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41 U.S.C. § 4701 — Determinations and decisions

submitted 15 years ago by Pub. L. 111-350 to r/title-41-PUBLIC-CONTRACTS · 324 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section allows certain agency determinations and decisions to cover one purchase or contract or, except in listed cases, a class of purchases or contracts. It also requires written findings for specified decisions and requires agencies to keep copies of those findings for at least six years.

(a) Individual or Class Determinations and Decisions Authorized.— (1) In general .— Determinations and decisions required to be made under this division by the head of an executive agency or provided in this division or chapters 1 to 11 of title 40 to be made by the Administrator of General Services or other agency head may be made for an individual purchase or contract or, except for determinations or decisions made under sections 3105, 3301, 3303 to 3305, 3306(a)–(e), and 3308, chapter 37, and section 4702 of this title or to the extent expressly prohibited by another law, for a class of purchases or contracts. (2) Delegation .— Except as provided in section 3304(a)(7) of this title , and except as provided in section 121(d)(1) and (2) of title 40 with respect to the Administrator of General Services, the agency head, in the discretion and subject to the direction of the agency head, may delegate powers provided by this division or chapters 1 to 11 of title 40, including the making of determinations and decisions described in paragraph (1), to other officers or officials of the agency. (3) Finality .— The determinations and decisions are final. (b) Written Findings.— (1) Basis for certain determinations .— Each determination or decision under section 3901, 3905, 4503, or 4706(d)(2)(B) of this title must be based on a written finding by the individual making the determination or decision. A finding under section 4503 or 4706(d)(2)(B) must set out facts and circumstances that support the determination or decision. (2) Finality .— Each finding referred to in paragraph (1) is final. (3) Maintaining copies of findings .— The head of an executive agency must maintain for a period of not less than 6 years a copy of each finding referred to in paragraph (1) that is made by an individual in that executive agency. The period begins on the date of the determination or decision to which the finding relates.

the actual law source: uscode.house.gov ↗public domain
(a)Individual or Class Determinations and Decisions Authorized.—
(1)In general.—

Determinations and decisions required to be made under this division by the head of an executive agency or provided in this division or chapters 1 to 11 of title 40 to be made by the Administrator of General Services or other agency head may be made for an individual purchase or contract or, except for determinations or decisions made under sections 3105, 3301, 3303 to 3305, 3306(a)–(e), and 3308, chapter 37, and section 4702 of this title or to the extent expressly prohibited by another law, for a class of purchases or contracts.

(2)Delegation.—

Except as provided in section 3304(a)(7) of this title, and except as provided in section 121(d)(1) and (2) of title 40 with respect to the Administrator of General Services, the agency head, in the discretion and subject to the direction of the agency head, may delegate powers provided by this division or chapters 1 to 11 of title 40, including the making of determinations and decisions described in paragraph (1), to other officers or officials of the agency.

(3)Finality.—

The determinations and decisions are final.

(b)Written Findings.—
(1)Basis for certain determinations.—

Each determination or decision under section 3901, 3905, 4503, or 4706(d)(2)(B) of this title shall be based on a written finding by the individual making the determination or decision. A finding under section 4503 or 4706(d)(2)(B) shall set out facts and circumstances that support the determination or decision.

(2)Finality.—

Each finding referred to in paragraph (1) is final.

(3)Maintaining copies of findings.—

The head of an executive agency shall maintain for a period of not less than 6 years a copy of each finding referred to in paragraph (1) that is made by an individual in that executive agency. The period begins on the date of the determination or decision to which the finding relates.

Source credit: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3793.)

history & why it existsrecord from the source credit
  • 2011Enacted · Pub. L. 111-350 · 124 Stat. 3793

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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