FAR 1.401—Definition.
Plain-English Summary
FAR 1.401 defines what counts as a "deviation" from the Federal Acquisition Regulation (FAR). This section is foundational because it tells agencies, contracting officers, and contractors when an action, policy, clause, or procedure is outside the normal FAR framework and therefore may require special approval, justification, or corrective action. It covers six specific situations: issuing or using a policy, procedure, solicitation provision, contract clause, method, or practice that is inconsistent with the FAR; omitting a required solicitation provision or contract clause; using modified or alternate clause language that the FAR does not authorize; using a clause or provision on a "substantially as follows" or "substantially the same as" basis in a way that conflicts with the FAR’s intent or substance; authorizing broader or narrower limitations than the FAR allows; and issuing contracting policies or procedures that control the acquisition process or contracting relationships without incorporating them into agency acquisition regulations as required by FAR 1.301(a). In practice, this definition is the trigger point for deviation analysis: if an agency wants to do something different from the FAR, it must determine whether the action is a deviation and then follow the applicable approval and publication rules. For contractors, this section matters because deviations can affect solicitation terms, clause wording, competition, risk allocation, and contract administration. For contracting officers and policy officials, it is a compliance checkpoint to ensure acquisition actions stay within authorized boundaries or are properly approved when they do not.
Key Rules
Inconsistent acquisition practices
A deviation includes any policy, procedure, provision, clause, method, or practice used at any stage of the acquisition process that is inconsistent with the FAR. This is broad and covers both formal written rules and actual operating practices.
Missing required clauses
If the FAR prescription requires a solicitation provision or contract clause and it is omitted, that omission is a deviation. The key question is whether the FAR says the provision or clause must be used in that situation.
Unauthorized clause changes
Using modified or alternate language in a solicitation provision or contract clause is a deviation unless the FAR authorizes that change. Agencies cannot rewrite FAR clauses simply for convenience or preference.
Improper substantially-as language
Even when a clause or provision is prescribed on a "substantially as follows" or "substantially the same as" basis, the language used is a deviation if it conflicts with the intent, principle, or substance of the FAR prescription or related coverage.
Excessive or reduced limitations
A deviation also occurs when an agency authorizes greater or lesser limitations on the use of a FAR-prescribed policy, procedure, provision, or clause than the FAR permits. This prevents agencies from expanding or narrowing FAR requirements without authority.
Unincorporated agency policies
Policies or procedures that govern the contracting process or otherwise control contracting relationships must be incorporated into agency acquisition regulations under FAR 1.301(a). If they are issued outside that framework, they are treated as deviations.
Responsibilities
Contracting Officers
Apply FAR prescriptions as written, identify when a solicitation provision or clause is missing or altered, and avoid using unauthorized language or practices. When a contemplated action departs from the FAR, the contracting officer must treat it as a deviation and follow the required approval and documentation process.
Agency Acquisition Policy Officials
Ensure agency policies and procedures that affect contracting are properly incorporated into agency acquisition regulations under FAR 1.301(a). They must also review proposed policies for consistency with the FAR and prevent unauthorized agency-wide practices from being issued informally.
Program and Procurement Staff
Support acquisition planning and drafting without introducing inconsistent practices, omitted clauses, or unauthorized clause language. They should flag any proposed process or template that appears to depart from FAR requirements.
Contractors and Offerors
Review solicitations and contract terms for missing, altered, or unusual provisions that may indicate a deviation. When a solicitation appears to depart from the FAR, contractors should seek clarification and assess the impact on pricing, compliance, and risk.
Agency Heads and Approving Officials
Oversee deviation control within the agency, approve deviations when authority exists, and ensure that agency practices do not create unauthorized contracting rules outside the FAR and agency acquisition regulations.
Practical Implications
This definition is the first step in spotting compliance problems: if a solicitation or contract term does not match the FAR, it may be a deviation even if it seems minor.
A common pitfall is assuming that a clause can be shortened, reworded, or made more contractor-friendly without checking whether the FAR allows that exact change.
Another frequent issue is omitting a required clause because it seems unnecessary in a particular procurement; if the prescription requires it, omission is still a deviation.
Agency teams should be careful with internal templates, local procedures, and policy memos, because informal guidance can become an unauthorized deviation if it controls contracting activity.
Contractors should watch for unusual clause wording or missing standard provisions, since deviations can affect rights, obligations, remedies, and protest or dispute positions.
Official Regulatory Text
Deviation means any one or combination of the following: (a) The issuance or use of a policy, procedure, solicitation provision (see definition in 2.101 ), contract clause (see definition in 2.101 ), method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the FAR. (b) The omission of any solicitation provision or contract clause when its prescription requires its use. (c) The use of any solicitation provision or contract clause with modified or alternate language that is not authorized by the FAR (see definition of "modification" in 52.101 (a) and definition of "alternate" in 2.101 ). (d) The use of a solicitation provision or contract clause prescribed by the FAR on a "substantially as follows" or "substantially the same as" basis (see definitions in 2.101 and 52.101 (a)), if such use is inconsistent with the intent, principle, or substance of the prescription or related coverage on the subject matter in the FAR. (e) The authorization of lesser or greater limitations on the use of any solicitation provision, contract clause, policy, or procedure prescribed by the FAR. (f) The issuance of policies or procedures that govern the contracting process or otherwise control contracting relationships that are not incorporated into agency acquisition regulations in accordance with 1.301 (a).