§ 704. — Waiver.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC704]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 10--DRUG-FREE WORKPLACE
Sec. 704. Waiver
(a) In general
A termination, suspension of payments, or suspension or debarment
under this chapter may be waived by the head of an agency with respect
to a particular contract or grant if--
(1) in the case of a waiver with respect to a contract, the head
of the agency determines under section 701(b)(1) of this title,
after the issuance of a final determination under such section, that
suspension of payments, or termination of the contract, or
suspension or debarment of the contractor, or refusal to permit a
person to be treated as a responsible source for a contract, as the
case may be, would severely disrupt the operation of such agency to
the detriment of the Federal Government or the general public; or
(2) in the case of a waiver with respect to 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) Exclusive authority
The authority of the head of an agency under this section to waive a
termination, suspension, or debarment shall not be delegated.
(Pub. L. 100-690, title V, Sec. 5155, Nov. 18, 1988, 102 Stat. 4307.)
Section Referred to in Other Sections
This section is referred to in title 42 section 12644.
