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41 U.S.C. § 4701 — Determinations and decisions
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4702&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/a/7&num=0&edition=prelim), 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) **Final
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Source location: Title 41, Chapter 47, § 4701; chapter-047-chapter-47.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4702&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/a/7&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section, the term “proposal” means a proposal, including a technical, management, or cost proposal, submitted by a contractor in response to the requirements of a solicitation for a competitive proposal.
**(b) Prohibition.—** A proposal in the possession or control of an executive agency may not be made available to any person under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim).
**(c) Nonapplication.—** Subsection (b) does not apply to a proposal that is set forth or incorporated by reference in a contract entered into between the agency and the contractor that submitted the proposal.
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Federal law — U.S. Code and appendices · legal_authorities
Page 138
TITLE 41—PUBLIC CONTRACTS
§ 4701
in connection with the decision, shall be pre-
pared and be retained in the files of the execu-
tive agency.
(f) NOTICE.—The head of each executive agency
shall prescribe procedures to ensure that, before
the head of the executive agency decides to re-
duce or suspend payments in the case of a con-
tractor under subsection (c), the contractor is
afforded notice of the proposed reduction or sus-
pension and an opportunity to submit matters
to the executive agency in response to the pro-
posed reduction or suspension.
(g) REVIEW.—Not later than 180 days after the
date on which the head of an executive agency
reduces or suspends payments to a contractor
under subsection (c), the remedy coordination
official of the executive agency shall—
(1) review the determination of fraud on
which the reduction or suspension is based;
and
(2) transmit a recommendation to the head
of the executive agency whether the suspen-
sion or reduction should continue.
(h) REPORT.—The head of each executive agen-
cy who receives recommendations made by the
remedy coordination official of the executive
agency to reduce or suspend payments under
subsection (c) during a fiscal year shall prepare
for that year a report that contains the rec-
ommendations, the actions taken on the rec-
ommendations and the reasons for those ac-
tions, and an assessment of the effects of those
actions on the Federal Government. The report
shall be available to any Member of Congress on
request.
(i) RESTRICTION ON DELEGATION.—The head of
an executive agency may not delegate respon-
sibilities under this section to an individual in a
position below level IV of the Executive Sched-
ule.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3792.)
HISTORICAL AND REV
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