Sign In
  • Question

    Who has the authority to approve a deviation from a FAR clause? What is the process. Thanks.


    Answer

    FAR 1.4 concerns deviations from the FAR with 1.402 being the policy and 1.403 stating, that "Individual deviations affect only one contract action, and, unless 1.405(e) is applicable, may be authorized by agency head. The contracting officer must document the justification and agency approval in the contract file."

    From your question, I believe it concerns deviating from FAR clauses that are already in the contract. If it is a commercial item procurement, you may tailor certain FAR clauses as noted in FAR 12.302.  You normally do this prior to solicitation.  If you want to do it after award, you must issue a modification and obtain consideration from the contractor depending on what is tailored. 

    If it is a different clause or not a commericial contract, then you cannot just deviate from it.  You have to issue a modification to delete the clause if you agree and request consideration.  There are flowdown clauses to subcontracts that must be in the contract and cannot be deviated from. Be careful about removing any clause already in the contract as there was a reason it was put there in the first place.  Please check the clause you are talking about and also with your counsel and agency guidelines on this issue before doing any modification concerning deviating from a contract clause.

    Open full Question Details