Overview
FAR 1.402 establishes the authority for agencies to deviate from standard FAR requirements to meet specific agency needs or to foster innovation in acquisition methods. It emphasizes that the administrative requirement of obtaining a deviation should not discourage the development and testing of new procurement techniques.
Key Rules
- General Authority: Deviations are permitted unless specifically precluded by law, executive order, or regulation.
- Encouragement of Innovation: Agencies are explicitly instructed not to stifle the testing of new acquisition methods simply because a FAR deviation is required.
- CAS Prohibitions: Deviation authority is strictly prohibited for Cost Accounting Standards Board (CASB) rules and regulations (48 CFR chapter 99), as well as FAR 30.201-3 and 30.201-4.
- Specific Cross-References:
- Deviations regarding Contract Cost Principles and Procedures must follow FAR 31.101.
- Waivers for Cost Accounting Standards must follow FAR 30.201-5.
Practical Implications
- Agencies can utilize this policy to pilot "innovative" procurement processes that do not fit the standard FAR mold, provided they document the necessity through the formal deviation process.
- Contractors should be aware that while many FAR requirements are flexible via deviation, Cost Accounting Standards (CAS) remain rigid and are generally exempt from an individual agency's FAR deviation authority.