War Contract Hardship Claims: Hearings Before a Subcommittee, Seventy-ninth Congress, Second Session, on S. 1477, a Bill to Authorize Relief in Certain Cases where Supplies Or Services Have Been Furnished for the Government During the War. April 12-13, 1946
U.S. Government Printing Office, 1946 - 83 pages
Considers legislation to authorize the President to empower Government agencies to make or amend contracts in cases where such action is necessary to prevent injustice to firms or individuals who supplied services or supplies to Government during WWII.
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Accounting Office action agency agreement amendment amendments or modifications amount application approved Army August 14 authority believe bill CHAIRMAN claim Colonel HOLLAND committee completed consideration considered Construction contracting officer contractor costs Court cover dated decision delay determination directive effect effort enactment Engineering Enjay enter Executive Order facilitate fact feel filed final findings follows Forces furnished further give Government granted language legislation letter loss manifest injustice materials matter McKEE ment merits mill Navy Navy Department NEALE necessary objection operating opinion payment performance position Powers Act present President prior production proposed prosecution provisions question reading reason received record referred regulations relief request respect roads Senator Lucas Senator REVERCOMB settlement statement submitted suggested supplies or services taken terminated thing tion understand United WAGNER War Department War Powers Act Washington WEITZEL
Page 69 - Disputes. Except as otherwise specifically provided In this contract, all disputes concerning questions of fact arising under this contract shall be decided by the contracting officer subject to written appeal by the contractor within 30 days to the head of the department concerned or his duly authorized representative, whose decision shall be final and conclusive upon the parties thereto. In the meantime the contractor shall diligently proceed with the work as directed.
Page 3 - Where any person has arranged to furnish or furnished to a contracting agency or to a war contractor. any materials, services, or facilities related to the prosecution of the war, without a formal contract, relying in good faith upon the apparent authority of an officer or agent of a contracting agency, written or oral instructions, or any other request to proceed from a contracting agency, the contracting agency shall pay such person fair compensation therefor.
Page 70 - ... the contractor shall within 10 days from the beginning of any such delay (unless the contracting officer shall grant a further period of time prior to the date of final settlement of the contract) notify the contracting officer in writing...
Page 68 - ... obligors modifying or releasing accrued obligations of any sort, including accrued liquidated damages or liability under surety or other bonds.
Page 7 - President for the protection of the interests of the government, to enter into contracts and into amendments or modifications of contracts heretofore or hereafter made and to make advance progress and other payments thereon, without regard to the provisions of law relating to the making, performance, amendment, or modification of contracts...
Page 1 - Government, to enter into contracts or into amendments or modifications, of contracts heretofore or hereafter made and to make advance payments thereon, without regard to other provisions of law relating to the making, performance, amendment, or modification of contracts, whenever he deems that such action would facilitate the national defense.
Page 15 - Defense is authorized, within the limits of the amounts appropriated and the contract authorization provided therefor, to enter into contracts and into amendments or modifications of contracts heretofore or hereafter made, and to make advance payments thereon, without regard to the provisions of law relating to the making, performance, amendment, or modification of contracts...
Page 70 - ... shall ascertain the facts and the extent o'f the delay and extend the time for completing the work when in his judgment the findings of fact justify such an extension, and his findings of fact thereon shall be final and conclusive on the parties hereto...
Page 71 - This is extending the rule between private parties to the government. There were such decisions, and settlement and payments in consequence of them, as we have seen. Over the effect of these the Comptroller of the Treasury has no power. They were the acts and duty of the officer in charge, in the expression of which there was no ambiguity, and were, therefore, conclusive in effect.