2017 US Code
Title 41 - Public Contracts
Subtitle IV - Miscellaneous
Chapter 81 - Drug-Free Workplace
Sec. 8105 - Waiver

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Citation 41 U.S.C. § 8105 (2017)
Section Name §8105. Waiver
Section Text

(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.

Source Credit

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

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
8105 41:704. Pub. L. 100–690, title V, §5155, Nov. 18, 1988, 102 Stat. 4307.
Publication Title United States Code, 2012 Edition, Supplement 5, Title 41 - PUBLIC CONTRACTS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 41 - PUBLIC CONTRACTS
Subtitle IV - Miscellaneous
CHAPTER 81 - DRUG-FREE WORKPLACE
Sec. 8105 - Waiver
Contains section 8105
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 102 Stat. 4307
124 Stat. 3830
Public Law References Public Law 100-690, Public Law 111-350
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