Title 41, Public ContractsRelease 119-110

§8105 Waiver

Title 41 › Subtitle IV — Miscellaneous › CHAPTER 81 — DRUG-FREE WORKPLACE › § 8105

Last updated Sep 22, 2026|Official source

Summary

An agency head can lift a suspension, stop a contract cancelation, or end a debarment for a specific contract or grant in two situations. For contracts, after a final decision under section 8102(b)(1), the agency head must find that stopping payments, ending the contract, or blocking the contractor would seriously disrupt the agency’s work and hurt the federal government or the public. For grants, the agency head may waive those actions if ending the grant or debarment would not be in the public interest. The agency head cannot give this waiver power to anyone else.

Full Legal Text

Title 41, §8105

Public Contracts, Source: USLM XML via OLRC

(a)In General.—
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)Waiver Authority May Not Be Delegated.—
The authority of the head of an agency under this section to waive a suspension, termination, or debarment shall not be delegated.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

41 U.S.C. § 8105

Title 41, Public Contracts

Last Updated

Sep 22, 2026

Release point: 119-110