[Code of Federal Regulations]
[Title 48, Volume 6]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR2009.570-9]

[Page 369]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 20--NUCLEAR REGULATORY COMMISSION
 
Sec. 2009.570-9  Waiver.

    (a) The contracting officer determines the need to seek a waiver for 
specific contract awards with the advice and concurrence of the program 
office director and legal counsel. Upon the recommendation of the Senior 
Procurement Executive, and after consultation with legal counsel, the 
Executive Director for Operations may waive the policy in specific cases 
if he determines that it is in the best interest of the United States to 
do so.
    (b) Waiver action is strictly limited to those situations in which:
    (1) The work to be performed under contract is vital to the NRC 
program;
    (2) The work cannot be satisfactorily performed except by a 
contractor whose interests give rise to a question of conflict of 
interest.
    (3) Contractual and/or technical review and surveillance methods can 
be employed by the NRC to neutralize the conflict.
    (c) The justification and approval documents for any waivers must be 
placed in the NRC Public Document Room.