Regulatory Deviations

A deviation is the issuance or use of a policy, procedure, solicitation provision, contract clause, method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the Federal Acquisition Regulation (FAR) or VA Acquisition Regulation (VAAR).  Deviations are processed in accordance with FAR 1.400, Deviations from the FAR; VAAR 801.4, Deviations from the FAR or VAAR.  In general, an approved deviation may authorize lesser or greater limitations on the use of any solicitation provision, contract clause, policy, or procedure prescribed by the FAR or VAAR.

A deviation is either from the FAR or VAAR, and may be either an individual and class deviation.  An individual deviation affects only one contact action, while a class deviation affects more than one contract action.

• For individual deviations, VAAR 801.403(b) requires a contracting officer to submit a deviation request through the Head Contracting Activity (HCA).  Upon HCA approval, the HCA or designee may submit the deviation request to the Procurement Policy Service at VA.Procurement.Policy@va.gov.
  
  
• For class deviations, any VA employee that finds that a class deviation is necessary may submit a request to their respective HCA.  Upon HCA approval, the HCA or designee may submit the deviation request to the Procurement Policy Service at VA.Procurement.Policy@va.gov.

The deviation request must clearly state the circumstances warranting the deviation and the nature of the deviation.

Procurement Policy Service will review the deviation request to determine its appropriateness and request any additional information, as needed.  If the deviation request is approved, Procurement Policy will format the request, and prepare for DSPE signature.  Upon DSPE approval of an individual deviation, the requester will be notified.  Upon DSPE approval of a class deviation, the deviation will be issued via acquisition alert and made available on this site.