---
kind: "section"
citation: "42 C.F.R. § 455.240"
title: "42"
number: "455.240"
heading: "Conflict of interest resolution."
url: "https://uscodex.org/cfr/42/455.240"
---

# §455.240. Conflict of interest resolution.

- (a) **Review Board—** CMS may establish a Conflicts of Interest Review Board to assist in resolving organizational conflicts of interest.
- (b) **Resolution—** Resolution of an organizational conflict of interest is a determination by the contracting officer that:
  - (1) **The conflict is mitigated.**
  - (2) **The conflict precludes award of a contract to the offeror.**
  - (3) **The conflict requires that CMS modify an existing contract.**
  - (4) **The conflict requires that CMS terminate an existing contract.**
  - (5) It is in the best interest of the government to contract with the offeror or contractor even though the conflict of interest exists and a request for waiver is approved in accordance with [48 CFR 9.503](/cfr/48/9.503.md).

## Notes

### Amendments

[73 FR 55771, Sept. 26, 2008]

### Source

Source: 72 FR 67655, Nov. 30, 2007, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45262, Sept. 29, 1978, unless otherwise noted.

### Amendments

[73 FR 55771, Sept. 26, 2008]