War Contract Hardship Claims: Hearings Before a Subcommittee of the ..., 81-1 on S. 873..., and H.R. 3436..., May 31, June 13, 14, and 16, 19491949 - 104 lappuses |
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Accounting Office Act of August actual notice administrative agency concerned allowed amount ANGLAND August 14 believe bill CALDWELL Chairman claimant COLLINS committee Comptroller Congress consideration considered constructive notice contract or subcontract Contract Settlement Act contracts and subcontracts corporation cost Court of Claims denied Department of Justice department or agency district court enacted entitled equity Executive order fact fault or negligence filed Government contracts GREMSE hearings implied notice incurred interest JOHNSON Judiciary June 25 legislation MACGARVEY MACGUINEAS Maritime Commission McKEE ment original Lucas Act paid partners payment pending Powers Act prime contractor proposed amendment Public Law 657 pursuant question record regulations renegotiation request for relief salaries section 201 Senator CAPEHART Senator EASTLAND Senator FERGUSON September 16 shareholders SOURWINE statement stockholders STOUDENMIRE subcommittee subcontracts held tion VJ-day Wage Stabilization Board war agency War Powers Act War Shipping Administration written notice
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31. lappuse - Act, to consider, adjust, and settle equitable claims of contractors, including subcontractors and materialmen performing work or furnishing supplies or services to the contractor or another subcontractor, for losses (not including diminution of anticipated profits) incurred between September 16, 1940, and August 14, 1945, without fault or negligence on their part in the performance of such contracts or subcontracts. Settlement of such claims shall be made or approved in each case by the head of...
5. lappuse - CHANGES IN EXISTING LAW In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill are shown as follows: Existing law proposed to be omitted is enclosed in black brackets; new matter is printed in italics; existing law in which no change is proposed is shown in roman.
28. lappuse - ... with any Federal district court of competent jurisdiction, asking a determination by the court of the equities involved in such claim; and upon the filing of such a petition, the court, sitting as a court of equity, shall have jurisdiction to determine the amount, if any, to which such claimant and petitioner may be equitably entitled (not exceeding the amount which might have been allowed by the department or agency concerned under the terms of this Act) and to enter an order directing such...
54. lappuse - A copy of each written request filed on or before August 14, 1945, with the war agency concerned, for relief with respect to the losses claimed. /. A copy of any other written request filed prior or subsequent to August 14, 1945;, with any agency for relief with respect to the losses claimed.
7. lappuse - ... by the department or agency concerned under the terms of this Act) and to enter an order directing such department or agency to settle the claim in accordance with the finding of the court; and thereafter either party may appeal from the decision if it was rendered by a district court or petition the Supreme Court for a writ of certiorari if it was rendered by the court of claims, as in other cases. Any case heretofore brought in a district court under this section may, at the election of the...
5. lappuse - That where work, supplies, or services have been furnished between September 16, 1940, and August 14, 1945, under a contract or subcontract, for any department or agency of the Government which prior to the latter date was authorized to enter into contracts and amendments or modifications of contracts under section 201 of the First War Powers Act, 1941 (50 USC, Supp.
53. lappuse - ... the Act. This authority is distinguished from authority to take appropriate contractual action pursuant to such approval. (b) "Secretarial level" means an official at or above the level of an assistant head of an agency or his deputy, and a contract adjustment board. (c) "Defense contract...
54. lappuse - loss" means the amount by which the cost of performance of a contract or subcontract exceeds the contract price thereof. 101.10 The term "profit" means the amount by which the contract price of a contract or subcontract exceeds the cost of performance thereof. 101.11 The term "net loss" means the amount by which the aggregate of the costs of performance under all contracts and subcontracts...
53. lappuse - ... which the contract or subcontract or negotiations therefor expressly contemplated would not be reimbursed or compensated or allowed for. 101.8 The term "contract price" means the aggregate of all amounts -(before taxes and statutory renegotiation) paid or payable to a contractor or subcontractor for work, supplies, or services furnished during the statutory period pursuant to a contract or subcontract, including any amounts paid or payable pursuant to any .amendment, adjustment, or settlement...
5. lappuse - ... 305. No claimant shall be granted relief under the Act and these Regulations in any amount in excess of the amount of the net loss (less the amount of any relief granted subsequent to the establishment of such loss) on all contracts and subcontracts held by the claimant pursuant to which work, supplies, or services were furnished for the Government during the statutory period.