Overview
This section establishes the authority and procedural requirements for an agency to waive the standard Organizational Conflict of Interest (OCI) rules when applying them would be detrimental to the government's interests.
Key Rules
- Authority: Only an agency head or their designee possesses the power to waive the general rules or procedures found in FAR Subpart 9.5.
- Approval Threshold: Waiver authority is highly restricted and cannot be delegated below the level of the Head of a Contracting Activity (HCA).
- Documentation Requirements: All waiver requests must be submitted in writing and must explicitly detail the specific extent of the conflict of interest.
- Decision Criterion: A waiver is only permissible upon a formal determination that applying the OCI rules in that specific situation is not in the best interest of the Government.
Practical Implications
- Waivers are rare and high-level administrative actions used primarily when a specific contractor offers unique, mission-critical capabilities that cannot be obtained elsewhere, despite a recognized conflict.
- Contracting officers must ensure the written justification is robust and clearly outlines why the risk of the conflict is secondary to the benefit of the procurement.