FAR 1.404—Class deviations.
Plain-English Summary
FAR 1.404 explains how agencies handle class deviations, which are deviations that affect more than one contract action. It covers when an agency should consider a FAR revision instead of repeatedly using deviations, who may authorize class deviations in civilian agencies other than NASA, the limits on that authority, and the special procedures for DoD and NASA. It also requires civilian agencies other than NASA to send approved class deviations to the FAR Secretariat, and it ties class-deviation processing to agency-specific regulations. In practice, this section matters because class deviations can change acquisition policy across multiple procurements, so they must be controlled carefully to avoid inconsistent treatment, unauthorized policy changes, and unnecessary repetition of temporary workarounds. It also creates a feedback loop: if a deviation is needed on a permanent basis, the agency should consider changing the FAR itself rather than continuing to deviate from it.
Key Rules
Class deviations cover multiple actions
A class deviation is one that affects more than one contract action. Because of that broader impact, it is treated as a policy-level exception rather than a one-off procurement decision.
Permanent need suggests FAR revision
If an agency knows it will need the same class deviation on a permanent basis, it should propose a FAR revision if appropriate. This prevents agencies from relying indefinitely on deviations for what is really a continuing policy change.
Civilian agency approval limits
For civilian agencies other than NASA, class deviations may be authorized by agency heads or their designees, unless FAR 1.405(e) applies. The authority may not be delegated below the head of a contracting activity.
CAA Council consultation required
Before authorizing a class deviation, the responsible civilian agency official must consult with the chairperson of the Civilian Agency Acquisition Council, unless urgency makes consultation impracticable. This helps coordinate governmentwide acquisition policy.
Transmit recommended FAR revisions
Agency heads or their designees who authorize class deviations must transmit recommended FAR revisions to the FAR Secretariat. This ensures recurring deviation issues are elevated for possible regulatory change.
Civilian agencies must share approvals
Civilian agencies, other than NASA, must furnish a copy of each approved class deviation to the FAR Secretariat. This creates visibility and oversight for deviations that may affect broader acquisition policy.
DoD follows DFARS procedures
For the Department of Defense, class deviations are controlled, processed, and approved under the Defense FAR Supplement. FAR 1.404 therefore defers to DoD-specific rules rather than setting DoD approval mechanics.
NASA uses agency-specific approval
For NASA, class deviations are controlled and approved by the Assistant Administrator for Procurement, and they are processed under NASA regulations. NASA therefore uses its own internal approval structure and procedures.
Responsibilities
Agency heads or their designees (civilian agencies other than NASA)
May authorize class deviations, subject to the limits in FAR 1.404 and any applicable FAR 1.405(e) restrictions. They must consult the CAA Council chairperson before authorization unless urgency prevents consultation, and they must transmit recommended FAR revisions to the FAR Secretariat when appropriate.
Head of a contracting activity
May receive delegated authority to authorize class deviations, but the delegation may not go below this level. This official serves as the lowest permissible delegation point for civilian agencies other than NASA.
Civilian agencies other than NASA
Must furnish a copy of each approved class deviation to the FAR Secretariat and ensure class deviations are handled under the approval and consultation requirements in this section.
Chairperson of the Civilian Agency Acquisition Council (CAA Council)
Serves as the consultation point for civilian agency officials before class deviations are authorized, unless urgency precludes consultation.
Agency heads or their designees (for recommended FAR revisions)
Must transmit recommended FAR revisions to the FAR Secretariat when class deviations indicate a recurring or permanent need for policy change.
Department of Defense
Must control, process, and approve class deviations in accordance with the Defense FAR Supplement rather than the civilian-agency procedures in this section.
NASA
Must control and approve class deviations through the Assistant Administrator for Procurement and process them in accordance with NASA regulations.
FAR Secretariat
Receives copies of approved class deviations from civilian agencies other than NASA and receives recommended FAR revisions for consideration.
Practical Implications
Class deviations are not just paperwork; they can change how multiple procurements are handled, so agencies should treat them as policy-sensitive actions and not routine exceptions.
If the same deviation keeps coming up, the agency should ask whether the FAR or agency supplement needs to be changed instead of repeatedly issuing temporary deviations.
Civilian agencies must be careful about who signs off: authority cannot be pushed below the head of a contracting activity, and consultation with the CAA Council chairperson is normally required.
DoD and NASA do not follow the civilian-agency approval path in this section, so users must check DFARS or NASA regulations before processing a deviation.
A common pitfall is failing to send approved civilian-agency class deviations to the FAR Secretariat or failing to document why urgent circumstances prevented consultation.
Official Regulatory Text
Class deviations affect more than one contract action. When an agency knows that it will require a class deviation on a permanent basis, it should propose a FAR revision, if appropriate. Civilian agencies, other than NASA, must furnish a copy of each approved class deviation to the FAR Secretariat. (a) For civilian agencies except NASA, class deviations may be authorized by agency heads or their designees, unless 1.405 (e) is applicable. Delegation of this authority shall not be made below the head of a contracting activity. Authorization of class deviations by agency officials is subject to the following limitations: (1) An agency official who may authorize a class deviation, before doing so, shall consult with the chairperson of the Civilian Agency Acquisition Council (CAA Council), unless that agency official determines that urgency precludes such consultation. (2) Recommended revisions to the FAR shall be transmitted to the FAR Secretariat by agency heads or their designees for authorizing class deviations. (b) For DoD, class deviations shall be controlled, processed, and approved in accordance with the Defense FAR Supplement. (c) For NASA, class deviations shall be controlled and approved by the Assistant Administrator for Procurement. Deviations shall be processed in accordance with agency regulations.