Overview
This section provides a comprehensive definition of what constitutes a "deviation" from the Federal Acquisition Regulation (FAR), encompassing any action, omission, or policy that contradicts or improperly modifies the standard acquisition rules.
Key Rules
- Inconsistency with the FAR: Any policy, procedure, solicitation provision, contract clause, or method used at any stage of the acquisition process that is inconsistent with the FAR is considered a deviation.
- Unauthorized Omissions: It is a deviation to omit a required solicitation provision or contract clause when its use is mandated by a prescription.
- Unauthorized Modifications: Using modified or alternate language in provisions or clauses that has not been specifically authorized by the FAR constitutes a deviation.
- Misuse of Flexible Language: Even when using clauses on a "substantially as follows" or "substantially the same as" basis, a deviation occurs if the changes are inconsistent with the intent, principle, or substance of the FAR prescription.
- Altering Limitations: Authorizing either greater or lesser limitations on the application of FAR-prescribed clauses, provisions, or procedures is a deviation.
- Improper Policy Issuance: Issuing policies or procedures that govern contracting relationships without properly incorporating them into agency acquisition regulations (per FAR 1.301) is defined as a deviation.
Practical Implications
- Contracting Officers must strictly follow FAR prescriptions unless a formal, written deviation has been approved by the appropriate agency head or authorized official.
- Failure to adhere to these definitions can result in legal challenges, protests, or contracts being deemed non-compliant, as the FAR is the primary authority for federal procurement.