48 C.F.R. § 1.403
1.403 Individual deviations.
Individual deviations affect only one contract action, and, unless 1.405(e) is applicable, may be authorized by the agency head. The contracting officer must document the justification and agency approval in the contract file.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1998–2024 · leading case: Johnson Mgmt. Grp. Cfc, Inc. v. Mel. R. Martinez, Sec'y of Hous. & Urban Dev., 308 F.3d 1245 (Fed. Cir. 2002).
Johnson Mgmt. Grp. Cfc, Inc. v. Mel. R. Martinez, Sec'y of Hous. & Urban Dev., 308 F.3d 1245 (Fed. Cir. 2002). “The FAR contemplates two types of deviations from its provisions: “Individual deviations,” see 48 C.F.R. § 1.403 ; and "Class deviations," see 48 C.”
Tesoro Hawaii Corp., Tesoro Alaska Co. & Hermes Consol., Inc., D/B/A Wyoming Refining Co. v. United States, 405 F.3d 1339 (Fed. Cir. 2005). “According to the regulations applicable at the time, an individual deviation affects only one “contracting action,” 48 C.F.R. § 1.403 (1995), whereas a class deviation affects “more than one contracting action,” Id.”
SDS Int'l v. United States, 48 Fed. Cl. 759 (Fed. Cl. 2001). “” 48 C.F.R. § 1.403 . Nothing in the record of this procurement indicates that permission to deviate from the FAR was either sought or granted.”
The Cessna Aircraft Co. v. John H. Dalton, Sec'y of Navy, 126 F.3d 1442 (Fed. Cir. 1998). “The analogous FAR provision is 48 C.F.R. § 1.403 (1996). 21 . The Board in ITT also stated that another primary purpose was "to relieve [the contractor] of any obligation to incur production costs for successive years until funds were assured from which to pay [it].”
Hermes Consol., Inc. v. United States, 58 Fed. Cl. 409 (Fed. Cl. 2003). “404 (2002)(“Class deviations”)(authorizing class deviations which affect more than one contracting action).”
Acuity Edge, Inc. v. United States (Fed. Cl. 2024). “See 48 C.F.R. §§ 1.403 , 1.404. 9 15.306(a)(2).”
Tesoro Hawaii Corp. v. United States (Fed. Cir. 2005). “According to the regulations applicable at the time, an individual deviation affects only one "contracting action," 48 C.F.R. § 1.403 (1995), whereas a class deviation affects "more than one contracting action," Id.”
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