Subpart 1.4
Deviations from the FAR
FAR Subpart 1.4 provides the framework and procedures for obtaining, documenting, and approving deviations from standard FAR requirements, ensuring flexibility while maintaining regulatory control.
Overview
FAR Subpart 1.4 establishes the rules and procedures for authorizing deviations from the Federal Acquisition Regulation (FAR). It defines what constitutes a deviation, outlines the policy for when deviations may be permitted, and distinguishes between individual and class deviations. The subpart also addresses deviations related to treaties and executive agreements. The purpose is to ensure that any departures from standard FAR requirements are controlled, justified, and properly documented, maintaining the integrity of the federal acquisition process while allowing flexibility when necessary.
Key Rules
- Definition of Deviation
- Clearly defines what actions or omissions qualify as a deviation from the FAR, including both individual contract actions and broader classes of contracts.
- Policy on Deviations
- Establishes that deviations are generally discouraged but may be authorized when necessary to meet specific needs, provided proper procedures are followed.
- Individual Deviations
- Outlines the process for requesting and approving deviations that apply to a single contract or situation, including required documentation and approvals.
- Class Deviations
- Details the procedures for deviations that affect multiple contracts or a class of contracts, including higher-level review and coordination.
- Deviations for Treaties and Executive Agreements
- Provides special procedures for deviations required to comply with international treaties or executive agreements.
Responsibilities
- Contracting Officers: Must identify, justify, and obtain proper approval for any deviation from the FAR, and ensure all documentation is complete.
- Contractors: Should be aware of any deviations that affect their contracts and comply with any special requirements or procedures.
- Agencies: Responsible for oversight, ensuring deviations are justified, documented, and reported as required.
Practical Implications
- This subpart exists to balance the need for regulatory consistency with the flexibility to address unique contracting situations.
- It impacts daily contracting by requiring formal processes for any departure from standard FAR rules, helping prevent unauthorized or unjustified deviations.
- Common pitfalls include failing to obtain proper approvals, inadequate documentation, or misunderstanding the difference between individual and class deviations.