FAR 1.403—Individual deviations.
Plain-English Summary
FAR 1.403 addresses individual deviations from the FAR and explains when a deviation may be approved for a single contract action rather than for broader use. It covers three core topics: the limited scope of an individual deviation, who has authority to approve it, and the documentation that must be placed in the contract file. In practice, this section matters when an agency needs to depart from a FAR requirement for one specific procurement action because of a unique circumstance, but does not want to create a class deviation or change agency-wide policy. The rule also ties individual deviations to the agency head’s approval authority, while recognizing that FAR 1.405(e) may provide a different approval path in some cases. For contracting officers, the practical significance is that a deviation is not informal flexibility; it is a controlled exception that must be justified, approved, and recorded. For contractors, it means a single solicitation or contract action may be handled differently from the normal FAR rule, but only through an authorized process.
Key Rules
Single-action scope only
An individual deviation applies to only one contract action. It is not a standing exception and cannot be used to support multiple procurements or broader policy changes.
Agency head approval
Unless FAR 1.405(e) applies, an individual deviation may be authorized by the agency head. This makes the approval level high and ensures deviations are reserved for exceptional circumstances.
Document the justification
The contracting officer must record why the deviation is needed. The justification should explain the specific facts, the FAR requirement being deviated from, and why the deviation is appropriate for that one action.
File the approval
The contracting officer must place the agency approval in the contract file. This creates an audit trail showing the deviation was properly authorized and supports later review or oversight.
Check for special authority
The phrase 'unless 1.405(e) is applicable' means another FAR provision may govern approval in certain situations. Before seeking approval, the contracting officer must confirm whether a different deviation process applies.
Responsibilities
Contracting Officer
Identify when a deviation is needed for a specific contract action, prepare the justification, ensure the correct approval path is used, and document both the justification and the approval in the contract file.
Agency Head
Authorize the individual deviation when required by FAR 1.403, unless another provision such as FAR 1.405(e) provides a different approval authority.
Agency
Maintain internal controls and oversight so individual deviations are used only for one contract action and are supported by proper documentation and approval.
Contractor
Generally has no approval role, but should recognize that a solicitation or contract action may reflect an authorized deviation and should review the terms carefully for any nonstandard requirements or treatment.
Practical Implications
This section is about controlled exceptions, not convenience. If a contracting officer wants to depart from the FAR for one procurement, the deviation must be justified and approved before or as part of the action, not handled informally.
The biggest compliance risk is treating an individual deviation like a routine practice. If the same issue keeps recurring, the agency may need a class deviation or a broader policy fix instead of repeated individual deviations.
Documentation is critical. Missing justification or missing approval in the contract file can create audit findings, protest vulnerability, or questions about the validity of the procurement record.
Contracting officers should confirm whether FAR 1.405(e) changes the approval route before routing the deviation to the agency head. Using the wrong approval authority can invalidate the process.
Contractors should watch for unusual solicitation or contract language that may reflect a deviation, especially if it affects competition, evaluation, delivery, or contract administration terms.
Official Regulatory Text
Individual deviations affect only one contract action, and, unless 1.405 (e) is applicable, may be authorized by the agency head. The contracting officer must document the justification and agency approval in the contract file.