Review of Finality Clauses in Government Contracts ...: Hearings ... H.R. 1839, 3634, and 6946 and S. 24 ... July 30, 1953, Jan. 21 and 22, 19541954 - 145 pages |
Common terms and phrases
Accounting Office administrative decisions Administrative Procedure Act alleged and proved amended American American Bar Association arbitration arising under Government Armed Services article 15 Board of Contract CELLER Chairman CHAUNCEY W committee Comptroller General's Congress construction contracts Contract Appeals contract form contracting agencies contracting officer contracting officer's decision Court of Claims December 30 decided department head Department of Defense determination disputed questions disputes clause effect enacted erroneous as necessarily fact arising favor Federal final and conclusive finality clause FOLEY fraud fraudulent GASKINS Government contracts GRAHAM grossly erroneous hearing imply bad faith industry intention to cheat judicial review Judiciary jurisdiction Justice language legislation limited matter ment Moorman necessarily to imply opinion parties PHILLIPS pre-Wunderlich present private contractor proposed provision questions of fact questions of law Reed review of disputes revised SCHULTZ Senate statement subcommittee substantial evidence supported by substantial Supreme Court tion tracting United WILLIS Wunderlich decision
Popular passages
Page 123 - OF FINALITY CLAUSES IN GOVERNMENT CONTRACTS 119 "substantial evidence" from the Comptroller General's compromise bill. With that deletion the controlling language in the bill would read "unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith * * * " which would provide a liberalized pre-Wunderlich formula. Before
Page 144 - apparently been bound by the terms of article 15 to accept the ruling of the contracting officer without further recourse because that article provides that the decision of the contracting officer shall be final and conclusive unless "a written appeal [is filed]
Page 67 - provides that decisions of department heads shall be final and conclusive "unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious, or so grossly erroneous as necessarily to
Page 144 - the contractor within 30 days to the head of the Department concerned * * *". That the General Accounting Office cannot presently, under such a contractual provision, overrule a decision of the contracting officer is suggested in the following cases: Leeds
Page 144 - 138 REVIEW OF FINALITY CLAUSES IN GOVERNMENT CONTRACTS decision shall be subject to written appeal by the contractor within 30 days to the head of the department concerned or his duly authorized representative whose decision
Page 1 - necessarily to imply bad faith, or not supported by reliable, probative, and substantial evidence. SEC. 2. No Government contract shall contain a provision making final on a question of law the decision of an administrative official, representative, or board. [HR 3634,
Page 2 - necessarily to imply bad faith, or not supported by reliable, probative, and substantial evidence. Sec. 2. No Government contract shall contain a provision making final on a question of law the decision of an administrative official, representative, or board.
Page 1 - to notice, at 10 am, in room 346, Old House Office Building, Hon. Louis E. Graham, chairman, presiding. Present: Messrs. Graham, Hillings, Walter, Celler, and Miss Thompson. Also present : Mr. William Foley, committee counsel. The bills scheduled for hearings,
Page 34 - That 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