10 U.S. Code § 2310 - Determinations and decisions

(a) Individual or Class Determinations and Decisions Authorized.— Determinations and decisions required to be made under this chapter by the head of an agency may be made for an individual purchase or contract or, except to the extent expressly prohibited by another provision of law, for a class of purchases or contracts. Such determinations and decisions are final.
(b) Written Findings Required.—
(1) Each determination or decision under section 2306 (g)(1), 2307 (d), or 2313 (c)(2)(B) of this title shall be based on a written finding by the person making the determination or decision. The finding shall set out facts and circumstances that support the determination or decision.
(2) Each finding referred to in paragraph (1) is final. The head of the agency making such finding shall maintain a copy of the finding for not less than 6 years after the date of the determination or decision.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 132; Pub. L. 85–800, § 10,Aug. 28, 1958, 72 Stat. 967; Pub. L. 87–653, § 1(f),Sept. 10, 1962, 76 Stat. 529; Pub. L. 89–607, § 1(1),Sept. 27, 1966, 80 Stat. 850; Pub. L. 90–378, § 2,July 5, 1968, 82 Stat. 290; Pub. L. 98–369, div. B, title VII, § 2725,July 18, 1984, 98 Stat. 1193; Pub. L. 99–145, title XIII, § 1303(a)(16),Nov. 8, 1985, 99 Stat. 739; Pub. L. 103–355, title I, § 1504,Oct. 13, 1994, 108 Stat. 3297.)

Historical and Revision Notes
Revised section Source (U.S. Code) Source (Statutes at Large)
2310(a)
2310(b) 41:156(a) (1st sentence).
41:156(c). Feb. 19, 1948, ch. 65, § 7(a) (1st sentence), (c), 62 Stat. 24.

In subsection (a), the words “required * * * under” are substituted for the words “provided in”.
In subsection (b), the word “person” is substituted for the word “official”. The words “to which it applies” are inserted for clarity.
Amendments

1994—Pub. L. 103–355amended section generally. Prior to amendment, section read as follows:
“(a) Determinations and decisions required to be made under this chapter by the head of an agency may be made for an individual purchase or contract or, except for determinations and decisions under section 2304 or 2305 of this title, for a class of purchases or contracts. Such a determination or decision, including a determination or decision under section 2304 or 2305 of this title, is final.
“(b) Each determination or decision under section 2306 (c), 2306 (g)(1), 2307 (c), or 2313 (c) of this title shall be based on a written finding by the person making the determination or decision, which finding shall set out facts and circumstances that—
“(1) clearly indicate why the type of contract selected under section 2306 (c) of this title is likely to be less costly than any other type or that it is impracticable to obtain property or services of the kind or quality required except under such a contract;
“(2) support the findings required by section 2306 (g)(1) of this title;
“(3) clearly indicate why advance payments under section 2307 (c) of this title would be in the public interest; or
“(4) clearly indicate why the application of section 2313 (b) of this title to a contract or subcontract with a foreign contractor or foreign subcontractor would not be in the public interest.
Such a finding is final and shall be kept available in the agency for at least six years after the date of the determination or decision. A copy of the finding shall be submitted to the General Accounting Office with each contract to which it applies.”
1985—Subsec. (a). Pub. L. 99–145inserted “this” after “2305 of”.
1984—Subsec. (a). Pub. L. 98–369, § 2725(1), inserted “, except for determinations and decisions under section 2304 or 2305 of title,” and “, including a determination or decision under section 2304 or 2305 of this title,”.
Subsec. (b). Pub. L. 98–369, § 2725(2), amended subsec. (b) generally, striking out requirement that determinations to negotiate contracts be based on written findings by the contracting officers making the determinations.
1968—Subsec. (b). Pub. L. 90–378inserted “section 2306 (g)(1),” after “clauses (11)–(16) of section 2304 (a), section 2306(c),”, and “(3) support the findings required by section 2306 (g)(1),” after “kind or quality required except under such a contract,”, and redesignated former cls. (3) to (5) as (4) to (6), respectively.
1966—Subsec. (b). Pub. L. 89–607inserted reference to section 2313 (c), added cl. (4), and redesignated former cl. (4) as (5).
1962—Subsec. (b). Pub. L. 87–653substituted “section 2306 (c)” for “section 2306”, required decisions to negotiate contracts under section 2304 (a)(2), (7), (8), (10) to (12) of this title to be based on a written finding by the person making the decision, which findings shall set out facts and circumstances illustrative of conditions described in section 2304 (a)(11) to (16), indicate why the type of contract selected under section 2306 (c) is likely to be less costly than any other or that its impracticable to obtain the required property or services except under such contract, indicate why advance payments under section 2307 (c) would be in the public interest, or establish with respect to section 2304 (a), (2), (7), (8), (10) to (12) that formal advertising would not have been feasible and practicable.
1958—Subsec. (b). Pub. L. 85–800substituted “2307(c)” for “2307(a)”.
Effective Date of 1994 Amendment

For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 ofPub. L. 103–355, set out as a note under section 2302 of this title.
Effective Date of 1984 Amendment

Amendment by Pub. L. 98–369applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 ofPub. L. 98–369, set out as a note under section 2302 of this title.
Effective Date of 1962 Amendment

For effective date of amendment by Pub. L. 87–653, see section 1(h) ofPub. L. 87–653, set out as a note under section 2304 of this title.

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10 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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32 CFR - National Defense

32 CFR Part 272 - ADMINISTRATION AND SUPPORT OF BASIC RESEARCH BY THE DEPARTMENT OF DEFENSE

33 CFR - Navigation and Navigable Waters

33 CFR Part 210 - PROCUREMENT ACTIVITIES OF THE CORPS OF ENGINEERS

48 CFR - Federal Acquisition Regulations System

48 CFR Part 1 - FEDERAL ACQUISITION REGULATIONS SYSTEM

48 CFR Part 2 - DEFINITIONS OF WORDS AND TERMS

48 CFR Part 3 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

48 CFR Part 4 - ADMINISTRATIVE MATTERS

48 CFR Part 5 - PUBLICIZING CONTRACT ACTIONS

48 CFR Part 6 - COMPETITION REQUIREMENTS

48 CFR Part 7 - ACQUISITION PLANNING

48 CFR Part 8 - REQUIRED SOURCES OF SUPPLIES AND SERVICES

48 CFR Part 9 - CONTRACTOR QUALIFICATIONS

48 CFR Part 10 - MARKET RESEARCH

48 CFR Part 11 - DESCRIBING AGENCY NEEDS

48 CFR Part 12 - ACQUISITION OF COMMERCIAL ITEMS

48 CFR Part 13 - SIMPLIFIED ACQUISITION PROCEDURES

48 CFR Part 14 - SEALED BIDDING

48 CFR Part 15 - CONTRACTING BY NEGOTIATION

48 CFR Part 16 - TYPES OF CONTRACTS

48 CFR Part 17 - SPECIAL CONTRACTING METHODS

48 CFR Part 18 19

48 CFR Part 22 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

48 CFR Part 23 - ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

48 CFR Part 24 - PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

48 CFR Part 25 - FOREIGN ACQUISITION

48 CFR Part 26 - OTHER SOCIOECONOMIC PROGRAMS

48 CFR Part 27 - PATENTS, DATA, AND COPYRIGHTS

48 CFR Part 28 - BONDS AND INSURANCE

48 CFR Part 29 - TAXES

48 CFR Part 30 - COST ACCOUNTING STANDARDS ADMINISTRATION

48 CFR Part 31 - CONTRACT COST PRINCIPLES AND PROCEDURES

48 CFR Part 32 - CONTRACT FINANCING

48 CFR Part 33 - PROTESTS, DISPUTES, AND APPEALS

48 CFR Part 34 - MAJOR SYSTEM ACQUISITION

48 CFR Part 35 - RESEARCH AND DEVELOPMENT CONTRACTING

48 CFR Part 36 - CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

48 CFR Part 37 - SERVICE CONTRACTING

48 CFR Part 38 - FEDERAL SUPPLY SCHEDULE CONTRACTING

48 CFR Part 39 - ACQUISITION OF INFORMATION TECHNOLOGY

48 CFR Part 41 - ACQUISITION OF UTILITY SERVICES

48 CFR Part 42 - CONTRACT ADMINISTRATION AND AUDIT SERVICES

48 CFR Part 43 - CONTRACT MODIFICATIONS

48 CFR Part 44 - SUBCONTRACTING POLICIES AND PROCEDURES

48 CFR Part 45 - GOVERNMENT PROPERTY

48 CFR Part 46 - QUALITY ASSURANCE

48 CFR Part 47 - TRANSPORTATION

48 CFR Part 48 - VALUE ENGINEERING

48 CFR Part 49 - TERMINATION OF CONTRACTS

48 CFR Part 50 - EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT

48 CFR Part 51 - USE OF GOVERNMENT SOURCES BY CONTRACTORS

48 CFR Part 52 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

48 CFR Part 53 - FORMS

48 CFR Part 5433 - PROTESTS, DISPUTES AND APPEALS

 

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