§ 257. — Administrative determinations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[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 121(d)(1) and (2) 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. Except for title III of the Act,
which is classified generally to this subchapter, the Act was repealed
and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116
Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public Buildings,
Property, and Works.
Codification
``Section 121(d)(1) and (2) of title 40'' substituted in subsec. (a)
for ``section 205(d)'', meaning section 205(d) of the Federal Property
and Administrative Services Act of 1949, on authority of Pub. L. 107-
217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
which enacted Title 40, Public Buildings, Property, and Works.
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, formerly section
505, of act June 30, 1949, ch. 288, 63 Stat. 403; renumbered by act
Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583.
Definitions
The definitions in section 102 of Title 40, Public Buildings,
Property, and Works, apply to this subchapter.
