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Deviation Tracker: A Live Record of the FAR Overhaul
This tracker documents the two-level assault on federal regulations. First, we show the top-level changes made by the FAR Council. Then, we track the individual Class Deviation Memos filed by each federal agency to implement—and sometimes alter—those changes. This is a living record, updated as new rules and memos are issued.
What Was Changed
- Eliminated FAR Subpart 1.5: This removed the mandatory requirement for public notice and comment for any changes to the FAR.
- Deleted FAR 1.404: This removed the requirement for federal agencies to publicly post and justify their deviations from the FAR.
Why It Matters (Impact & Analysis)
This is the most critical structural change. By removing the rules for how rules are made, the administration has given itself the authority to create a "shadow FAR" in secret. It dismantles the public's legal right to oversee the process and creates the foundation for the entire Deviation Doctrine.
Source Documents:
Agency-Specific Class Deviations
The following agencies have issued their own deviation memos to implement the FAR Part 1 changes. We have analyzed each memo to highlight where agencies have simply adopted the main text versus where they have introduced significant, unique changes.
What Was Changed
- Deleted the mandate to use market research to identify small business capabilities.
- Removed the requirement to consult with the SBA's small business specialists.
- Replaced specific, enforceable procedures with vague, unenforceable "principles."
Why It Matters (Impact & Analysis)
Market research is the first step in any procurement. By removing the requirement to use it to find small businesses, the new rule allows agencies to structure acquisitions for large firms from the very beginning, making it impossible to apply the "Rule of Two" later in the process. It effectively cuts small businesses out before the competition even begins.
Source Documents:
Agency-Specific Class Deviations
The following agencies have issued their own deviation memos to implement the FAR Part 10 changes.
What Was Changed
- Removed policies that encouraged phased acquisition and multiple entry points for smaller firms on large, long-term projects.
Why It Matters (Impact & Analysis)
This change favors large, established prime contractors who can handle massive systems integration projects. It reduces opportunities for innovative smaller firms to contribute specialized technology and services, weakening the diversity and resilience of the defense industrial base.
Source Documents:
Agency-Specific Class Deviations
The following agencies have issued their own deviation memos to implement the FAR Part 34 changes.
What Was Changed
- Removed numerous specific clauses that gave small businesses enforceable rights within contracts.
- Introduced ambiguity around subcontracting plans and compliance, making it harder to protest non-compliance.
Why It Matters (Impact & Analysis)
This is the final step in the doctrine. Even if a small business identifies an opportunity, without specific, mandatory clauses in the contract, they lose their legal standing to protest when an agency fails to follow the law. It turns rights into suggestions.
Source Documents:
Agency-Specific Class Deviations
No agency-specific deviations have been issued for this part as of June 11, 2025.
