2014 US Code
Title 41 - Public Contracts (Sections 101 - 8707)
Subtitle IV - Miscellaneous (Sections 8101 - 8707)
Chapter 81 - Drug-Free Workplace (Sections 8101 - 8106)
Sec. 8105 - Waiver

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 2, Title 41 - PUBLIC CONTRACTS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 41 - PUBLIC CONTRACTS
Subtitle IV - Miscellaneous
CHAPTER 81 - DRUG-FREE WORKPLACE
Sec. 8105 - Waiver
Containssection 8105
Date2014
Laws In Effect As Of DateJanuary 5, 2015
Positive LawYes
Dispositionstandard
Source CreditPub. L. 111-350, §3, Jan. 4, 2011, 124 Stat. 3830.
Statutes at Large References102 Stat. 4307
124 Stat. 3830
Public and Private LawsPublic Law 100-690, Public Law 111-350

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41 U.S.C. § 8105 (2014)
§8105. Waiver

(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.

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3830.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
8105 41:704. Pub. L. 100–690, title V, §5155, Nov. 18, 1988, 102 Stat. 4307.

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