1.401 Definition
Source: FAR 1.401 on acquisition.gov
A deviation is any action, omission, or policy that departs from the FAR's requirements, and recognizing these is essential for compliance and proper authorization.
Overview
FAR 1.401 defines what constitutes a "deviation" from the Federal Acquisition Regulation (FAR). A deviation is any action, omission, or policy that is inconsistent with the FAR, including unauthorized changes to solicitation provisions or contract clauses, omitting required clauses, or issuing policies not properly incorporated into agency regulations. This definition is critical because it establishes the baseline for when special approval or documentation is required to depart from standard FAR procedures. Understanding what qualifies as a deviation helps contracting professionals recognize when they must seek formal authorization or follow deviation procedures outlined elsewhere in the FAR.
Key Rules
- Definition of Deviation
- Any policy, procedure, clause, or practice inconsistent with the FAR is a deviation.
- Omission of Required Clauses
- Failing to include a required solicitation provision or contract clause is a deviation.
- Unauthorized Modifications
- Using modified or alternate language in clauses or provisions without FAR authorization is a deviation.
- Improper Use of "Substantially As Follows" Clauses
- Using clauses on a "substantially as follows" basis in a way that conflicts with FAR intent is a deviation.
- Changing Limitations
- Authorizing different limitations on FAR-prescribed clauses or procedures is a deviation.
- Unincorporated Policies
- Issuing contracting policies not incorporated into agency acquisition regulations per FAR 1.301(a) is a deviation.
Responsibilities
- Contracting Officers: Must identify and report any deviations, and ensure proper authorization is obtained before proceeding.
- Contractors: Should be aware of deviations to ensure compliance and avoid unauthorized contract terms.
- Agencies: Must ensure policies and procedures are properly incorporated and deviations are managed per FAR requirements.
Practical Implications
- This section exists to maintain consistency and integrity in federal procurement.
- It impacts daily contracting by requiring formal processes for any departure from standard FAR requirements.
- Common pitfalls include unintentional omissions or unauthorized modifications to required clauses, which can lead to compliance issues or contract disputes.
Deviation means any one or combination of the following:
(a) The issuance or use of a policy, procedure, solicitation provision (see definition in 2.101), contract clause (see definition in 2.101), method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the FAR.
(b) The omission of any solicitation provision or contract clause when its prescription requires its use.
(c) The use of any solicitation provision or contract clause with modified or alternate language that is not authorized by the FAR (see definition of "modification" in 52.101(a) and definition of "alternate" in 2.101).
(d) The use of a solicitation provision or contract clause prescribed by the FAR on a "substantially as follows" or "substantially the same as" basis (see definitions in 2.101 and 52.101(a)), if such use is inconsistent with the intent, principle, or substance of the prescription or related coverage on the subject matter in the FAR.
(e) The authorization of lesser or greater limitations on the use of any solicitation provision, contract clause, policy, or procedure prescribed by the FAR.
(f) The issuance of policies or procedures that govern the contracting process or otherwise control contracting relationships that are not incorporated into agency acquisition regulations in accordance with 1.301(a).