§ 4751. Determinations and decisions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 132, § 2310 · 70A Stat. 132

   Enacted · 10 U.S.C. § 4751

   Aug. 10, 1956, ch. 1041, 70A Stat. 132, § 2310

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 132, § 2310

2. 1958

   Pub. L. 85–800 § 10 · 72 Stat. 966

   Substituted · 10 U.S.C. § 4751(b)

   Pub. L. 85–800 substituted “2307(c)” for “2307(a)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 85–800 substituted “2307(c)” for “2307(a)”.

   Enacted provision · exact public law section
   Sec. 10. Section 2310 (b) of title 10 or the United States Code is 70A Stat. 132. amended by striking out “2307 (a)” and substituting therefor “2307 (c)”.

3. 1962

   Pub. L. 87–653 § 1(f) · 76 Stat. 528

   Substituted · 10 U.S.C. § 4751(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

   Source evidence

   Code amendment note
   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.

4. 1966

   Pub. L. 89–607 § 1(1) · 80 Stat. 850

   1. Inserted · 10 U.S.C. § 4751(b)

      Pub. L. 89–607 inserted reference to section 2313(c)

   2. Added · 10 U.S.C. § 4751(b)

      Pub. L. 89–607 added cl. (4)

   3. Redesignated · 10 U.S.C. § 4751(b)

      Pub. L. 89–607 redesignated former cl. (4) as (5)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–607 inserted reference to section 2313(c), added cl. (4), and redesignated former cl. (4) as (5).

   Enacted provision · exact public law section
   (1) Section 2310(b) is amended— (A) by striking out the words “or section 2307(c)” and inserting the words “section 2307(c), or section 2313(c)” in place thereof; and (B) by striking out the words “or (4)” and inserting the words “(4) clearly indicate why the application of section 2313(b) to a contract or subcontract with a foreign contractor or foreign subcontractor would not be in the public interest, or (5)”.

5. 1968

   Pub. L. 90–378 § 2 · 82 Stat. 289

   1. Inserted · 10 U.S.C. § 4751(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,”

   2. Redesignated · 10 U.S.C. § 4751(b)

      Pub. L. 90–378 redesignated former cls. (3) to (5) as (4) to (6), respectively

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 2. Section 2310(b) of title 10, United States Code, is amended— (A) by inserting “section 2306(g)(1),” after the words “section 2306(c),” after the first time those words appear; (B) by inserting after “(3)” the words “support the findings required by section 2306(g)(1), (4)”; (C) by striking out “(4)” and inserting in place thereof “(5)”, and (D) by striking out “(5)” and inserting in place thereof “(6).”

6. 1984

   Competition in Contracting Act of 1984

   Pub. L. 98–369 § 2725(1) · 98 Stat. 494

   Inserted · 10 U.S.C. § 4751(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,”

   Source evidence

   Code amendment note
   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,”.

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by inserting “, except for determinations and decisions under section 2304 or 2305 of title,” in the first sentence after “contract or”; and (B) by inserting “, including a determination or decision under section 2304 or 2305 of this title,” in the second sentence after “decision”; and.

7. 1984

   Competition in Contracting Act of 1984

   Pub. L. 98–369 § 2725(2) · 98 Stat. 494

   1. Amended · 10 U.S.C. § 4751(b)

      Pub. L. 98–369, § 2725(2), amended subsec. (b) generally

   2. Struck · 10 U.S.C. § 4751(b)

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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) by striking out subsection (b) and inserting in lieu thereof the following: “(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 23C6(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.”.

8. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 title XIII § 1303(a)(16) · 99 Stat. 583

   Inserted · 10 U.S.C. § 4751(a)

   Pub. L. 99–145 inserted “this” after “2305 of”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–145 inserted “this” after “2305 of”.

   Enacted provision · exact public law section
   (16) Section 2310 is amended by inserting “this” after “2305 of’.

9. 1994

   Pub. L. 103–355 title I § 1504 · 108 Stat. 3243

   Amended · 10 U.S.C. § 4751

   Pub. L. 103–355 amended section generally. Prior to amendment, section read as follows:

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SEC. 1504. DETERMINATIONS AND DECISIONS. Section 2310 of title 10, United States Code, is amended to read as follows: “§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.”.

10. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1864(b) · 134 Stat. 3388

    Changed · 10 U.S.C. § 4751

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

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1864(b), renumbered section 2310 of this title as this section.

    Enacted provision · exact public law section
    (b) Transfer of Title 10 Sections.— Sections 2310, 2312, 2384, and 2784 of title 10, United States Code, are transferred to chapter 367 of such title, as amended by subsection (a), inserted (in that order) after the table of sections, and redesignated as sections 4751, 4752, 4753, and 4754, respectively.

    Effective date note
    Amendment 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.

11. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1864(c)(1) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 4751(a)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “made under this chapter” and inserting “made under any chapter 137 legacy provision”; and

    Effective date note
    Amendment 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.

12. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1864(c)(2) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 4751(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)”

    Source evidence

    Code amendment note
    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)”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “section 2306(g)(1), 2307(d), or 2313(c)(2)(B)” and inserting “section 3531(a), 3803, or 3841(c)(2)(B)”.

    Effective date note
    Amendment 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.

14 of 16 references resolved to an enrolled provision · 2 partial