10 U.S.C. § 4751

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

Amendments

Pub. L. 116–283, § 1864(b)section 2310 of this title2021—, renumbered as this section.

Pub. L. 116–283, § 1864(c)(1)Subsec. (a). , substituted “made under any chapter 137 legacy provision” for “made under this chapter”.

Pub. L. 116–283, § 1864(c)(2)Subsec. (b). , substituted “section 3531(a), 3803, or 3841(c)(2)(B)” for “section 2306(g)(1), 2307(d), or 2313(c)(2)(B)”.

Pub. L. 103–3551994— 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—

section 2306(c) of this title“(1) clearly indicate why the type of contract selected under 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;

section 2306(g)(1) of this title“(2) support the findings required by ;

section 2307(c) of this title“(3) clearly indicate why advance payments under would be in the public interest; or

section 2313(b) of this title“(4) clearly indicate why the application of 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.”

Pub. L. 99–1451985—Subsec. (a). inserted “this” after “2305 of”.

Pub. L. 98–369, § 2725(1)1984—Subsec. (a). , 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,”.

Pub. L. 98–369, § 2725(2)Subsec. (b). , amended subsec. (b) generally, striking out requirement that determinations to negotiate contracts be based on written findings by the contracting officers making the determinations.

Pub. L. 90–3781968—Subsec. (b). 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.

Pub. L. 89–6071966—Subsec. (b). inserted reference to section 2313(c), added cl. (4), and redesignated former cl. (4) as (5).

Pub. L. 87–6531962—Subsec. (b). 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.

Pub. L. 85–8001958—Subsec. (b). substituted “2307(c)” for “2307(a)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

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

Effective Date of 1994 Amendment

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

Effective Date of 1984 Amendment

Pub. L. 98–369, div. B, title VII, § 2751July 18, 198498 Stat. 1203

Effective Date of 1962 Amendment

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