W.7.8.25/pt.1 Engineer Department Orders & Regs, Chippt. I WAR DEPARTMENT OFFICE OF THE CHIEF OF ENGINEERS PREFACE 1. The purpose of Part I, Military Works, 1 November 1946, of Chapter VII, Procurement, Contracts, and Claims, Orders and Regulations, is to prescribe the authorities and to present, as completely as practicable, the fundamental legislative and administrative requirements and the procedures to be followed in making purchases, letting contracts, settling claims, and litigation in connection with military procurement, including construction. All applicable War Department regulations are incorporated or referred to and will be maintained current by the issuance of changes as required. Decisions of the courts and the Comptroller General pertinent to the subject matter are cited or quoted. Current orders and directives of other departments and agencies, which affect the subject matter, will be published by changes where necessary. 2. It will be noted that section 15 is followed by section 20, sections 16 to 19, inclusive, have been reserved to cover additional sections that may be added from time to time to War Department Procurement Regulations. At present War Department Procurement Regulations run from section 1 through section 15. For example, if a new section 16 were added to War Department Procurement Regulations and implementation of such section was considered necessary in Orders and Regulations, a corresponding section 16 would be added to part I, chapter VII. It should be further noted that several paragraph numbers have been reserved in the various sections of part I. These paragraph numbers have been reserved primarily because it is intended to insert additional material at a future date. 3. Effective upon receipt, these regulations supersede chapter VII, Orders and Regulations, 15 August 1944, as amended. Chapter VI, Travel and Transportation, Orders and Regulations, 14 June 1938, so far as the subject matter thereof is contained in section 22 of this part of chapter VII, is rescinded, as well as any previous instructions issued by the Chief of Engineers modifying or revising existing regulations pertaining to military works on procurement, contracts, and claims. The following circular letters, or parts thereof, and other directives are also rescinded by reason of the material contained therein having been incorporated in part I, chapter VII. Circular Letter No. 2804 (Fiscal No. 265), 28 February 1944, subject, "Government Transportation Requests and Bills of Lading." Paragraphs 12, 13, 15, through 20, Circular Letter No. 2947, (Fiscal No. 272), 14 April 1944, subject, "Changes in Orders and Regulations." Circular Letter No. 3196 (Redistribution and Salvage No. 15) 27 July 1944, subject, "Disposal of Contract Termination Property." Circular Letter No. 3847 (Supply No. 435), 5 July 1945, subject, "Disposal of Surplus Part I Property." Circular Letter No. 3935 (Contract Termination No. 14), 7 September 1945, subject, "Contract Termination Reports." Circular Letter No. 3955 (Contract Termination No. 15), 24 September 1945, subject, "Contract Termination Reports." Circular Letter No. 4013 (Legal No. 2), 13 November 1945, subject, "Termination of Labor Agreement:" Circular Letter No. 4107 (Contract Termination No. 17), 12 April 1946, subject, "Contract Termination Procedures on Contracts Administered by OCE and by Districts and Depots Assigned Procurement Responsibility by OCE." Circular Letter No. 4143 (Legal No. 5), 31 May 1946, subject "Settlement of Litigated and Unlitigated Claims Under the Fair Labor Standards Act." Circular Letter No. 4144 (Contract Termination No. 18), 31 May 1946, subject, "Contract Termination Procedures on Fixed-Price and CPFF Military Construction Contracts." Circular Letter No. 4194 (Legal No. 7), 8 August 1946, subject, "Modification of Disputes Article in all Contracts for Military Construction." Circular Letter No. 4225 (Legal No. 11), 23 September 1946, subject, "Discontinuance of Land Grant Rates." Multiple letter, SPEAC 161, dated 8 March 1946, subject, "Change in Limitation of Authority to Approve Change Orders and Supplemental Agreements, and Changes in Contract Articles, Relating to Civil Works." Multiple letter, ENGAC 150, dated 24 September 1946, subject, "Investigation and Settlement of Non-Contractual Claims." 4. Unless otherwise stated any amendments to these regulations will not be mandatory until 30 days after the date of issuance thereof. When any regulation herein is found to be inconsistent with any regulation or directive of higher authority issued subsequently, the regulation or directive of higher authority will govern. BY ORDER OF THE CHIEF OF ENGINEERS: CHAS. G. HOLLE |