
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 41USC257]

 
                       TITLE 41--PUBLIC CONTRACTS
 
                    CHAPTER 4--PROCUREMENT PROCEDURES
 
                  SUBCHAPTER IV--PROCUREMENT PROVISIONS
 
Sec. 257. Administrative determinations


(a) Conclusiveness; delegation of powers

    Determinations and decisions provided in this Act to be made by the 
Administrator or other agency head shall be final. Such determinations 
or decisions may be made with respect to individual purchases or 
contracts or, except for determinations or decisions under sections 253, 
253a, and 253b of this title, with respect to classes of purchases or 
contracts. Except as provided in section 253(d)(2) of this title, and 
except as provided in section 486(d) of title 40 with respect to the 
Administrator, the agency head is authorized to delegate his powers 
provided by this Act, including the making of such determinations and 
decisions, in his discretion and subject to his direction, to any other 
officer or officers or officials of the agency.

(b) Basis of determinations; finding conclusive; preservation of 
        findings; copy

    Each determination or decision required by section 254 or by section 
255(d) of this title shall be based upon written findings made by the 
official making such determination, which findings shall be final and 
shall be available within the agency for a period of at least six years 
following the date of the determination.

(June 30, 1949, ch. 288, title III, Sec. 307, 63 Stat. 396; Pub. L. 85-
800, Sec. 5, Aug. 28, 1958, 72 Stat. 967; Pub. L. 89-343, Secs. 3, 4, 
Nov. 8, 1965, 79 Stat. 1303; Pub. L. 98-369, div. B, title VII, 
Sec. 2714(a)(4), July 18, 1984, 98 Stat. 1184; Pub. L. 104-106, div. D, 
title XLIII, Sec. 4321(e)(6), Feb. 10, 1996, 110 Stat. 675; Pub. L. 104-
316, title I, Sec. 121(c), Oct. 19, 1996, 110 Stat. 3836.)

                       References in Text

    This Act, referred to in subsec. (a), is act June 30, 1949, ch. 288, 
63 Stat. 377, as amended, known as the Federal Property and 
Administrative Services Act of 1949. For complete classification of this 
Act to the Code, see Short Title note set out under section 471 of Title 
40, Public Buildings, Property, and Works, and Tables.


                               Amendments

    1996--Subsec. (b). Pub. L. 104-316 struck out at end ``A copy of the 
findings shall be submitted to the General Accounting Office with the 
contract.''
    Pub. L. 104-106 substituted ``section 255(d)'' for ``section 
255(c)''.
    1984--Subsec. (a). Pub. L. 98-369, Sec. 2714(a)(4), substituted 
provision that determinations and decisions provided in this Act to be 
made by the Administrator or other agency head shall be final for 
provision that such determinations and decisions provided in this 
subchapter to be made by such official would be final, and inserted 
exception for determinations or decisions under sections 253, 253a, and 
253b of this title, substituted ``Except as provided in section 
253(d)(2) of this title'' for ``Except as provided in subsection (b) of 
this section'', and directed the substitution of ``this Act'' for ``this 
chapter'' after ``powers provided by'', which substitution was not 
capable of literal execution because the original text read ``this 
title''. Consequently, the amendment was executed by substituting ``this 
Act'' for ``this title'' as the probable intent of Congress.
    Subsecs. (b), (c). Pub. L. 98-369, Sec. 2714(a)(4)(D)-(F), 
redesignated subsec. (c) as (b), struck out ``paragraphs (11), (12), 
(13), or of section 253(c)'', and struck out former subsec. (b) which 
related to nondelegable powers and powers delegable to certain persons.
    Subsec. (d). Pub. L. 98-369, Sec. 2714(a)(4)(G), struck out subsec. 
(d) which related to preservation of data relating to contracts 
negotiated pursuant to the former provisions of section 252(c) of this 
title.
    1965--Subsec. (a). Pub. L. 89-343, Sec. 3, inserted ``and except as 
provided in section 486(d) of title 40 with respect to the 
Administrator''.
    Subsec. (b). Pub. L. 89-343, Sec. 4, struck out provisions which 
made the power of Administrator to make the delegations and 
determinations specified in section 252(a) of this title delegable only 
to Deputy Administrator or to chief official of any principal 
organizational unit of General Services Administration.
    1958--Subsec. (b). Pub. L. 85-800, Sec. 5(a), (b), substituted 
``(12)'' for ``(11)'', ``(13)'' for ``(12)'', and ``(11)'' for ``(10)'' 
and struck out ``and in section 255(a) of this title'' before ``shall 
not be delegable'' in first sentence.
    Subsec. (c). Pub. L. 85-800, Sec. 5(a), (c), substituted ``(11), 
(12), (13), or (14)'' for ``(10), (11), (12), or (13)'', and ``255(c)'' 
for ``255(a)''.


                    Effective Date of 1996 Amendment

    For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under 
section 251 of this title.


                    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 
this title.


                             Effective Date

    Section effective July 1, 1949, see section 605 of act June 30, 
1949, set out as a note under section 471 of Title 40, Public Buildings, 
Property, and Works.


                               Definitions

    The definitions in section 472 of Title 40, Public Buildings, 
Property, and Works, apply to this subchapter.


                            Cross References

    Agency head, definition of, see section 259 of this title.
    Determinations and decisions on armed services contracts, see 
section 2310 of Title 10, Armed Forces.
