1.404 Class deviations
Source: FAR 1.404 on acquisition.gov
Class deviations require high-level agency approval, coordination, and reporting to ensure proper oversight and potential FAR updates when deviations are needed on a recurring basis.
Overview
FAR 1.404 addresses the procedures and authorities for class deviations, which are deviations from the FAR that affect more than one contract action. The section outlines who may authorize class deviations within civilian agencies (excluding NASA), DoD, and NASA, and specifies the process for proposing permanent changes to the FAR when recurring class deviations are needed. Civilian agencies must consult with the CAA Council before authorizing a class deviation, unless urgency prevents it, and must provide copies of approved deviations to the FAR Secretariat. DoD and NASA have their own internal processes for controlling and approving class deviations, as specified in their respective supplements and regulations.
Key Rules
- Authorization of Class Deviations (Civilian Agencies, except NASA)
- Agency heads or designees may authorize class deviations, but not below the head of a contracting activity. Consultation with the CAA Council is required unless urgency precludes it.
- Reporting and Proposing FAR Revisions
- Agencies must send copies of approved class deviations to the FAR Secretariat and propose FAR revisions if a permanent deviation is needed.
- DoD and NASA Procedures
- DoD follows the Defense FAR Supplement for class deviations; NASA's Assistant Administrator for Procurement controls and approves deviations per agency regulations.
Responsibilities
- Contracting Officers: Must follow agency-specific procedures for class deviations and ensure proper authorization is obtained.
- Contractors: Should be aware that class deviations may impact contract terms and should seek clarification from contracting officers.
- Agencies: Must consult with the CAA Council (civilian), report deviations, and propose FAR revisions for permanent needs; follow internal processes for DoD and NASA.
Practical Implications
- This section ensures that class deviations are properly controlled, coordinated, and reported, maintaining consistency and oversight in federal procurement. Contractors may encounter unique contract terms due to class deviations, and agencies must follow strict procedures to authorize and document these deviations. Failure to comply can result in unauthorized contract actions or lack of transparency.
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.