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FAR and DFARS › FAR Part 3: Improper Business Practices and Personal Conflicts of Interest › Subpart 3.11

FAR 3.1104 Mitigation or waiver.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains what a contractor can do when it cannot fully prevent a personal conflict of interest as required by the clause at 52.203-16. In exceptional circumstances, the contractor may ask, through the contracting officer, for the head of the contracting activity to either approve a mitigation plan or waive the requirement. The head of the contracting activity can act only if it is in the Government's best interest and may attach conditions.

Applies to: Contractors subject to the personal conflict of interest clause at 52.203-16

What it requires

  • Submit a request through the contracting officer if the contractor cannot satisfactorily prevent a personal conflict of interest

Key terms: personal conflict of interest · mitigate · waiver · contracting officer · head of the contracting activity

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) In exceptional circumstances, if the contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of the clause at 52.203-16, Preventing Personal Conflicts of Interest, the contractor may submit a request, through the contracting officer, for the head of the contracting activity to—

(1) Agree to a plan to mitigate the personal conflict of interest; or

(2) Waive the requirement to prevent personal conflicts of interest.

(b) If the head of the contracting activity determines in writing that such action is in the best interest of the Government, the head of the contracting activity may impose conditions that provide mitigation of a personal conflict of interest or grant a waiver.

(c) This authority shall not be redelegated.

Sections it refers to

  • 52.203-16 Preventing Personal Conflicts of Interest.

← 3.1103 Procedures. · 3.1105 Violations. →

Rule changes for FAR Part 3

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 3.1104 Mitigation or waiver · SpendQuery