10 U.S.C. § 2872b — Treatment of breach of contract
submitted 7 years ago by Pub. L. 116-92 to r/title-10-ARMED-FORCES · 118 words · no verdicts yet
This section tells the concerned Secretary how to respond when a party materially breaches a contract. If the breach is not timely cured, the Secretary may rescind the contract and bar further contracts or expansions.
(a) Response to Material Breach .— In the case of a material breach of contract* under this subchapter by a party to the contract, the Secretary concerned* must use the authorities available to the Secretary, including withholding amounts to be paid under the contract, to encourage the party to cure the breach. (b) Rescinding of Contract .— If a material breach of the contract is not cured in a timely manner, as determined by the Secretary concerned, the Secretary can— (1) rescind the contract under the terms of the contract; and (2) prohibit the offending party from entering into a new contract or undertaking expansions of other existing contracts, or both, with the Secretary under this subchapter.
In the case of a material breach of contract* under this subchapter by a party to the contract, the Secretary concerned* shall use the authorities available to the Secretary, including withholding amounts to be paid under the contract, to encourage the party to cure the breach.
If a material breach of the contract is not cured in a timely manner, as determined by the Secretary concerned, the Secretary may—
rescind the contract pursuant to the terms of the contract; and
prohibit the offending party from entering into a new contract or undertaking expansions of other existing contracts, or both, with the Secretary under this subchapter.
Source credit: (Added Pub. L. 116–92, div. B, title XXX, § 3033(a), Dec. 20, 2019, 133 Stat. 1936.)
- 2019Enacted · Pub. L. 116-92 · 133 Stat. 1936
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-92 on 2019-12-20.
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