41 USC § 8105 - Waiver

---
identifier: "/us/usc/t41/s8105"
source: "usc"
legal_status: "official_legal_evidence"
title: "41 USC § 8105 - Waiver"
title_number: 41
title_name: "PUBLIC CONTRACTS"
section_number: "8105"
section_name: "Waiver"
chapter_number: 81
chapter_name: "DRUG-FREE WORKPLACE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3830.)"
---


# § 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.

---

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

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