Deviation means any one or combination of the following:
(a) The issuance or use of a policy, procedure, solicitation provision (see definition in 2.101), contract clause (see definition in 2.101), method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the FAR.
(b) The omission of any solicitation provision or contract clause when its prescription requires its use.
(c) The use of any solicitation provision or contract clause with modified or alternate language that is not authorized by the FAR (see definition of “modification” in 52.101(a) and definition of “alternate” in 2.101).
(d) The use of a solicitation provision or contract clause prescribed by the FAR on a substantially as follows or substantially the same as basis (see definitions in 2.101 and 52.101(a)), if such use is inconsistent with the intent, principle, or substance of the prescription or related coverage on the subject matter in the FAR.
(e) The authorization of lesser or greater limitations on the use of any solicitation provision, contract clause, policy, or procedure prescribed by the FAR.
(f) The issuance of policies or procedures that govern the contracting process or otherwise control contracting relationships that are not incorporated into agency acquisition regulations in accordance with 1.301(a).
[48 FR 42103, Sept. 19, 1983, as amended at 66 FR 2118, Jan. 10, 2001; 89 FR 30253, Apr. 22, 2024; 90 FR 20223, May 12, 2025]
Notes of Decisions
Gulf Grp. Inc. v. United States, 61 Fed. Cl. 338 (Fed. Cl. 2004).
· cites it 3× “Gulf Group argues that the exclusion of the SDB price evaluation adjustment constitutes a deviation from the FAR, see 48 C.F.R. § 1.401 (2003), and that failure to specify that its absence meant it did not apply violated the law requiring that bidders be informed of the basis…”
Com. Drapery Contractors, Inc. v. United States, 133 F.3d 1 (D.C. Cir. 1998).
“See 48 C.F.R. § 1.401 . Commercial and Milford never bother to explain why they think the two cancellation clauses are inconsistent with one another; they just say again and again that the two provisions perform different functions.”
Nat'l Indus. for the Blind v. Dep't of Vets. Affairs, 296 F. Supp. 3d 131 (D.C. Cir. 2017).
“48 C.F.R. § 1.401 ; see also id. § 801.404 (granting VA procurement leadership the authority to "authorize class deviations from the FAR and VAAR when a class deviation is in the best interest of the Government").”
Nat'l Indus. for the Blind v. Dep't of Vets. Affairs (D.D.C. 2017).
“48 C.F.R. § 1.401 ; see also id. § 801.404 (granting VA procurement leadership the authority to “authorize class deviations from the FAR and VAAR when a class deviation is in the best interest of the Government”).”
Acuity Edge, Inc. v. United States (Fed. Cl. 2024).
“See 48 C.F.R. § 1.401 . If that is the case, the Administrative Record does not make clear if the procedures for deviations, both individual and class deviations, were followed.”
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