---
kind: "range"
citation: "41 C.F.R. §§ 102-2.60–102-2.110"
title: "41"
from: "102-2.60"
to: "102-2.110"
count: 11
url: "https://uscodex.org/cfr/41/102-2.60..102-2.110"
---

# §102-2.60. What is a deviation from the FMR?


A deviation from the FMR is an agency action or policy that is inconsistent with the regulation. (The deviation policy for the FPMR is in [41 CFR part 101-1](/cfr/41/part101-1.md).)


# §102-2.65. When may agencies deviate from the FMR?


Because, it consists primarily of set policies and mandatory requirements, deviation from the FMR should occur infrequently. However, to address unique circumstances or to test the effectiveness of potential policy changes, agencies may be able to deviate from the FMR after following the steps described in [§ 102-2.80](/cfr/41/102-2.80.md).


# §102-2.70. What are individual and class deviations?


An individual deviation is intended to affect only one action. A class deviation is intended to affect more than one action (e.g., multiple actions, the actions of more than one agency, or individual agency actions that are expected to recur).


# §102-2.75. What timeframes apply to deviations?


Timeframes vary based on the nature of the deviation. However, deviations cannot be open-ended. When consulting with GSA about using an individual or class deviation, you must set a timeframe for the deviation's duration.


# §102-2.80. What steps must an agency take to deviate from the FMR?

- (a) Consult informally with appropriate GSA program personnel to learn more about how your agency can work within the FMR's requirements instead of deviating from them. The consultation process may also highlight reasons why an agency would not be permitted to deviate from the FMR; e.g., statutory constraints.
- (b) **Formally request a deviation, if consultations indicate that your agency needs one.** The head of your agency or a designated official should write to GSA's Regulatory Secretariat to the attention of a GSA official in the program office that is likely to consider the deviation. (See the FMR bulletin that lists contacts in GSA's program offices and [§ 102-2.90](/cfr/41/102-2.90.md).) The written request must fully explain the reasons for the deviation, including the benefits that the agency expects to achieve.

# §102-2.85. What are the reasons for writing to GSA about FMR deviations?


The reasons for writing are to:

- (a) **Explain your agency's rationale for the deviation.** Before it can adequately comment on a potential deviation from the FMR, GSA must know why it is needed. GSA will compare your need against the applicable policies and regulations.
- (b) Obtain clarification from GSA as to whether statutes, Executive orders, or other controlling policies, which may not be evident in the regulation, preclude deviating from the FMR for the reasons stated.
- (c) **Establish a timeframe for using a deviation.**
- (d) **Identify potential changes to the FMR.**
- (e) **Identify the benefits and other results that the agency expects to achieve.**

# §102-2.90. Where should my agency send its correspondence on an FMR deviation?


Send correspondence to: General Services Administration, Regulatory Secretariat (MVRS), Office of Governmentwide Policy, 1800 F Street, NW, Washington, DC 20405.


# §102-2.95. What information must agencies include in their deviation letters to GSA?


Agencies must include:

- (a) The title and citation of the FMR provision from which the agency wishes to deviate;
- (b) The name and telephone number of an agency contact who can discuss the reason for the deviation;
- (c) The reason for the deviation;
- (d) A statement about the expected benefits of using the deviation (to the extent possible, expected benefits should be stated in measurable terms);
- (e) A statement about possible use of the deviation in other agencies or Governmentwide; and
- (f) **The duration of the deviation.**

# §102-2.100. Must agencies provide GSA with a follow-up analysis of their experience in deviating from the FMR?


Yes, agencies that deviate from the FMR must also write to the relevant GSA program office at the Regulatory Secretariat's address (see [§ 102-2.90](/cfr/41/102-2.90.md)) to describe their experiences in using a deviation.


# §102-2.105. What information must agencies include in their follow-up analysis?


In your follow-up analysis, provide information that may include, but should not be limited to, specific actions taken or not taken as a result of the deviation, outcomes, impacts, anticipated versus actual results, and the advantages and disadvantages of taking an alternative course of action.


# §102-2.110. When must agencies provide their follow-up letters?

- (a) **For an individual deviation, once the action is complete.**
- (b) For a class deviation, at the end of each twelve-month period from the time you first took the deviation and at the end of the deviation period.