Title 41, Public ContractsRelease 119-110

§4701 Determinations and Decisions

Title 41 › Subtitle I — Federal Procurement Policy › CHAPTER 47 — MISCELLANEOUS › § 4701

Last updated Sep 22, 2026|Official source

Summary

Agency heads and the General Services Administrator can make required buying and contracting decisions for a single purchase or for a whole class of similar purchases, unless another law stops them or the decision falls under sections 3105, 3301, 3303–3305, 3306(a)–(e), 3308, chapter 37, or section 4702. An agency head may also let other officials make these decisions, unless section 3304(a)(7) or GSA rules in section 121(d)(1) and (2) say they cannot. Those decisions are final. For decisions under sections 3901, 3905, 4503, and 4706(d)(2)(B), the person making the decision must write a short finding. Findings for 4503 and 4706(d)(2)(B) must list the facts and circumstances that support the decision. These findings are final, and the agency must keep a copy for at least 6 years from the decision date.

Full Legal Text

Title 41, §4701

Public Contracts, Source: USLM XML via OLRC

(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 section 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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 470141:257.June 30, 1949, ch. 288, title III, § 307, 63 Stat. 396; Pub. L. 85–800, § 5, Aug. 28, 1958, 72 Stat. 967; Pub. L. 89–343, §§ 3, 4, Nov. 8, 1965, 79 Stat. 1303; Pub. L. 98–369, title VII, § 2714(a)(4), July 18, 1984, 98 Stat. 1184; Pub. L. 104–106, title XLIII, § 4321(e)(6), Feb. 10, 1996, 110 Stat. 675; Pub. L. 104–316, title I, § 121(c), Oct. 19, 1996, 110 Stat. 3836. 41:262.June 30, 1949, ch. 288, title III, § 312, as added Pub. L. 103–355, title I, § 1553, Oct. 13, 1994, 108 Stat. 3300.

Reference

Citations & Metadata

Citation

41 U.S.C. § 4701

Title 41, Public Contracts

Last Updated

Sep 22, 2026

Release point: 119-110