48 C.F.R. § 1.404

1.404 Class deviations.

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Class deviations affect more than one contract action. When an agency knows that it will require a class deviation on a permanent basis, it should propose a FAR revision, if appropriate. Civilian agencies, other than NASA, must furnish a copy of each approved class deviation to the FAR Secretariat.

(a) For civilian agencies except NASA, class deviations may be authorized by agency heads or their designees, unless 1.405(e) is applicable. Delegation of this authority shall not be made below the head of a contracting activity. Authorization of class deviations by agency officials is subject to the following limitations:

(1) An agency official who may authorize a class deviation, before doing so, shall consult with the chairperson of the Civilian Agency Acquisition Council (CAA Council), unless that agency official determines that urgency precludes such consultation.

(2) Recommended revisions to the FAR shall be transmitted to the FAR Secretariat by agency heads or their designees for authorizing class deviations.

(b) For DOD, class deviations shall be controlled, processed, and approved in accordance with the Defense FAR Supplement.

(c) For NASA, class deviations shall be controlled and approved by the Assistant Administrator for Procurement. Deviations shall be processed in accordance with agency regulations.

[48 FR 42103, Sept. 19, 1983, as amended at 56 FR 15148, Apr. 15, 1991; 59 FR 11387, Mar. 10, 1994; 61 FR 67411, Dec. 20, 1996; 67 FR 13053, 13068, Mar. 20, 2002]

Notes of Decisions

Cited in 3 cases, 1993–2003 · leading case: Johnson Mgmt. Grp. Cfc, Inc. v. Mel. R. Martinez, Sec'y of Hous. & Urban Dev., 308 F.3d 1245 (Fed. Cir. 2002).

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Johnson Mgmt. Grp. Cfc, Inc. v. Mel. R. Martinez, Sec'y of Hous. & Urban Dev., 308 F.3d 1245 (Fed. Cir. 2002). “403 ; and "Class deviations," see 48 C.F.R. § 1.404 . The contracting officer’s insertion of clause 2 into the REAM contract involved an individual deviation because what she did affected “only one contracting action.”

Hermes Consol., Inc. v. United States, 58 Fed. Cl. 409 (Fed. Cl. 2003). “403 (2002)(“Individual deviations”)(ageney heads or their designees may authorize individual deviations which affect only one contracting action); 48 C.F.R. § 1.404 (2002)(“Class deviations”)(authorizing class deviations which affect more than one contracting action).”

Serv. Employees Int'l Union v. Gen. Servs. Admin., 830 F. Supp. 5 (D.D.C. 1993). “The Plaintiff also objects to the Defendant issuing this regulation as a class deviation to the FAR in accordance with 48 C.F.R. § 1.404 , as opposed to promulgating it a permanent regulation.”

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