(b)(i) Except as provided in paragraph (b)(ii) of this section, OUSD(A&S)DPCAP is the approval authority within DoD for any class deviation.
(ii) The senior procurement executives for the Army, Navy, and Air Force, and the Directors of the Defense Commissary Agency, the Defense Contract Management Agency, and the Defense Logistics Agency, may approve any class deviation, other than those described in 201.402(1), that does not—
(A) Have a significant effect beyond the internal operating procedures of the department or agency;
(B) Have a significant cost or administrative impact on contractors or offerors;
(C) Diminish any preference given small business concerns by the FAR or DFARS; or
(D) Extend to requirements imposed by statute or by regulations of other agencies such as the Small Business Administration and the Department of Labor.
[65 FR 6552, Feb. 10, 2000, as amended at 65 FR 52951, Aug. 31, 2000; 68 FR 7439, Feb. 14, 2003; 88 FR 73235, Oct. 25, 2023; 89 FR 60831, July 29, 2024]
Notes of Decisions
SDS Int'l v. United States, 48 Fed. Cl. 759 (Fed. Cl. 2001).
“48 C.F.R. § 201.404 (b)(ii). Plaintiff has cited no authority, and the court has found none, suggesting that the Air Force or the Department of Defense has approved a deviation from FAR 15.”
Mvl USA, Inc. v. United States (Fed. Cl. 2025).
“404(b) and 48 C.F.R. § 201.404 (b), the Department of Defense’s (“DoD”) Principal Director of Defense Pricing, Contracting, and Acquisition Policy issued a DoD-wide FAR class deviation directing: Effective immediately, contracting officers shall not use project labor agreements…”
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