a chief officer responsible for procurement and only with respect to contracts which will not require the expenditure of more than $25,000. (c) Basis of determinations; finding conclusive; preservation of findings; copy. Each determination or decision required by paragraphs (11)-(13), or (14) of section 252(c), by section 254 or by section 255 (c) 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. A copy of the findings shall be submitted to the General Accounting Office with the contract. (d) Preservation of data. In any case where any purchase or contract is negotiated pursuant to the provisions of section 252 (c) of this title, except in a case covered by paragraphs (2)-(5), or (6) of section 252 (c) of this title, the data with respect to the negotiation shall be preserved in the files of the agency for a period of six years following final payment on such contract. (June 30, 1949, ch. 288, title III, § 307, 63 Stat. 396; Aug. 28, 1958, Pub. L. 85-800, § 5, 72 Stat. 967; Nov. 8, 1965, Pub. L. 89-343, §§ 3, 4, 79 Stat. 1303.) § 258. Laws applicable to contracts. No purchase or contract shall be exempt from sections 35-45 of this title, or from sections 276a to 276a-5 of Title 40, solely by reason of having been entered into pursuant to section 252 (c) of this title without advertising, and the provisions of sections 276a to 276a-5, 324 and 325a of Title 40, if otherwise applicable, shall apply to such purchases and contracts. (June 30, 1949, ch. 288, title III, § 308, 63 Stat. 396.) § 259. Definitions. As used in this chapter (a) The term "agency head" shall mean the head or any assistant head of any executive agency, and may at the option of the Administrator include the chief official of any principal organizational unit of the General Services Administration. (b) Repealed. July 12, 1952, ch. 703, § 1(h), 66 Stat. 593. (June 30, 1949, ch. 288, title III, § 309, 63 Stat. 396; July 12, 1952, ch. 703, § 1(h), 66 Stat. 593.) § 260. Laws not applicable to contracts. Sections 5, 8, and 13 of this title shall not apply to the procurement of property or services made by an executive agency pursuant to this chapter. Any provision of law which authorizes an executive agency (other than an executive agency which is exempted from the provisions of this title by section 252(a) of this title, to procure any property or services without advertising or without regard to said section 5 of this title shall be construed to authorize the procurement of such property or services pursuant to section 252(c) (15) of this title without regard to the advertising requirements of sections 252(c) and 253 of this title. (June 30, 1949, ch. 288, title III, § 310, 63 Stat. 397; July 12, 1952, ch. 703, § 1 (m), (n), 66 Stat. 594; Aug. 28, 1958, Pub. L. 85– 800, § 6, 72 Stat. 967; Nov. 8, 1965, Pub. L. 89–343, § 5, 79 Stat. 1303.) Chapter 5.-JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS Sec. 321. Limitation on pleading contract-provisions relating to finality; standards of review. 322. Contract-provisions making decisions final on questions of law. § 321. Limitation on pleading contract-provisions relating to finality; standards of review. No provision of any contract entered into by the United States, relating to the finality or conclusiveness of any decision of the head of any department or agency or his duly authorized representative or board in a dispute involving a question arising under such contract, shall be pleaded in any suit now filed or to be filed as limiting judicial review of any such decision to cases where fraud by such official or his said representative or board is alleged: Provided, however, That any such decision shall be final and conclusive unless the same is fradulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith, or is not supported by substantial evidence. (May 11, 1954, ch. 199 § 1, 68 Stat. 81.) § 322. Contract-provisions making decisions final on questions of law. No Government contract shall cotain a provision making final on a question of law the decision of any administrative official, representative, or board. (May 11, 1954, ch. 199, § 2, 68 Stat. 81.) 1 So in original. Probably should read "fraudulent." PART V. OTHER RELATED MATERIAL ADMINISTRATIVE PROCEDURE ACT—INCLUDING PUBLIC Title 5, United States Code. "GOVERNMENT ORGANIZATION AND EMPLOYEES" Chapter 5.-ADMINISTRATIVE PROCEDURE SUBCHAPTER II.-ADMINISTRATIVE PROCEDURE Sec. 551. Definitions. 552. Public information; agency rules, opinions, orders, records, and pro ceedings. 553. Rule making. 554. Adjudications. 555. Ancillary matters. 556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision. 557. Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record. 558. Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses. 559. Effect on other laws; effect of subsequent statute. Chapter 7-JUDICIAL REVIEW 701. Application; definitions. 702. Right of review. 703. Form and venue of proceeding. 704. Actions reviewable. 705. Relief pending review. 706. Scope of review. SUBCHAPTER II.-ADMINISTRATIVE PROCEDURE § 551. Definitions. For the purpose of this subchapter (1) "agency" means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; or except as to the requirements of section 552 of this title (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; (F) courts martial and military commissions; (G) military authority exercised in the field in time of war or in occupied territory; or (H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; chapter 2 of title 41; or sections 1622, 1881, 1891-1902, and former section 1641 (b) (2), of title 50, appendix; (2) "person" includes an individual, partnership, corporation, association, or public or private organization other than an agency; (3) "party" includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes; (4) "rule" means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate of financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing; (5) "rule making" means agency process for formulating, amending, or repealing a rule; (6) "order" means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing; (7) “adjudication” means agency process for the formulation of an order; (8) "license" includes the whole or a part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission; (9) "licensing" includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license; (10) "Sanction" includes the whole or a part of an agency— (A) prohibition, requirement, limitation, or other condition affecting the freedom of a person; (B) withholding of relief; (C) imposition of penalty or fine; (D) destruction, taking, seizure, or withholding of property; (E) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees; (F) requirement, revocation, or suspension of a license; or (11) "relief" includes the whole or a part of an agency (A) grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; (B) recognition of a claim, right, immunity, privilege, exemption, or exception; or (C) taking of other action on the application or petition of, and beneficial to, a person; (12) "agency proceeding" means an agency process as defined by paragraphs (5), (7), and (9) of this section; and (13) "agency action" includes the whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 381.) § 552. Public information; agency rules, opinions, orders, records, and proceedings. (a) Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and |