FAR 9.503—Waiver.
Plain-English Summary
FAR 9.503 explains how an agency may waive the general rules and procedures in Subpart 9.5, which covers organizational conflicts of interest. It allows the agency head, or a properly authorized designee, to decide that applying a particular conflict-of-interest rule in a specific situation would not be in the Government’s interest. The section also sets out the process for requesting a waiver: the request must be in writing, must describe the extent of the conflict, and must be approved at the proper level. In practice, this provision is a narrow exception mechanism that lets agencies proceed when strict application of the OCI rules would unnecessarily hinder the acquisition, but only after a documented, high-level judgment. It matters because waivers can affect competition, contractor eligibility, and the integrity of the procurement process, so the approval authority is tightly controlled and cannot be pushed below the head of a contracting activity.
Key Rules
Waiver is discretionary
The agency head or a designee may waive any general rule or procedure in Subpart 9.5. The standard is whether applying the rule in the particular situation would not be in the Government’s interest.
Written request required
Any waiver request must be submitted in writing. The request must clearly identify the issue and provide enough information for the approving official to understand the conflict and the need for relief.
Conflict must be described
The request must set forth the extent of the conflict. This means the agency must explain the nature, scope, and seriousness of the organizational conflict of interest being waived.
Proper approval level
A waiver requires approval by the agency head or a designee. The authority to approve cannot be delegated below the head of a contracting activity.
Limited delegation of authority
Although a designee may approve a waiver, the agency head may not delegate waiver authority below the head of a contracting activity. This preserves senior-level oversight for these sensitive decisions.
Responsibilities
Agency Head
May approve a waiver when application of the Subpart 9.5 rule would not be in the Government’s interest. Must ensure waiver authority is not delegated below the head of a contracting activity.
Designee
May approve a waiver only if properly designated by the agency head and only within the limits of that delegation. Must review the written request and determine whether the waiver is justified.
Head of a Contracting Activity
May receive delegated waiver authority, but no lower-level official may be given this authority. Must exercise oversight consistent with the sensitivity of OCI waiver decisions.
Requesting Official or Program/Contracting Staff
Must prepare a written waiver request that explains the conflict and why a waiver is in the Government’s interest. Must provide enough detail for the approving official to make an informed decision.
Practical Implications
Waivers are exception-only tools, not routine workarounds; agencies should use them sparingly and document the rationale carefully.
A weak or vague waiver request is a common pitfall. If the extent of the conflict is not clearly described, the approval may be delayed or denied.
Because the approval level is high, contractors should expect extra review time and should not assume a waiver will be granted just because it is requested.
The section is especially important in OCI-sensitive procurements, where a waiver can determine whether a contractor may compete or continue performing.
Contracting personnel should verify delegation authority before routing a waiver, since approval by an unauthorized official would be improper and could create protest or compliance risk.
Official Regulatory Text
The agency head or a designee may waive any general rule or procedure of this subpart by determining that its application in a particular situation would not be in the Government’s interest. Any request for waiver must be in writing, shall set forth the extent of the conflict, and requires approval by the agency head or a designee. Agency heads shall not delegate waiver authority below the level of head of a contracting activity.