
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2310]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                   CHAPTER 137--PROCUREMENT GENERALLY
 
Sec. 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 132; Pub. L. 85-800, Sec. 10, Aug. 
28, 1958, 72 Stat. 967; Pub. L. 87-653, Sec. 1(f), Sept. 10, 1962, 76 
Stat. 529; Pub. L. 89-607, Sec. 1(1), Sept. 27, 1966, 80 Stat. 850; Pub. 
L. 90-378, Sec. 2, July 5, 1968, 82 Stat. 290; Pub. L. 98-369, div. B, 
title VII, Sec. 2725, July 18, 1984, 98 Stat. 1193; Pub. L. 99-145, 
title XIII, Sec. 1303(a)(16), Nov. 8, 1985, 99 Stat. 739; Pub. L. 103-
355, title I, Sec. 1504, Oct. 13, 1994, 108 Stat. 3297.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
2310(a)...............................  41:156(a) (1st sentence).            Fe
b. 19, 1948, ch. 65, Sec.  7(a)
2310(b)...............................  41:156(c).                            (
1st sentence), (c), 62 Stat. 24.
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---------------------------------

    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.


                               Amendments

    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, Sec. 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, Sec. 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)''.


                    Effective Date of 1994 Amendment

    For 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 251 of Title 41, Public Contracts.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-369 applicable with respect to any 
solicitation for bids or proposals issued after Mar. 31, 1985, see 
section 2751 of Pub. L. 98-369, set out as a note under section 251 of 
Title 41, Public Contracts.


                    Effective Date of 1962 Amendment

    For 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 2304 of this title.
