§4701 Determinations and decisions

Summary

Agency heads or the Administrator of General Services must make the required procurement decisions and can do so for one purchase or contract at a time. They may also make a single decision that covers a whole class of similar purchases or contracts, unless another law bars that or the decision falls under these specific items: sections 3105, 3301, 3303–3305, 3306(a)–(e), 3308, chapter 37, or section 4702. The agency head can choose to give these decision powers to other officials, unless limited by section 3304(a)(7) or, for the GSA Administrator, by section 121(d)(1) and (2) of title 40. Such determinations and decisions are final. Decisions made under sections 3901, 3905, 4503, or 4706(d)(2)(B) must be supported by a written finding by the person who made them. Findings under 4503 or 4706(d)(2)(B) must list the facts and circumstances that support the choice. Those findings are final. The head of an executive agency must keep a copy of each such finding for at least 6 years, starting on the date of the related decision.