samsearch
    Platform
    01InfluenceShape the requirement before it's on your competitor's radar.
    Signal
    Recompete window opens in 42 days
    Facilities maintenance IDIQ$8.4M
    Forecast
    Agency spend up 18% next FY
    DoD facilitiesQ3 window
    02CaptureFind and qualify the work across every market.
    Federal91%
    Network engineering support — GSA MAS
    GSA541512
    SLED88%
    Custodial services — Fairfax County Public Schools
    K-12561720
    DIBBS79%
    Aircraft hydraulic fitting — DLA Aviation
    DLANSN 5330
    03AnalyzeExtract requirements and build the compliance matrix.
    Compliance matrix
    L.2.1Technical approachVol I
    L.3.4Staffing planVol I
    M.1Past performanceEvaluated
    SOW breakdown
    Requirements extracted38
    Mapped to Section L/M38
    Every extractionCited
    Ask Sammy
    “Do we meet the small business set-aside?”
    04ManageRun the pursuit through to award.
    Pipeline
    QualifyFacilities support · USACE
    CaptureComms upgrade · DLA
    ProposalShipyard dredging · NAVSEA
    PriyaAlex
    This week
    Submit past performance refsThu
    Confirm subK teamingFri
    Upload SF 33Mon
    05RespondDraft and submit your response.
    Drafting · Volume I
    247 words
    RFI response
    CompanyAcme Robotics LLC
    UEIJK4M8…
    Capability narrativeDrafted
    06FinanceGet paid faster on what you win.
    Capital available
    $2.4M against your award
    Facilities maintenance IDIQAwarded
    Partner matched
    LenderFederal Capital Partners
    Draw available$2.4M
    UnderwritingCleared
    The platform
    Influence
    Capture
    Analyze
    Manage
    Respond
    Finance
    One pipeline, six stages, start to award.
    See the whole platform
    Solutions
    By industry
    Tech & softwareSoftware and SaaS companies entering GovCon.Defense contractorsPrimes and subs in the defense industrial base.ConstructionBuilders bidding federal, state, and local work.CybersecuritySecurity vendors pursuing federal mandates.
    By team
    Capture managers & BDPipeline, qualification, and win strategy.Proposal teamsCompliance matrices and proposal drafting.Subcontractors & primesTeaming, subcontracting, and partner fit.
    By company size
    Small businessesSet-aside and small business contractors.EnterpriseLarge contractors running multiple pursuits.ConsultantsAdvisors and capture consultants.
    Browse all industries
    CustomersPricing
    ResourcesNew
    Learn
    AcademyCourses, guides, and playbooks.WebinarsLive sessions and recordings.DocsProduct documentation and setup guides.Implementation planOperational rollout guidance.
    Tools & data
    Free GovCon toolsCalculators, lookups, and more.Gov ExploreContracts, agencies, and NAICS codes.GovCon eventsConferences, training, and set-aside events.
    Latest blogIntroducing the New SamSearch: The Operating System for Government ContractingSamSearch has a new brand, a new site, and a new way of explaining what the platform actually does — the operating system for government contracting, organized around six stages instead of a single search box. Here's what changed and why.Read the post →
    All resources and tools
    Sign inRequest a demo
    Home/FAR Navigator/1/1.4/1.405

    FAR Navigator

    • 1Federal Acquisition Regulations System
      • 1.000Scope of part.
      • 1.1Subpart 1.1
      • 1.2Subpart 1.2
      • 1.3Subpart 1.3
      • 1.4Subpart 1.4
        • 1.400Scope of subpart.
        • 1.401Definition.
        • 1.402Policy.
        • 1.403Individual deviations.
        • 1.404Class deviations.
        • 1.405Deviations pertaining to treaties and executive agreements.
      • 1.5Subpart 1.5
      • 1.6Subpart 1.6
      • 1.7Subpart 1.7
    • 2Definitions of Words and Terms
    • 3Improper Business Practices and Personal Conflicts of Interest
    • 4Administrative and Information Matters
    • 5Publicizing Contract Actions
    • 6Competition Requirements
    • 7Acquisition Planning
    • 8Required Sources of Supplies and Services
    • 9Contractor Qualifications
    • 10Market Research
    • 11Describing Agency Needs
    • 12Acquisition of Commercial Products and Commercial Services
    • 13Simplified Acquisition Procedures
    • 14Sealed Bidding
    • 15Contracting by Negotiation
    • 16Types of Contracts
    • 17Special Contracting Methods
    • 18Emergency Acquisitions
    • 19Small Business Programs
    • 22Application of Labor Laws to Government Acquisitions
    • 23Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace
    • 24Protection of Privacy and Freedom of Information
    • 25Foreign Acquisition
    • 26Other Socioeconomic Programs
    • 27Patents, Data, and Copyrights
    • 28Bonds and Insurance
    • 29Taxes
    • 30Cost Accounting Standards Administration
    • 31Contract Cost Principles and Procedures
    • 32Contract Financing
    • 33Protests, Disputes, and Appeals
    • 34Major System Acquisition
    • 35Research and Development Contracting
    • 36Construction and Architect-Engineer Contracts
    • 37Service Contracting
    • 38Federal Supply Schedule Contracting
    • 39Acquisition of Information Technology
    • 40Reserved
    • 41Acquisition of Utility Services
    • 42Contract Administration and Audit Services
    • 43Contract Modifications
    • 44Subcontracting Policies and Procedures
    • 45Government Property
    • 46Quality Assurance
    • 47Transportation
    • 48Value Engineering
    • 49Termination of Contracts
    • 50Extraordinary Contractual Actions and the Safety Act
    • 51Use of Government Sources by Contractors
    • 52Solicitation Provisions and Contract Clauses
    • 53Forms
    Up to 1.4
    SectionUpdated April 16, 2026

    FAR 1.405—Deviations pertaining to treaties and executive agreements.

    Plain-English Summary

    FAR 1.405 explains how the FAR handles deviations that are needed to comply with international commitments, specifically treaties and executive agreements. It defines what counts as an "executive agreement" for this purpose, then distinguishes between deviations required by treaties and those required by executive agreements. The section authorizes deviations when they are necessary to meet those international obligations, but it also limits that authorization when the deviation would conflict with later-enacted law for treaties, or with applicable law for executive agreements. It also sets out a special process for civilian agencies other than NASA: authorized deviations must be transmitted to the FAR Secretariat through a central agency control point, and deviations that are not already authorized must be routed through the FAR Secretariat to the Civilian Agency Acquisition Council. In practice, this section ensures agencies can honor U.S. international commitments while preserving the hierarchy of domestic law and maintaining centralized oversight of FAR departures.

    Key Rules

    Executive agreement defined

    For this section, "executive agreements" means Government-to-Government agreements, including agreements with international organizations, to which the United States is a party. This definition matters because it determines which international arrangements can support a FAR deviation under paragraph (c).

    Treaty-based deviations authorized

    A deviation from the FAR required to comply with a treaty is authorized. However, that authorization does not apply if the deviation would be inconsistent with FAR coverage based on a law enacted after the treaty was executed.

    Executive-agreement deviations authorized

    A deviation from the FAR required to comply with an executive agreement is authorized unless the deviation would be inconsistent with FAR coverage based on law. The rule recognizes the agreement but preserves the controlling effect of domestic law.

    Later law can limit treaty deviations

    Even when a treaty requires a deviation, the deviation is not authorized if it would conflict with FAR coverage grounded in a statute enacted after the treaty was made. This protects later congressional enactments from being overridden by earlier treaty commitments in this FAR context.

    Civilian agency reporting requirement

    For civilian agencies other than NASA, any deviation authorized under paragraph (b) or (c) must be transmitted to the FAR Secretariat through a central agency control point. This creates a record and supports centralized oversight of international-agreement-based deviations.

    Unapproved deviations follow formal process

    For civilian agencies other than NASA, if a treaty- or executive-agreement-based deviation is not authorized by paragraphs (b) or (c), the request must be processed through the FAR Secretariat to the Civilian Agency Acquisition Council. This ensures higher-level review before any nonstandard FAR departure is approved.

    Responsibilities

    Contracting Officer / Agency Acquisition Staff

    Identify when a treaty or executive agreement requires a deviation from the FAR, determine whether the deviation is already authorized under paragraphs (b) or (c), and route the matter through the proper internal and FAR Secretariat channels when required.

    Civilian Agencies other than NASA

    Transmit copies of text deviations authorized under paragraphs (b) or (c) to the FAR Secretariat through a central agency control point, and ensure any deviation not already authorized is processed through the FAR Secretariat to the Civilian Agency Acquisition Council.

    Central Agency Control Point

    Serve as the internal routing and coordination point for transmitting authorized deviation texts to the FAR Secretariat for civilian agencies other than NASA.

    FAR Secretariat

    Receive transmitted authorized deviations and process non-authorized deviation requests for civilian agencies other than NASA through the appropriate FAR coordination channels.

    Civilian Agency Acquisition Council

    Review deviation requests that are not automatically authorized under paragraphs (b) or (c) and determine whether the requested deviation should be approved.

    Agency Legal Counsel / Policy Officials

    Assess whether the international commitment is a treaty or executive agreement, whether the requested deviation is required for compliance, and whether any later-enacted law or other law makes the deviation inconsistent or unavailable.

    Practical Implications

    1

    This section is a legal-compatibility checkpoint: before deviating from the FAR to satisfy an international commitment, agencies must confirm the source of the obligation and whether domestic law limits the deviation.

    2

    The biggest pitfall is assuming every treaty or executive agreement automatically overrides the FAR; paragraph (b) and (c) both preserve limits where inconsistent with controlling law.

    3

    For civilian agencies other than NASA, even authorized deviations are not just internal decisions — they must be transmitted to the FAR Secretariat, so documentation and routing matter.

    4

    If the deviation is not clearly authorized, agencies cannot simply proceed informally; they must use the formal FAR Secretariat/Civilian Agency Acquisition Council process.

    5

    Contracting teams should involve legal and policy staff early, because the key questions are not only operational but also about the timing of the treaty or agreement and whether later statutes or other law affect the deviation.

    Official Regulatory Text

    (a) "Executive agreements," as used in this section, means Government-to-Government agreements, including agreements with international organizations, to which the United States is a party. (b) Any deviation from the FAR required to comply with a treaty to which the United States is a party is authorized, unless the deviation would be inconsistent with FAR coverage based on a law enacted after the execution of the treaty. (c) Any deviation from the FAR required to comply with an executive agreement is authorized unless the deviation would be inconsistent with FAR coverage based on law. (d) For civilian agencies other than NASA, a copy of the text deviation authorized under paragraph (b) or (c) of this section shall be transmitted to the FAR Secretariat through a central agency control point. (e) For civilian agencies other than NASA, if a deviation required to comply with a treaty or an executive agreement is not authorized by paragraph (b) or (c) of this section, then the request for deviation shall be processed through the FAR Secretariat to the Civilian Agency Acquisition Council.

    Back to 1.4FAR Navigator
    samsearch

    The Complete AI Platform for Government Contracting

    Platform
    • Product
    • Pricing
    • ROI calculator
    • Integrations
    • Changelog
    Solutions
    • Solutions
    • Customers
    • Comparisons
    • Market watch
    Resources
    • Blog
    • Free GovCon tools
    • Glossary
    • Docs
    Company
    • API & partnerships
    • Careers
    • Support
    • Compliance
    • Trust centre
    • Contact
    Recognised & verified
    SOC 2 Type II Compliant, SamSearchAWS Partner - Advanced, SamSearch on AWS MarketplaceGartner Peer Insights Customer First, SamSearch
    Ask AI about samsearch
    Ask ChatGPTAsk ClaudeAsk Perplexity
    Follow

    © 2026 samsearch. All rights reserved.

    Terms of usePrivacy policy