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10 U.S.C. § 4751 — Determinations and decisions

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4751 — Determinations and decisions

**(a) Individual or Class Determinations and Decisions Authorized.—** Determinations and decisions required to be made under any chapter 137 legacy provision 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 3531(a), 3803, or 3841(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.

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Stable record: federal_law:legal_authorities:record_usc_d88ca512ca12ee3ede03aae6
Source file: Laws/federal/codes/united-states-code/title-10/section-4751-determinations-and-decisions--4a0f6a770d.md
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Passage SHA-256: 603f37b6b810f6b4770eac737d882c14457464b935a1185ca3a7e5c4cbadf127

Source location: Title 10, Chapter 367, § 4751; chapter-367-other-administrative-matters.md

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**(a) Individual or Class Determinations and Decisions Authorized.—** Determinations and decisions required to be made under any chapter 137 legacy provision 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 3531(a), 3803, or 3841(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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2310 — Renumbered § 4751]

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8752 — Contracts for research

**(a)** The Secretary of the Navy and, by direction of the Secretary, the Chief of Naval Research and the chiefs of bureaus may, without advertising, make contracts or amendments or modifications of contracts for services and materials necessary to conduct research and to make or secure reports, tests, models, or apparatus. A contractor supplying such services or materials need not be required to furnish a bond. **(b)** This section does not authorize the use of the cost-plus-a-percentage-of-cost system of contracting.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3065 — Assignment and delegation of procurement functions and responsibilities: delegation within agency

Except to the extent expressly prohibited by another provision of law, the head of an agency may delegate, subject to his direction, to any other officer or official of that agency, any power under any provision of this part that is a chapter 137 legacy provision.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2343 — Waiver of applicability of certain laws

Sections 4651, 3201, 3351, 3352(a), 3352(c), 3701 through 3708, and 3841 of this title and [section 6306 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6306&num=0&edition=prelim) shall not apply to acquisitions made under the authority of [section 2341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2341&num=0&edition=prelim) or to agreements entered into under [section 2342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2342&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2343

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2669 — Printing and binding outside continental United States; settlement and payment of claims by foreign governments; employment of aliens; official functions and courtesies; purchase of uniforms; payment of tort claims; payment of assumed obligations in Germany; telecommunications services; security; special purpose passenger motor vehicles; pay obligations arising under international conventions or contracts; personal service contracts

The Secretary of State may use funds appropriated or otherwise available to the Secretary to— **(a)** provide for printing and binding outside the States of the United States and the District of Columbia without regard to [section 501 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section501&num=0&edition=prelim); **(b)** for the purpose of promoting and maintaining friendly relations with foreign countries through the prompt settlement of certain claims, settle and pay any meritorious claim against the United States which is presented by a government of a foreign country for damage to or loss of real or personal property of, or personal injury to or death of, any national of such foreign country: Provided, That such claim is not cognizable under any other statute or international agreement of the United States and can be settled for not more than $15,000 or the foreign currency equivalent thereof; **(c)** employ individuals or organizations, by contract, for services abroad, and individuals employed by contract to perform such services shall not by virtue of such employment be considered to be employees of the United States Government for purposes of any law administered by the Office of Personnel Management (except that the Secretary may determine the applicability to such individuals of subsection (f) and of any other law administered by the Secretary concerning the employment of such individuals abroad); and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States; **(d)** provide for official

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2669

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3552 — Protests by interested parties concerning procurement actions

**(a)** A protest concerning an alleged violation of a procurement statute or regulation shall be decided by the Comptroller General if filed in accordance with this subchapter. **(b)** (1) In the case of an agency tender official who is an interested party under [section 3551(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3551/2/B&num=0&edition=prelim), the official may file a protest in connection with the public-private competition for which the official is an interested party. At the request of a majority of the employees of the Federal agency who are engaged in the performance of the activity or function subject to such public-private competition, the official shall file a protest in connection with such public-private competition unless the official determines that there is no reasonable basis for the protest. (2) The determination of an agency tender official under paragraph (1) whether or not to file a protest is not subject to administrative or judicial review. An agency tender official shall provide written notification to Congress whenever the official makes a determination under paragraph (1) that there is no reasonable basis for a protest.

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3552

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3553 — Review of protests; effect on contracts pending decision

**(a)** Under procedures prescribed under [section 3555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3555&num=0&edition=prelim), the Comptroller General shall decide a protest submitted to the Comptroller General by an interested party. **(b)** (1) Within one day after the receipt of a protest, the Comptroller General shall notify the Federal agency involved of the protest. (2) Except as provided in paragraph (3) of this subsection, a Federal agency receiving a notice of a protested procurement under paragraph (1) of this subsection shall submit to the Comptroller General a complete report (including all relevant documents) on the protested procurement— (A) within 30 days after the date of the agency’s receipt of that notice; (B) if the Comptroller General, upon a showing by the Federal agency, determines (and states the reasons in writing) that the specific circumstances of the protest require a longer period, within the longer period determined by the Comptroller General; or (C) in a case determined by the Comptroller General to be suitable for the express option under [section 3554(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3554/a/2&num=0&edition=prelim), within 20 days after the date of the Federal agency’s receipt of that determination. (3) A Federal agency need not submit a report to the Comptroller General pursuant to paragraph (2) of this subsection if the agency is sooner notified by the Comptroller General that the protest concerned has been dismissed under [section 3554(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3554/a/4&num=0&edition=prelim). **(c)** (1) Except as provided in paragraph (2) of

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3553

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3554 — Decisions on protests

**(a)** (1) To the maximum extent practicable, the Comptroller General shall provide for the inexpensive and expeditious resolution of protests under this subchapter. Except as provided under paragraph (2) of this subsection, the Comptroller General shall issue a final decision concerning a protest within 100 days after the date the protest is submitted to the Comptroller General. (2) The Comptroller General shall, by regulation prescribed pursuant to [section 3555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3555&num=0&edition=prelim), establish an express option for deciding those protests which the Comptroller General determines suitable for resolution within 65 days after the date the protest is submitted. (3) An amendment to a protest that adds a new ground of protest, if timely made, should be resolved, to the maximum extent practicable, within the time limit established under paragraph (1) of this subsection for final decision of the initial protest. If an amended protest cannot be resolved within such time limit, the Comptroller General may resolve the amended protest through the express option under paragraph (2) of this subsection. (4) The Comptroller General may dismiss a protest that the Comptroller General determines is frivolous or which, on its face, does not state a valid basis for protest. **(b)** (1) With respect to a solicitation for a contract, or a proposed award or the award of a contract, protested under this subchapter, the Comptroller General may determine whether the solicitation, proposed award, or award complies with statute and regulation. If the Comptroller General determines that the solicitation, proposed award, or award does not comply with a statute or regulation, the Comptroller Gener

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3554

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3555 — Regulations; authority of Comptroller General to verify assertions

**(a)** The Comptroller General shall prescribe such procedures as may be necessary to the expeditious decision of protests under this subchapter, including procedures for accelerated resolution of protests under the express option authorized by [section 3554(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3554/a/2&num=0&edition=prelim). Such procedures shall provide that the protest process may not be delayed by the failure of a party to make a filing within the time provided for the filing. **(b)** The procedures shall provide that, in the computation of any period described in this subchapter— (1) the day of the act, event, or default from which the designated period of time begins to run not be included; and (2) the last day after such act, event, or default be included, unless— (A) such last day is a Saturday, a Sunday, or a legal holiday; or (B) in the case of a filing of a paper at the Government Accountability Office or a Federal agency, such last day is a day on which weather or other conditions cause the closing of the Government Accountability Office or Federal agency, in which event the next day that is not a Saturday, Sunday, or legal holiday shall be included. **(c) Electronic Filing and Document Dissemination System.—** (1) **Establishment and operation of system.—** — The Comptroller General shall establish and operate an electronic filing and document dissemination system under which, in accordance with procedures prescribed by the Comptroller General— (A) a person filing a protest under this subchapter may file the protest through electronic means; and (B) all documents and information required with respect to the protest may be disseminated and made available to the parties to the prote

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3555

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