# 2 CFR § 910.133: Deviation authority

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-2-910.133

## Section

- **Citation:** 2 CFR § 910.133
- **Heading:** Deviation authority
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 2—Federal Financial Assistance > Subtitle B—Federal Agency Regulations for Grants and Agreements > CHAPTER IX—DEPARTMENT OF ENERGY > PART 910—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS > Subpart B—General Provisions

## Text

(a) General. (1) A deviation is the use of any policy, procedure, form, standard, term, or condition which varies from a requirement of this part, or the waiver of any such requirement, unless such use or waiver is authorized or precluded by Federal statute. The use of optional or discretionary provisions of this part, including special restrictive conditions used in accordance with § 910.372, exceptions under 2 CFR 200.102, and the waiver of the cost sharing requirements in § 910.130 are not deviations. Awards to foreign entities are not subject to this section.
(2) A single-case deviation is a deviation which applies to one financial assistance transaction and one applicant, recipient, or subrecipient only.
(3) A class deviation is a deviation which applies to more than one financial assistance transaction, applicant, recipient, or subrecipient.
(b) Conditions for approval. The DOE/NNSA officials specified in paragraph (c) of this section may authorize a deviation only upon a written determination that the deviation is—
(1) Necessary to achieve program objectives;
(2) Necessary to conserve public funds;
(3) Otherwise essential to the public interest; or
(4) Necessary to achieve equity.
(c) Approval procedures. (1) A deviation request must be in writing and must be submitted to the responsible DOE/NNSA Contracting Officer. An applicant for a subaward or a subrecipient shall submit any such request through the recipient.
(2) Except as provided in paragraph (c)(3) of this section—
(i) A single-case deviation may be authorized by the responsible HCA.
(ii) A class deviation may be authorized by the Director, Office of Acquisition Management, for DOE actions, and the Deputy Associate Administrator for the Office of Acquisition and Project Management for NNSA, for NNSA actions, or designee.
(3) Whenever the approval of OMB, other Federal agency, or other DOE/NNSA office is required to authorize a deviation, the proposed deviation must be submitted to the Director, Office of Acquisition Management, for DOE actions, and the Deputy Associate Administrator for the Office of Acquisition and Project Management for NNSA, for NNSA actions, or designee for concurrence prior to submission to the authorizing official.
(d) Notice. Whenever a request for a class deviation is approved, DOE/NNSA will identify this class deviation (as applicable) in the Notice of Funding Opportunity(s) that may be affected.
(e) Subawards. A recipient may use a deviation in a subaward only with the prior written approval of a DOE/NNSA Contracting Officer.
[85 FR 32979, June 1, 2020]

## Nearby sections

- [2 CFR § 910.120 § 910.120 Adoption of 2 CFR part 200.](https://www.frixlaw.com/law-library/statutes/ecfr-2-910.120.md)
- [2 CFR § 910.122 § 910.122 Applicability.](https://www.frixlaw.com/law-library/statutes/ecfr-2-910.122.md)
- [2 CFR § 910.124 § 910.124 Eligibility.](https://www.frixlaw.com/law-library/statutes/ecfr-2-910.124.md)
- [2 CFR § 910.126 § 910.126 Competition.](https://www.frixlaw.com/law-library/statutes/ecfr-2-910.126.md)
- [2 CFR § 910.127 § 910.127 Legal authority and effect.](https://www.frixlaw.com/law-library/statutes/ecfr-2-910.127.md)
- [2 CFR § 910.128 § 910.128 Disputes and appeals.](https://www.frixlaw.com/law-library/statutes/ecfr-2-910.128.md)
- [2 CFR § 910.130 § 910.130 Cost sharing (EPACT).](https://www.frixlaw.com/law-library/statutes/ecfr-2-910.130.md)
- [2 CFR § 910.132 § 910.132 Research misconduct.](https://www.frixlaw.com/law-library/statutes/ecfr-2-910.132.md)
- [2 CFR § 910.133 § 910.133 Deviation authority.](https://www.frixlaw.com/law-library/statutes/ecfr-2-910.133.md)
- [2 CFR § 910.200 § 910.200 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-2-910.200.md)
- [2 CFR § 910.210 § 910.210 Applicability.](https://www.frixlaw.com/law-library/statutes/ecfr-2-910.210.md)
- [2 CFR § 910.230 § 910.230 Required conflict of interest (COI) and conflict of commitment (COC) policies.](https://www.frixlaw.com/law-library/statutes/ecfr-2-910.230.md)
- [2 CFR § 910.240 § 910.240 Reporting conflicts of interest (COIs) and conflicts of commitment (COCs).](https://www.frixlaw.com/law-library/statutes/ecfr-2-910.240.md)
- [2 CFR § 910.250 § 910.250 Organizational conflicts.](https://www.frixlaw.com/law-library/statutes/ecfr-2-910.250.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-2-910.133. Check the current official text before relying on it. Not legal advice.