republic-os/legal/us/code/title-10/chapter-367/section-4751.md

type, title, description, jurisdiction, corpus, kind, title_number, title_name, chapter_number, chapter_name, section, citation, status, release_point, release_date, source, source_url, source_identifier, source_file, source_hash, raw_snapshot_hash, text_hash, retrieved_at, confidence, tags

type	title	description	jurisdiction	corpus	kind	title_number	title_name	chapter_number	chapter_name	section	citation	status	release_point	release_date	source	source_url	source_identifier	source_file	source_hash	raw_snapshot_hash	text_hash	retrieved_at	confidence	tags
LegalText	10 U.S.C. § 4751	Determinations and decisions	us	united_states_code	code_section	10	ARMED FORCES	367	OTHER ADMINISTRATIVE MATTERS	4751	10 U.S.C. § 4751	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip	/us/usc/t10/s4751	data/legal/raw/us/code/title-10/usc10.xml	9385275ae678357e902235cc07927a1deec1e198cb34b0a774843e83bfca0f5a	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	f60bbc75b88246f71d4c1897419abf5c97d4d009a7620baa3adceb36f5f8ff45	2026-07-04	official	legal us-code

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

Text

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 132, § 2310; 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; renumbered § 4751 and amended Pub. L. 116–283, div. A, title XVIII, § 1864(b), (c), Jan. 1, 2021, 134 Stat. 4279.)

Notes

Historical and Revision Notes Revised sectionSource (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.

Editorial Notes

Amendments2021—Pub. L. 116–283, § 1864(b), renumbered section 2310 of this title as this section. Subsec. (a). Pub. L. 116–283, § 1864(c)(1), substituted “made under any chapter 137 legacy provision” for “made under this chapter”. Subsec. (b). Pub. L. 116–283, § 1864(c)(2), substituted “section 3531(a), 3803, or 3841(c)(2)(B)” for “section 2306(g)(1), 2307(d), or 2313(c)(2)(B)”. 1994—Pub. L. 103–355 amended 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. 99–145 inserted “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. 90–378 inserted “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. 89–607 inserted reference to section 2313(c), added cl. (4), and redesignated former cl. (4) as (5). 1962—Subsec. (b). Pub. L. 87–653 substituted “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. 85–800 substituted “2307(c)” for “2307(a)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date of 1994 AmendmentFor effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of this title.

Effective Date of 1984 AmendmentPub. L. 98–369, div. B, title VII, § 2751, July 18, 1984, 98 Stat. 1203, provided that: “(a) Except as provided in subsection (b), the amendments made by this title [see Tables for classification] shall apply with respect to any solicitation for bids or proposals issued after March 31, 1985. “(b) The amendments made by section 2713 [amending section 759 of former Title 40, Public Buildings, Property, and Works, and enacting provisions set out as a note under section 759 of former Title 40] and subtitle D [enacting sections 3551 to 3556 of Title 31, Money and Finance] shall apply with respect to any protest filed after January 14, 1985.”

Effective Date of 1962 AmendmentFor effective date of amendment by Pub. L. 87–653, see section 1(h) of Pub. L. 87–653, set out as a note under section 3065 of this title.