Acquisition Mythbusters 2025-04: A FAR Deviation Means Permanent Change

With all the discussions on the Revolutionary FAR Overhaul (RFO) that have been circulating, I thought it  pertinent to put out a reminder that everything so far has been done via deviations. 

Myth:

When the FAR Council (and our RFO friends)  issue a "Class Deviation" during the Revolutionary FAR Overhaul, it permanently changes procurement rules and regulations.

Reality:

A FAR Class Deviation is fundamentally a temporary adjustment, used to swiftly implement critical or strategic procurement changes before formal rule-making processes are complete. Far from permanent (pun intended!), these deviations are explicitly designed to serve as interim solutions with a clearly defined shelf-life, typically expiring automatically after four years unless officially codified through the formal rule-making process.

Why Does This Myth Persist?

Well, there’s enough happening right now, that even those who have been trained on the topic are having a hard time keeping up. Many procurement professionals and contracting entities see the term "deviation" and incorrectly equate it to permanent regulatory modifications. Because class deviations can significantly impact ongoing procurements and can be swiftly enacted, stakeholders often presume they carry indefinite authority. This misconception is reinforced by the visibility and immediacy of deviations as compared to slower formal FAR updates.

Breaking Down the Reality:

Definition and Purpose of FAR Deviations: Class deviations are temporary authorizations for federal agencies to bypass specific FAR clauses or requirements. Their primary function is to address urgent procurement needs, remove non-statutory administrative burdens, or test new approaches before committing them permanently into regulation. In the case of the RFO, it’s simply a larger test that we’ve ever seen before.

Duration and Expiration: Contrary to the myth, class deviations do not indefinitely alter the FAR. Instead, deviations are explicitly limited, typically expiring after four years. To continue beyond this, deviations must undergo formal rule-making—requiring public commentary, review, and codification into the FAR.

Strategic Flexibility, Not Regulatory Chaos: While I question what appears to be an ad hoc approach to changes under the RFO, providing answers when we don’t know the questions, in general FAR deviations are strategic tools to quickly address evolving procurement landscapes, such as new technological demands or immediate policy shifts driven by executive orders. They provide necessary flexibility but are structured to ensure ultimate accountability and transparency via the standard FAR rule-making process.

Impact on Contractors and Agencies: Agencies and contractors must understand that deviations offer temporary procurement pathways. Long-term procurement planning should anticipate that unless deviations are formalized into permanent FAR updates, they will revert to pre-deviation standards after the deviation expires.

Compliance and Risk Management: Entities utilizing deviation-based rules should implement dual-track compliance strategies—operating effectively under temporary deviations while preparing for possible reversion or transition to a formalized FAR rule.

Examples in the RFO:

The Revolutionary FAR Overhaul has led to multiple deviations, such as removing certain non-statutory reporting requirements. Agencies and industry quickly benefited from reduced administrative burdens. However, unless these deviations undergo formal adoption into the FAR, they will sunset, potentially requiring all parties to revert to previous processes if no formal rule-making action is taken.

Bottom Line: 

As we’re all planning for the impacts of the RFO, this is another important factor to keep in mind. There is an intent to take these changes through the formal rulemaking process, however that process normally results in some level of change/adjustment. Plan for the RFO, but understand that the changes at the end of the 180 day mark are not the end. It’s going to be important to monitor these rules well into the future and take advantage of opportunities for public feedback and input. 

Smart companies and offices should closely monitor the status and duration of all deviations, proactively prepare for eventual expiration, and understand that deviations may sunset.