9.503
Waiver
FAR 9.503 allows agency heads to waive OCI rules only when it serves the Government’s interest, requiring written justification and high-level approval.
Overview
FAR 9.503 provides a mechanism for agencies to waive general rules or procedures related to organizational and consultant conflicts of interest (OCI) when strict application would not serve the Government’s best interests. The waiver process is tightly controlled: requests must be made in writing, must detail the nature and extent of the conflict, and require approval from the agency head or a designee. Importantly, the authority to grant waivers cannot be delegated below the level of the head of a contracting activity, ensuring high-level oversight and accountability.
Key Rules
- Waiver Authority
- Only the agency head or a designee may grant waivers for OCI rules or procedures, and this authority cannot be further delegated below the head of a contracting activity.
- Written Request Requirement
- All waiver requests must be submitted in writing and must clearly describe the extent of the conflict of interest involved.
- Government Interest Standard
- Waivers may only be granted if applying the rule or procedure is determined not to be in the Government’s interest.
Responsibilities
- Contracting Officers: Must ensure any waiver requests are properly documented and submitted through the correct channels.
- Contractors: Should provide all necessary information regarding the conflict and support the waiver process as required.
- Agencies: Must maintain oversight of the waiver process, ensuring approvals are made at the appropriate level and that the Government’s interests are protected.
Practical Implications
- This section allows flexibility in managing OCIs but ensures that such flexibility is exercised with high-level oversight and clear documentation. Contractors and contracting officers must be diligent in preparing waiver requests, as improper or unsupported waivers can lead to compliance issues or protest risk. The process is designed to balance the need for flexibility with the imperative to protect the integrity of the procurement process.