Boards of Contract Appeals, Hearings Before a Subcommittee ... 89-2, March 8, 9, 1966 |
From inside the book
Results 1-5 of 28
Page 147
... Nash , George Washington University Law School ; Prof. Richard Speidel , University of Virginia Law School ; and Associate Dean Russell Fairbanks , Columbia University Law School . Mr. PETROWITZ . I want to express my appreciation to ...
... Nash , George Washington University Law School ; Prof. Richard Speidel , University of Virginia Law School ; and Associate Dean Russell Fairbanks , Columbia University Law School . Mr. PETROWITZ . I want to express my appreciation to ...
Page 148
... NASH . Two real quick comments . No. 1 , I think almost everybody is agreed that Bianchi is right to the extent that it says that there should only be one bite at the apple , because if you get your full day in court once that is enough ...
... NASH . Two real quick comments . No. 1 , I think almost everybody is agreed that Bianchi is right to the extent that it says that there should only be one bite at the apple , because if you get your full day in court once that is enough ...
Page 149
... NASH . Let's broaden our characterization of the problem . We are both talking about the lack of clarity of the jurisdiction of the board . These are two sides of the jurisdictional coin , right ? Mr. SPEIDEL . That is right , at least ...
... NASH . Let's broaden our characterization of the problem . We are both talking about the lack of clarity of the jurisdiction of the board . These are two sides of the jurisdictional coin , right ? Mr. SPEIDEL . That is right , at least ...
Page 150
... NASH . I would question a course of action that would destroy the boards . Mr. WHELAN . It may be bad on the merits , however you want to put it , but it does meet the procedural problem that you pose . But , again looking at it from ...
... NASH . I would question a course of action that would destroy the boards . Mr. WHELAN . It may be bad on the merits , however you want to put it , but it does meet the procedural problem that you pose . But , again looking at it from ...
Page 151
... NASH . In the board ? Mr. FAIRBANKS . That was my question . His answer , I thought , was " No. " Mr. NASH . I think you meant " Yes " , didn't you ? Mr. PETROWITZ . It is arguable that Bianchi exerts pressure for a full judicial review ...
... NASH . In the board ? Mr. FAIRBANKS . That was my question . His answer , I thought , was " No. " Mr. NASH . I think you meant " Yes " , didn't you ? Mr. PETROWITZ . It is arguable that Bianchi exerts pressure for a full judicial review ...
Common terms and phrases
Accounting Office adjudication Administrative Procedure Administrative Procedure Act agency agree Alaska amount arising Armed Services Board ASBCA attorney authority BCA's believe Bianchi board decision board members boards of contract breach of contract Carlo Bianchi Chairman committee Comptroller concerning Conference contract appeals board contract disputes contracting officer contracting officer's cost Counsel Court of Claims CREYKE CUNEO Defense Department determination disputes clause disputes procedure docket equitable adjustment FAIRBANKS Federal final Gantt Government contracts hearing interest involved JAFFE judicial review jurisdiction Justice litigation matter ment MILLER NASA Board NASH OSTROFF parties payment performance present prime contractor problem proceeding Professor PETROWITZ Professor WHELAN reason record remedy rules SCHULTZ Senator BARTLETT Senator MONTOYA settle settlement SHAFER situation small business SPECTOR SPEIDEL statement subcontractor suggest talking termination thing tion tract tractor trial de novo U.S. Senate WARREN Washington WELCH Wunderlich Act
Popular passages
Page 19 - Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract.
Page 23 - And provided further, That the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Government to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as the Contracting Officer may direct ; (8) Complete performance of such part of the work as shall not have been terminated...
Page 18 - Contractor of the notification of change, provided, hovyever. 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 17 - Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor.
Page 18 - The Contracting Officer may at any time, by a written order, and without notice to the sureties, make changes within the general scope of this contract, in any one or more of the following: (i...
Page 101 - 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 under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly.
Page 114 - ... no sanction shall be imposed or rule or order be issued except upon consideration of the whole record or such portions thereof as may be cited by any party and as supported by and in accordance with the reliable, probative, and substantial evidence.
Page 23 - Such claim shall be submitted promptly but in no event later than one year from the effective date of termination, unless one or more extensions in writing are granted by the Contracting Officer upon...
Page 114 - Except as statutes otherwise provide, the proponent of a rule or order shall have the burden of proof.
Page 23 - Government, in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title, and interest of the Contractor under the orders...