---
kind: "section"
citation: "41 U.S.C. § 8105"
title: "41"
title_heading: "Public Contracts"
number: "8105"
heading: "Waiver"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/41/8105"
units:
  - "Subtitle IV — Miscellaneous"
  - "Chapter 81 — Drug-Free Workplace"
---

# §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](/usc/41/8101.md?p=a-1) or [grantee](/usc/41/8101.md?p=a-8) 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](/usc/41/8102.md?p=b-1), after a final determination is issued under [section 8102(b)(1)](/usc/41/8102.md?p=b-1), that suspension of payments, termination of the contract, suspension or debarment of the [contractor](/usc/41/8101.md?p=a-1), or refusal to permit a [person](/usc/41/8701.md?p=3) 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](/usc/41/8501.md?p=4) 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](/usc/41/8101.md?p=a-8) 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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>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. |