41 U.S.C. § 8105 — Waiver
submitted 15 years ago by Pub. L. 111-350 to r/title-41-PUBLIC-CONTRACTS · 186 words · no verdicts yet
An agency head can waive a suspension, contract or grant termination, or debarment under this chapter for a specific contract or grant. For a contract, that requires finding that ending it would badly disrupt the agency; for a grant, that ending it wouldn't serve the public interest. This waiver power can't be delegated to anyone else.
(a) The head of a federal agency* can waive — meaning cancel — a suspension of payments, a contract or grant termination, or a suspension or debarment of a contractor* or grantee* under this chapter, for one particular contract or grant, if: for a contract, the agency head decides, after a final determination is issued under section 8102(b)(1), that suspending payments, ending the contract, suspending or barring the contractor, or refusing to treat someone as a responsible source would severely disrupt the agency's work to the detriment of the government or the public; or, for a grant, the agency head decides that suspending payments, ending the grant, or suspending or barring the grantee would not serve the public interest.
(b) The agency head's authority to waive a suspension, termination, or debarment under this section cannot be delegated to anyone else.
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—
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
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.
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.)
- 2011Enacted · Pub. L. 111-350 · 124 Stat. 3830
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-350 on 2011-01-04.
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