48 C.F.R. § 9.503
9.503 Waiver.
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.
Notes of Decisions
Cited in 4
cases, 2004–2014 · leading case: Turner Construction Co., Inc. v. United States
Turner Construction Co., Inc. v. United States (2010)
“48 C.F.R. § 9.503 . As the GAO proceedings unfolded, LTG Antwerp received numerous briefings regarding and requests for a waiver from the Savannah District of the Army Corps of Engineers.”
Sra International, Inc. v. United States (2014)
“” 48 C.F.R. § 9.503 . 7 . The FDIC’s regulatory authority includes the power [t]o prescribe by its Board of Directors such rules and regulations as it may deem necessary to carry out the provisions of [Chapter 16 of the United States Code] or of any other law which it has the…”
Filtration Development Co., LLC v. United States (2004)
“In other words, at the time it issued its opinion, the court was aware that the Army could waive the OCI and award a contract to AFS for IBF kits.”
United States v. Richard Schaller (2010)
“” 48 C.F.R. § 9.503 . Schaller acknowledges that “the waiver of conflict was never done in writing.”
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