[Code of Federal Regulations]

[Title 48, Volume 7]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR2909.503]



[Page 22]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                     CHAPTER 29--DEPARTMENT OF LABOR

 

PART 2909_CONTRACTOR QUALIFICATIONS--Table of Contents

 

   Subpart 2909.5_Organizational and Consultant Conflicts of Interest

 

Sec. 2909.503  Waiver.





    (a) The Senior Procurement Executive is delegated authority by the 

Assistant Secretary for Administration and Management to waive any 

general rule or procedure in FAR 9.5 when its application in a 

particular situation would not be in the Government's best interest.

    (b) Requests for waivers must be made by the HCA to the PE. Each 

request must include:

    (1) An analysis of the facts involving the potential or actual 

conflict including benefits and detriments to the Government and 

prospective contractors;

    (2) A discussion of the factors which preclude avoiding, 

neutralizing, or mitigating the conflict; and

    (3) Identification of the provision(s) in FAR 9.5 to be waived.

    (c) In making determinations under this subpart the Senior 

Procurement Executive must request the opinion of the Office of the 

Solicitor, Division of Legislation and Legal Counsel.