Overview
This section defines class deviations as policy exceptions affecting multiple contract actions and establishes the specific approval authorities and procedural requirements for civilian agencies, the Department of Defense (DoD), and NASA.
Key Rules
- Definition: A class deviation is a deviation that affects more than one contract action.
- Permanent Revisions: If an agency requires a class deviation on a permanent basis, it is expected to propose a formal revision to the FAR.
- Civilian Agency Authority: Authorized by agency heads or designees, but authority cannot be delegated below the Head of the Contracting Activity (HCA).
- Consultation Requirement: Before authorizing a class deviation, civilian agency officials must consult with the Chairperson of the Civilian Agency Acquisition Council (CAA Council) unless urgency prevents it.
- Agency Specifics:
- DoD: Governed by the Defense FAR Supplement (DFARS).
- NASA: Controlled and approved specifically by the Assistant Administrator for Procurement.
- Reporting: Civilian agencies (excluding NASA) must provide copies of all approved class deviations to the FAR Secretariat.
Practical Implications
- Consistency: Class deviations allow agencies to implement uniform policy changes across all their procurement offices simultaneously rather than handling exceptions on a case-by-case basis.
- Regulatory Compliance: Contracting officers must ensure that any deviation they rely upon has been vetted at the HCA level or higher and, for civilian agencies, has undergone the required CAA Council consultation to be considered valid.