FAR 1.402—Policy.
Plain-English Summary
FAR 1.402 states the basic policy for FAR deviations and explains when agencies may depart from the FAR to meet their specific needs. It covers the general authority to grant deviations, the policy that innovation and testing of new acquisition techniques should not be discouraged by the need for a deviation, and the special cross-references that control deviations involving Part 31, Contract Cost Principles and Procedures. It also identifies areas where deviations are not allowed, including FAR 30.201-3 and 30.201-4 and the Cost Accounting Standards Board (CASB) rules and regulations in 48 CFR chapter 99, and points readers to FAR 30.201-5 for CAS waivers. In practice, this section tells agencies and contracting officials that deviation authority exists to support mission needs and acquisition innovation, but only within the limits set by law, executive order, regulation, and the specific FAR provisions governing cost principles and CAS. It is a policy statement that balances flexibility with control, ensuring agencies can test new methods without treating the deviation process as a barrier, while preserving mandatory requirements where deviations are prohibited.
Key Rules
Deviations May Be Granted
Unless a law, executive order, or regulation prevents it, FAR deviations may be approved under the procedures in this subpart when needed to meet an agency’s specific requirements. The authority is not automatic; it must be exercised within the limits and process established by the FAR.
Support Agency Needs
The purpose of deviation authority is to allow agencies to address unique mission needs and acquisition circumstances that the standard FAR text may not fully accommodate. Agencies should use deviations as a tool for practical problem-solving, not as an exception reserved only for extraordinary cases.
Do Not Stifle Innovation
The policy expressly says that developing and testing new acquisition techniques and methods should not be discouraged merely because a FAR deviation is required. Agencies are encouraged to pursue innovation even when the process requires formal deviation approval.
Part 31 Has Separate Rules
For matters involving FAR Part 31, Contract Cost Principles and Procedures, readers must follow the instructions in FAR 31.101. This means deviation handling for cost principles is governed by a separate, specific rule set rather than only by the general deviation policy in Part 1.
No Deviations from Certain CAS Provisions
Deviations are not authorized for FAR 30.201-3 and 30.201-4, or for the requirements of the CASB rules and regulations in 48 CFR chapter 99. These provisions are mandatory and cannot be altered through the FAR deviation process.
CAS Waivers Follow Separate Procedure
Requests involving Cost Accounting Standards waivers must follow FAR 30.201-5. A waiver is not the same as a deviation, so agencies must use the correct authority and procedure for CAS-related relief.
Responsibilities
Agency
Determine whether a deviation is needed to meet specific agency requirements, and ensure any requested deviation is allowed by law, executive order, regulation, and the applicable FAR provisions. Agencies should also support innovation and testing of new acquisition methods without treating the need for a deviation as a reason to stop.
Contracting Officer
Recognize when a proposed acquisition approach requires a FAR deviation, route the request through the proper approval process, and ensure the deviation does not conflict with prohibited areas such as certain CAS provisions or the rules in Part 31. The contracting officer must also distinguish between a deviation and a CAS waiver.
Policy/Legal/Acquisition Officials
Review proposed deviations for compliance with governing authorities and confirm that the requested relief is permitted under the applicable FAR subpart and any special cross-referenced rules. They should also advise whether the issue must be handled under Part 31, FAR 30.201-5, or another specific authority.
Contractor
Understand that deviations are an internal government authority and generally cannot be assumed or requested as a matter of right unless the solicitation or contract process provides a path for relief. Contractors should identify when agency acquisition practices appear to rely on a deviation so they can assess compliance and contract risk.
Practical Implications
Agencies can use deviations to support mission-specific solutions and pilot new acquisition approaches, but they must still follow the formal approval process.
A common mistake is treating all FAR relief the same; Part 31 cost principles and CAS matters have separate rules, and some provisions cannot be deviated from at all.
Contracting teams should check whether the issue is a deviation or a CAS waiver, because the wrong label can lead to using the wrong procedure and delaying approval.
The prohibition on deviations from certain CAS provisions means agencies cannot use deviation authority to bypass mandatory accounting requirements.
For contractors, the practical impact is that unusual solicitation or contract terms may reflect an approved deviation, so they should review them carefully and raise questions early if the terms appear inconsistent with standard FAR language.
Official Regulatory Text
Unless precluded by law, executive order, or regulation, deviations from the FAR may be granted as specified in this subpart when necessary to meet the specific needs and requirements of each agency. The development and testing of new techniques and methods of acquisition should not be stifled simply because such action would require a FAR deviation. The fact that deviation authority is required should not, of itself, deter agencies in their development and testing of new techniques and acquisition methods. Refer to 31.101 for instructions concerning deviations pertaining to the subject matter of part 31 , Contract Cost Principles and Procedures. Deviations are not authorized with respect to 30.201-3 and 30.201-4 , or the requirements of the Cost Accounting Standards Board (CASB) rules and regulations ( 48 CFR chapter 99 ). Refer to 30.201-5 for instructions concerning waivers pertaining to Cost Accounting Standards.