Page:United States Statutes at Large Volume 124.djvu/3819

 124 STAT. 3793 PUBLIC LAW 111–350—JAN. 4, 2011 contains the recommendations, the actions taken on the rec- ommendations and the reasons for those actions, and an assessment of the effects of those actions on the Federal Government. The report shall be available to any Member of Congress on request. (i) RESTRICTION ON DELEGATION.—The head of an executive agency may not delegate responsibilities under this section to an individual in a position below level IV of the Executive Schedule. CHAPTER 47—MISCELLANEOUS Sec. 4701. Determinations and decisions. 4702. Prohibition on release of contractor proposals. 4703. Validation of proprietary data restrictions. 4704. Prohibition of contractors limiting subcontractor sales directly to Federal Government. 4705. Protection of contractor employees from reprisal for disclosure of certain in- formation. 4706. Examination of facilities and records of contractor. 4707. Remission of liquidated damages. 4708. Payment of reimbursable indirect costs in cost-type research and develop- ment contracts with educational institutions. 4709. Implementation of electronic commerce capability. 4710. Limitations on tiering of subcontractors. 4711. Linking of award and incentive fees to acquisition outcomes. § 4701. Determinations and decisions (a) INDIVIDUAL OR CLASS DETERMINATIONS AND DECISIONS AUTHORIZED.— (1) IN GENERAL.—Determinations and decisions required to be made under this division by the head of an executive agency or provided in this division or chapters 1 to 11 of title 40 to be made by the Administrator of General Services or other agency head may be made for an individual purchase or con- tract or, except for determinations or decisions made under sections 3105, 3301, 3303 to 3305, 3306(a)–(e), and 3308, chapter 37, and section 4702 of this title or to the extent expressly prohibited by another law, for a class of purchases or contracts. (2) DELEGATION.—Except as provided in section 3304(a)(7) of this title, and except as provided in section 121(d)(1) and (2) of title 40 with respect to the Administrator of General Services, the agency head, in the discretion and subject to the direction of the agency head, may delegate powers provided by this division or chapters 1 to 11 of title 40, including the making of determinations and decisions described in paragraph (1), to other officers or officials of the agency. (3) FINALITY.—The determinations and decisions are final. (b) WRITTEN FINDINGS.— (1) BASIS FOR CERTAIN DETERMINATIONS.—Each determina- tion or decision under section 3901, 3905, 4503, or 4706(d)(2)(B) of this title shall be based on a written finding by the individual making the determination or decision. A finding under section 4503 or 4706(d)(2)(B) shall set out facts and circumstances that support the determination or decision. (2) FINALITY.—Each finding referred to in paragraph (1) is final. (3) MAINTAINING COPIES OF FINDINGS.—The head of an execu- tive agency shall maintain for a period of not less than 6 years a copy of each finding referred to in paragraph (1) that is made by an individual in that executive agency. The period