§4701 Determinations and Decisions

Summary

Agency heads must make certain required decisions about purchases and contracts. They can make a decision for one purchase or, unless specifically excluded, for a whole class of purchases. The rule does not allow class decisions for matters covered by sections 3105, 3301, 3303–3305, 3306(a)–(e), 3308, chapter 37, or section 4702, or when another law forbids it. Agency heads can also choose to give most of these decision powers to other agency officials, but not where limited by section 3304(a)(7) or by section 121(d)(1) and (2) of title 40 for the Administrator of General Services. Those determinations and decisions are final. Decisions under sections 3901, 3905, 4503, or 4706(d)(2)(B) must be based on a written finding. Findings for decisions under 4503 and 4706(d)(2)(B) must list the facts and circumstances that support the decision. Those findings are final. Each agency head must keep a copy of those findings for at least 6 years from the decision date.