147 
(d) EXTENT OF REDUCTION OR SUSPENSION.—The extent of any reduc-
tion or suspension of payments by an executive agency under subsection (c) 
on the basis of fraud shall be reasonably commensurate with the anticipated 
loss to the Federal Government resulting from the fraud. 
(e) WRITTEN JUSTIFICATION.—A written justification for each decision 
of the head of an executive agency whether to reduce or suspend payments 
under subsection (c), and for each recommendation received by the executive 
agency in connection with the decision, shall be prepared and be retained 
in the files of the executive agency. 
(f) NOTICE.—The head of each executive agency shall prescribe proce-
dures to ensure that, before the head of the executive agency decides to re-
duce or suspend payments in the case of a contractor under subsection (c), 
the contractor is afforded notice of the proposed reduction or suspension 
and an opportunity to submit matters to the executive agency in response 
to the proposed reduction or suspension. 
(g) REVIEW.—Not later than 180 days after the date on which the head 
of an executive agency reduces or suspends payments to a contractor under 
subsection (c), the remedy coordination official of the executive agency 
shall— 
(1) review the determination of fraud on which the reduction or sus-
pension is based; and 
(2) transmit a recommendation to the head of the executive agency 
whether the suspension or reduction should continue. 
(h) REPORT.—The head of each executive agency who receives rec-
ommendations made by the remedy coordination official of the executive 
agency to reduce or suspend payments under subsection (c) during a fiscal 
year shall prepare for that year a report that contains the recommendations, 
the actions taken on the recommendations and the reasons for those actions, 
and an assessment of the effects of those actions on the Federal Govern-
ment. 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 po-
sition 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 information. 
4706.
Examination of facilities and records of contractor. 
4707.
Remission of liquidated damages. 
4708.
Payment of reimbursable indirect costs in cost-type research and development contracts 
with educational institutions. 
4709.
Implementation of electronic commerce capability. 
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148 
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 AUTHOR-
IZED.— 
(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 Adminis-
trator of General Services or other agency head may be made for an 
individual purchase or contract or, except for determinations or deci-
sions 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 ex-
pressly 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 determination 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 deter-
mination 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 executive 
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 begins on the date of the deter-
mination or decision to which the finding relates. 
§ 4702. Prohibition on release of contractor proposals 
(a) DEFINITION.—In this section, the term ‘‘proposal’’ means a proposal, 
including a technical, management, or cost proposal, submitted by a con-
tractor in response to the requirements of a solicitation for a competitive 
proposal. 
(b) PROHIBITION.—A proposal in the possession or control of an execu-
tive agency may not be made available to any person under section 552 of 
title 5. 
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