1.403
Individual deviations
Individual deviations from the FAR for a single contract require agency head approval and must be fully documented by the contracting officer.
Overview
FAR 1.403 addresses the process for authorizing individual deviations from the Federal Acquisition Regulation (FAR) that impact only a single contract action. It specifies that, unless a specific exception in FAR 1.405(e) applies, the agency head has the authority to approve such deviations. The regulation also requires the contracting officer to provide a written justification for the deviation and to document the agency's approval in the contract file. This ensures transparency and accountability when deviating from standard FAR procedures on a case-by-case basis.
Key Rules
- Authorization of Individual Deviations
- Individual deviations affecting only one contract action may be authorized by the agency head, unless FAR 1.405(e) applies.
- Documentation Requirement
- The contracting officer must document both the justification for the deviation and the agency approval in the contract file.
Responsibilities
- Contracting Officers: Must prepare a written justification for the deviation and ensure agency approval is documented in the contract file.
- Contractors: Should be aware that deviations may be granted on a case-by-case basis and may affect contract terms.
- Agencies: Agency heads are responsible for authorizing individual deviations and ensuring proper documentation is maintained.
Practical Implications
- This section provides a controlled process for handling unique situations where strict adherence to the FAR is not practical for a specific contract.
- It ensures that deviations are not granted arbitrarily and that there is a clear record of the rationale and approval.
- Common pitfalls include failure to properly document the justification or obtain the necessary agency head approval, which can lead to compliance issues during audits or reviews.