Reference: Rule and Appendix A
Person functioning as negotiator cannot supervise or formally evaluate:
Persons performing waiver valuations.
Federal funding agency may waive.
"Person functioning as a negotiator" refers to the person or persons immediately involved in making the initial offer and conducting initial negotiations. It is not intended to cover everyone who may eventually be included in settlement negotiations.
The rule includes a new provision allowing the Federal funding agency to waive supervisory prohibition provisions if compliance would create a hardship for the acquiring agency.
This waiver is intended for acquiring agencies with very small staffs where it may not be possible to have complete separation of functions.
Applies principally to staff positions, but intended to cover any situation that may foster coercion.
"Waiver" is programmatic - not a waiver of the rule under § 24.7 and can be considered where this may create a hardship on agencies with a small staff.