§8105 — Title 41 Public Contracts | U.S. Code

Summary

An agency head may decide not to stop payments, end, suspend, or bar a contractor or grantee for a specific contract or grant. For contracts, that can be done only after the required final decision and only if stopping the action would severely disrupt agency work and harm the Government or the public. For grants, it can be done if ending the grant would not be in the public interest. Only the agency head can make this choice. They cannot give that power to someone else.

Title 41, §8105

Public Contracts — Source: USLM XML via OLRC

(a)The head of an agency may waive a suspension of payments, termination of the contract or grant, or suspension or debarment of a contractor or grantee under this chapter with respect to a particular contract or grant if—

(1)in the case of a contract, the head of the agency determines under section 8102(b)(1) of this title, after a final determination is issued under section 8102(b)(1), that suspension of payments, termination of the contract, suspension or debarment of the contractor, or refusal to permit a person to be treated as a responsible source for a contract would severely disrupt the operation of the agency to the detriment of the Federal Government or the general public; or

(2)in the case of a grant, the head of the agency determines that suspension of payments, termination of the grant, or suspension or debarment of the grantee would not be in the public interest.

(b)The authority of the head of an agency under this section to waive a suspension, termination, or debarment shall not be delegated.

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 810541:704.Pub. L. 100–690, title V, § 5155, Nov. 18, 1988, 102 Stat. 4307.

§8105 Waiver

Summary

Title 41, §8105

Notes & Related Subsidiaries

Historical and Revision Notes

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