10 U.S.C. § 2872b

Current through P.L. 117-47 (published on www.congress.gov on 10/08/2021")
Section 2872b - Treatment of breach of contract
(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 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.
(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 may-
(1) rescind the contract pursuant to 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.

10 U.S.C. § 2872b

Added Pub. L. 116-92, div. B, title XXX, §3033(a), Dec. 20, 2019, 133 Stat. 1936.
Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.