Department of Justice Investigation of False Shipbuilding Claims: Joint Hearing Before the Subcommittee on Administrative Practice and Procedure of the Committee on the Judiciary, United States Senate, and Subcommittee on International Trade, Finance, and Security Economics of the Joint Economic Committee, Congress of the United States, Ninety-eighth Congress, Second Session ... October 1, 1984

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Page 83 - A mistake on the part of the contractor which is so obvious that it was or should have been apparent to the contracting officer; and (c) A mutual mistake as to a material fact.
Page 20 - President, and also adopted a resolution authorizing and directing a select committee of five senators — "to investigate circumstances and facts, and report the same to the Senate, concerning the alleged failure of Harry M. Daugherty, Attorney General of the United States, to prosecute properly violators of the Sherman Anti-Trust Act and the Clayton Act against monopolies and unlawful restraint of trade; the alleged neglect and failure of the said Hairy M.
Page 20 - It is quite true that the resolution directing the investigation does not in terms avow that it is intended to be in aid of legislation; but it does show that the subject to be investigated was the administration of the Department of...
Page 20 - ... the subject to be investigated was the administration of the Department of Justice — whether its functions were being properly discharged or were being neglected or misdirected, and particularly whether the Attorney General and his assistants were performing or neglecting their duties in respect of the institution and prosecution of proceedings to punish crimes and enforce appropriate remedies against the wrongdoers — specific instances of alleged neglect being recited. Plainly the subject...
Page 32 - WE SHALL BUILD GOOD SHIPS HERE "AT A PROFIT - IF WE CAN "AT A LOSS - IF WE MUST "BUT ALWAYS GOOD SHIPS" WHEN TENNECO TOOK OVER THE YARD, COMPANY OFFICIALS REMOVED THE PLAQUE AND SHIPPED IT OFF TO A LOCAL MUSEUM.
Page 19 - We are of opinion that the power of inquiry — with process to enforce it — is an essential and appropriate auxiliary to the legislative function.
Page 78 - Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change: Provided, however, That the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract.
Page 78 - Equitable adjustments in this context are simply corrective measures utilized to keep a contractor whole when the Government modifies a contract. Since the purpose underlying such adjustments is to safeguard the contractor against increased costs engendered by the modification, it appears patent that the measure of damages cannot be the value received by the Government, but must be more closely related to and contingent upon the altered position in which the contractor finds himself by reason of...
Page 53 - The test for materiality is whether the statement "has a natural ten-dency to influence, or was capable of influencing, the decision of the tribunal in making a determination. Proof of actual reliance on the statement is not required; the Government need only make a reasonable showing of its potential effects.
Page 20 - Plainly the subject was one on which legislation could be had and would be materially aided by the information which the investigation was calculated to elicit. This becomes manifest when it is reflected that the functions of the Department of Justice, the powers and duties of the Attorney General and the duties of his assistants, are all subject to regulation by congressional legislation, and that the department is maintained and its activities are carried on under such appropriations as in the...

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