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Can agency do class deviation to not follow a statute?

Started by govt2310 · Sep 8, 2022 · 2 replies

  1. g

    govt2310

    Sep 8, 2022 · 3y ago

    Original post

    This is a ridiculous question, I know, but I'm wondering, does anyone know of any court decisions where an agency tried to do a class deviation to not follow a statute, such as CICA?  I'm sure the agency lost, but we need to see the actual court decision.

  2. V

    Vern Edwards

    Sep 8, 2022 · 3y ago

    I am not aware of, and could not find, any court decision dealing with a case in which an agency knowingly issued a class deviation that was contrary to statute. That may be because FAR 1.402 states:

    Quote

    Unless precluded by law, executive order, or regulation, deviations from the FAR may be granted as specified in this subpart when necessary to meet the specific needs and requirements of each agency.

    Emphasis added.

    Statute trumps regulation.

  3. g

    govt2310

    Sep 8, 2022 · 3y ago

    Thanks, Vern!

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