# 3.1104 Mitigation or waiver.

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

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

2. (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.

3. (c) This authority shall not be redelegated.