41 C.F.R. PART 102–2—FEDERAL MANAGEMENT REGULATION SYSTEM
Title 41 - Public Contracts and Property Management
Authority: 40 U.S.C. 486(c).
Source: 64 FR 39085, July 21, 1999, unless otherwise noted.
The Federal Management Regulation (FMR) is the successor regulation to the Federal Property Management Regulations (FPMR). It contains updated regulatory policies originally found in the FPMR. However, it does not contain FPMR material that described how to do business with the General Services Administration (GSA). “How to” materials on this and other subjects are available in customer service guides, handbooks, brochures and Internet websites provided by GSA. (See §102–2.125.) The FMR prescribes policies concerning property management and related administrative activities. GSA issues the FMR to carry out the Administrator of General Services' functional responsibilities, as established by statutes, Executive orders, Presidential memoranda, Circulars and bulletins issued by the Office of Management and Budget (OMB), and other policy directives. The Administrator of General Services prescribes and issues the FMR under the authority of the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. 486(c), as well as other applicable Federal laws and authorities. The FMR applies to executive agencies unless otherwise extended to Federal agencies in various parts of this chapter. The difference between the two terms is that Federal agencies include executive agencies plus establishments in the legislative or judicial branch of the Government. See paragraphs (a) and (b) of this section for the definitions of each term. (a) What is an executive agency? An executive agency is any executive department or independent establishment in the executive branch of the Government, including any wholly-owned Government corporation. (See 40 U.S.C. 472(a).) (b) What is a Federal agency? A Federal agency is any executive agency or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under that person's direction). (See 40 U.S.C. 472(b).) Normally, GSA will ask agencies to collaborate in developing parts of the FMR. Proposed rules are published in the (a) (b) Loose-leaf. (See §102–2.35.) (c) Code of Federal Regulations (CFR), which is an annual codification of the general and permanent rules published in the (d) Electronically on the Internet. (a) A liaison appointed by each agency provides GSA with their agency's distribution requirements of the looseleaf version of the FMR. Agencies must submit GSA Form 2053, Agency Consolidated Requirements for GSA Regulations and Other External Issuances, to—General Services Administration, Office of Communications (X), 1800 F Street, NW, Washington, DC 20405. (b) Order Yes, an agency may issue implementing regulations (see §102–2.50) to expand upon related FMR material and supplementing regulations (see §102–2.55) to address subject material not covered in the FMR. The Office of the Federal Register assigns chapters in Title 41 of the Code of Federal Regulations for agency publication of implementing and supplementing regulations. (a) All FMR sections are designated by three numbers. The following example illustrates the chapter (it's always 102), part, and section designations: (b) In the looseleaf version, the month, year, and number of FMR amendments appear at the bottom of each page. The first three-digit number represents the chapter number assigned to your agency in Title 41 of the CFR. The part and section numbers correspond to FMR material. For example, if your agency is assigned Chapter 130 in Title 41 of the CFR and you are implementing §102–2.60 of the FMR, your implementing section would be numbered §130–2.60. Since there is no corresponding FMR material, number the supplementing material “601” or higher. For example, your agency's supplementing regulations governing special services to states might start with §130–601.5. 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.) 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. 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). 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. (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.) The written request must fully explain the reasons for the deviation, including the benefits that the agency expects to achieve. 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. Send correspondence to: General Services Administration, Regulatory Secretariat (MVRS), Office of Governmentwide Policy, 1800 F Street, NW, Washington, DC 20405. 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. 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) to describe their experiences in using a deviation. 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. (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. As GSA converts the FPMR to the FMR, non-regulatory materials in the FPMR, such as guidance, procedures, standards, and information, that describe how to do business with GSA, will become available in separate documents. These documents may include customer service guides, handbooks, brochures, Internet websites, and FMR bulletins. GSA will eliminate non-regulatory material that is no longer needed. Periodically, GSA will issue for your reference an FMR bulletin that lists program contacts with whom agencies can discuss regulatory requirements. At a minimum, the list will contain organization names and telephone numbers for each program addressed in the FMR. The FMR establishes policy; it does not specify procedures for the acquisition of GSA services. However, as a service to users during the transition from the FPMR to the FMR and as needed thereafter, GSA will issue FMR bulletins to identify where to find information on how to do business with GSA. References include customer service guides, handbooks, brochures, Internet websites, etc. In any of its parts, the FMR may prescribe forms and the requirements for using them. For copies of the forms prescribed by in the FMR, do any of the following: (a) Write to us at: General Services Administration, National Forms and Publications Center (7CPN), Warehouse 4, Dock No. 1, 501 West Felix Street, Fort Worth, TX 76115. (b) Send e-mail messages to: NFPC@gsa-7FDepot. (c) Visit our web site at: www.gsa.gov/forms/forms.htm. The FMR is written in a “plain language” regulatory style. This style is easy to read and uses a question and answer format directed at the reader, active voice, shorter sentences, and, where appropriate, personal pronouns. Throughout its text, the FMR may contain pronouns such as, but not limited to, we, you, and I. When pronouns are used, each subchapter of the FMR will indicate whether they refer to the reader, an agency, GSA, or some other entity. In general, pronouns refer to who or what must perform a required action.
Title 41: Public Contracts and Property Management
PART 102–2—FEDERAL MANAGEMENT REGULATION SYSTEM
Section Contents
General
§ 102-2.5 What is the Federal Management Regulation (FMR)?
§ 102-2.10 What is the FMR's purpose?
§ 102-2.15 What is the authority for the FMR system?
§ 102-2.20 Which agencies are subject to the FMR?
§ 102-2.25 When are other agencies involved in developing the FMR?
§ 102-2.30 Where and in what formats is the FMR published?
§ 102-2.35 How is the FMR distributed?
§ 102-2.40 May an agency issue implementing and supplementing regulations for the FMR?
Numbering
§ 102-2.45 How is the FMR numbered?
§ 102-2.50 How do I number my agency's implementing regulations?
§ 102-2.55 How do I number my agency's supplementing regulations?
Deviations
§ 102-2.60 What is a deviation from the FMR?
§ 102-2.65 When may agencies deviate from the FMR?
§ 102-2.70 What are individual and class deviations?
§ 102-2.75 What timeframes apply to deviations?
§ 102-2.80 What steps must an agency take to deviate from the FMR?
§ 102-2.85 What are the reasons for writing to GSA about FMR deviations?
§ 102-2.90 Where should my agency send its correspondence on an FMR deviation?
§ 102-2.95 What information must agencies include in their deviation letters to GSA?
§ 102-2.100 Must agencies provide GSA with a follow-up analysis of their experience in deviating from the FMR?
§ 102-2.105 What information must agencies include in their follow-up analysis?
§ 102-2.110 When must agencies provide their follow-up letters?
Non-Regulatory Material
§ 102-2.115 What kinds of non-regulatory material does GSA publish outside of the FMR?
§ 102-2.120 How do I know whom to contact to discuss the regulatory requirements of programs addressed in the FMR?
§ 102-2.125 What source of information can my agency use to identify materials that describe how to do business with GSA?
§ 102-2.130 Where are FMR forms prescribed?
§ 102-2.135 How do agencies obtain forms prescribed by the FMR?
§ 102-2.140 What elements of plain language appear in the FMR?
§ 102-2.145 To what do pronouns refer when used in the FMR?
Subpart A—Regulation System
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General
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§ 102-2.5 What is the Federal Management Regulation (FMR)?
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§ 102-2.10 What is the FMR's purpose?
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§ 102-2.15 What is the authority for the FMR system?
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§ 102-2.20 Which agencies are subject to the FMR?
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§ 102-2.25 When are other agencies involved in developing the FMR?
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§ 102-2.30 Where and in what formats is the FMR published?
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§ 102-2.35 How is the FMR distributed?
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§ 102-2.40 May an agency issue implementing and supplementing regulations for the FMR?
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Numbering
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§ 102-2.45 How is the FMR numbered?
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§ 102-2.50 How do I number my agency's implementing regulations?
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§ 102-2.55 How do I number my agency's supplementing regulations?
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Deviations
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§ 102-2.60 What is a deviation from the FMR?
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§ 102-2.65 When may agencies deviate from the FMR?
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§ 102-2.70 What are individual and class deviations?
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§ 102-2.75 What timeframes apply to deviations?
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§ 102-2.80 What steps must an agency take to deviate from the FMR?
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§ 102-2.85 What are the reasons for writing to GSA about FMR deviations?
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§ 102-2.90 Where should my agency send its correspondence on an FMR deviation?
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§ 102-2.95 What information must agencies include in their deviation letters to GSA?
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§ 102-2.100 Must agencies provide GSA with a follow-up analysis of their experience in deviating from the FMR?
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§ 102-2.105 What information must agencies include in their follow-up analysis?
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§ 102-2.110 When must agencies provide their follow-up letters?
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Non-Regulatory Material
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§ 102-2.115 What kinds of non-regulatory material does GSA publish outside of the FMR?
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§ 102-2.120 How do I know whom to contact to discuss the regulatory requirements of programs addressed in the FMR?
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§ 102-2.125 What source of information can my agency use to identify materials that describe how to do business with GSA?
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Subpart B—Forms
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§ 102-2.130 Where are FMR forms prescribed?
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§ 102-2.135 How do agencies obtain forms prescribed by the FMR?
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Subpart C—Plain Language Regulatory Style
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§ 102-2.140 What elements of plain language appear in the FMR?
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§ 102-2.145 To what do pronouns refer when used in the FMR?
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