Economics of Defense Policy: Shipbuilding claims

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Page 303 - The decision of the Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence.
Page 67 - If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work...
Page 303 - Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.
Page 182 - Government is responsible for all increased costs and delays. 12. While Newport News is owed some money on its claims, the company, by the nature of its claims submissions, has made it very difficult and time consuming to sort out the items for which legal entitlement exists. It is reasonable to conclude from the manner in which the claims have been presented that the company believes that actual entitlement under these claims is considerably less than the amount the company is seeking. 13. In his...
Page 246 - ... procedures. Each contracting officer is responsible for performing or having performed all administrative actions necessary for effective contracting. The contracting officer shall...
Page 8 - ... shipbuilding claims; that they arise out of actions by others. I also realize that it is not your job, but the job of others to eliminate practices which give rise to unfounded claims. It nevertheless appears to me that it devolves upon you as the Navy's legal officer to see to it that these claims are settled legally and properly, and without setting damaging precedent for the future. In this sense, your clients are the American public and those of us in the Navy who are charged with building...
Page 199 - Shipbuilding Company. They are doing this to resolve the backlog of shipbuilding claims quickly. The terms of the PL 85-804 settlements with these shipbuilders have not yet been negotiated. Some of the claims have not yet been submitted. The claims' in hand have not been reviewed to determine Government responsibility for the amounts claimed. For these reasons, I am in no position to give an opinion on whether the final settlements will satisfactorily resolve the shipbuilding claims problem. I have...
Page 303 - No Government contract shall contain a provision making final on a question of law the decision of any administrative official, representative, or board.
Page 186 - business because contractors may believe the Navy will henceforth ensure their future profitability regardless of their contract performance. Specifically : a. Shipbuilders may conclude that their present approach of accumulating large backlogs of unpriced changes and alleged constructive changes to serve as a basis for claims is highly effective. Even after they have been given extra-contractual relief on present contracts, when present or future contracts turn out to be less profitable than anticipated,...
Page 407 - In fact, the fertility of man's invention in devising new schemes of fraud is so great that courts have always declined to define it, reserving to themselves the liberty to deal with it under whatever form it may present itself.

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