Review of Finality Clauses in Government Contracts: Hearings Before Subcommittee No. 1 of the Committee on the Judiciary, House of Representatives, Eighty-third Congress, First and Second Sessions, H.R. 1839 and S. 24, a Bill and an Act to Permit Review of Decisions of Government Contracting Officers Involving Questions of Fact Arising Under Government Contracts in Cases Other Than Those in which Fraud is Alleged, and for Other Purposes; H.R. 3634, a Bill to Amend Title 28 of the United States Code So as to Provide for a Limited Judicial Review of Decisions of Federal Officers Under "finality Clauses" in Government Contracts; H.R. 6946, a Bill to Permit Review of Decisions of Government Contracting Officers Involving Questions of Fact Arising Under Government Contracts in Cases Other Than Those in which Fraud is Alleged, and for Other Purposes |
From inside the book
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Page 1
... case without regard to any such decision which it finds was founded on fraud , or involved such gross mistake as neces- sarily implied bad faith , or was arbitrary or capricious . 1 " This section shall not apply with respect to any.
... case without regard to any such decision which it finds was founded on fraud , or involved such gross mistake as neces- sarily implied bad faith , or was arbitrary or capricious . 1 " This section shall not apply with respect to any.
Page 3
... arbitrary decision by an incompetent , negligent , or capricious representative of that department or agency . This repre- sentative could be one that holds their own agency's express appoint- ment and assignment to our work as a ...
... arbitrary decision by an incompetent , negligent , or capricious representative of that department or agency . This repre- sentative could be one that holds their own agency's express appoint- ment and assignment to our work as a ...
Page 4
... arbitrary manner an inadequate sum that could be based on his own alleged finding of fact . When this contractor resists , he is bluntly reminded that any court of appeal , under present circumstances after this Wunderlich decision on ...
... arbitrary manner an inadequate sum that could be based on his own alleged finding of fact . When this contractor resists , he is bluntly reminded that any court of appeal , under present circumstances after this Wunderlich decision on ...
Page 6
... arbitrary , capricious , or so grossly erroneous and so mis- taken as necessarily to imply bad faith ; or , they are not supported by reliable , probative , and substantial evidence . Failing to obtain relief on appeal to the head of ...
... arbitrary , capricious , or so grossly erroneous and so mis- taken as necessarily to imply bad faith ; or , they are not supported by reliable , probative , and substantial evidence . Failing to obtain relief on appeal to the head of ...
Page 7
... arbitrary , capricious , and grossly erroneous and by so doing had deprived us of our rights under the contract to an equitable adjustment . " We should have received the money which the Court of Claims awarded to us , and it was only ...
... arbitrary , capricious , and grossly erroneous and by so doing had deprived us of our rights under the contract to an equitable adjustment . " We should have received the money which the Court of Claims awarded to us , and it was only ...
Common terms and phrases
Accounting Office administrative decisions Administrative Procedure Act alleged and proved amended American Bar Association arbitration arising under Government Armed Services article 15 Board of Contract CELLER Chairman CHAUNCEY W committee Comptroller General's CONGRESS THE LIBRARY construction contracts Contract Appeals contract form contracting officer contracting officer's decision Court of Claims December 30 decided department head Department of Defense determination disputes clause effect enacted erroneous as necessarily fact arising favor Federal final and conclusive finality clause FOLEY fraudulent GASKINS Government contracts GRAHAM grossly erroneous hearings imply bad faith industry intention to cheat judicial review Judiciary jurisdiction Justice language legislation LIBRARY OF CONGRESS limited matter ment necessarily to imply opinion parties PHILLIPS pre-Wunderlich present private contractor proposed provision questions of fact questions of law Reed review of decisions review of disputes SCHULTZ Senate statement subcommittee substantial evidence supported by substantial Supreme Court tion tracting United WILLIS Wunderlich decision
Popular passages
Page 99 - 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 103 - 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 136 - ... provided, however, that any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith, or is not supported by substantial evidence. "Sec. 2. No Government contract shall contain a provision making final on a question of law the decision of any administrative official, representative, or board.
Page 40 - All claims and demands whatever by the Government of the United States or against it, and all accounts whatever in which the Government of the United States is concerned, either as debtor or creditor, shall be settled and adjusted in the General Accounting Office.
Page 41 - Despite the fact that other words such as 'negligence,' 'incompetence,' 'capriciousness,' and 'arbitrary' have been used in the course of the opinions, this Court has consistently upheld the finality of the department head's decision unless it was founded on fraud, alleged and proved. So fraud is in essence the exception. By fraud we mean conscious wrongdoing, an intention to cheat or be dishonest.
Page 1 - That no provision of any contract entered into by the United States, relating to the finality or conclusiveness of any decision of the head of any department or agency or his duly authorized representative or board in a dispute involving a question arising under such contract, shall be pleaded in any suit now filed or to be filed as limiting judicial review of any such decision to cases where fraud by such official...
Page 86 - But the rule we announce has wide application and a devastating effect. It makes a tyrant out of every contracting officer. He is granted the power of a tyrant even though he is stubborn, perverse, or captious. He is allowed the power of a tyrant though he is incompetent or negligent. He has the power of life and death over a private business even though his decision is grossly erroneous. Power granted is seldom neglected.
Page 138 - Except as otherwise specifically provided In this contract, all disputes concerning questions of fact arising under this contract shall be decided by the contracting officer subject to written appeal by the contractor within 30 days to the head of the department concerned or his duly authorized representative, whose decision shall be final and conclusive upon the parties thereto. In the meantime the contractor shall diligently proceed with the work as directed.
Page 99 - Secretary, and the decision of the Secretary or his duly authorized representative for the hearing of such appeals shall, 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 134 - Disputes. — Except as otherwise specifically provided in this contract, all disputes concerning questions of fact arising under this contract...