Finality Clauses in Government Contracts: Hearings, Eighty-second Congress, Second Session, on S. 2487. February 15, 20 and March 21, 1952Considers (82) S. 2487. |
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Page 5
... effect of the recent decision of the Supreme Court in the case of United States v . Wunderlich ( 342 U. S. 98 ) , where- in it was held that in any case of dispute over a matter of fact in connection with a Government contract ...
... effect of the recent decision of the Supreme Court in the case of United States v . Wunderlich ( 342 U. S. 98 ) , where- in it was held that in any case of dispute over a matter of fact in connection with a Government contract ...
Page 6
... effect as it grants unlimited power to contracting officials and makes it possible for them to be negligent , to disregard evidence and to shield their departments from the consequences of their own irregularities or blunders at the ...
... effect as it grants unlimited power to contracting officials and makes it possible for them to be negligent , to disregard evidence and to shield their departments from the consequences of their own irregularities or blunders at the ...
Page 7
... effect the General Accounting Office in performing its statutory functions would be precluded from questioning the propriety or legality of payments made to a contractor as the result of an arbitrary or grossly erroneous decision on the ...
... effect the General Accounting Office in performing its statutory functions would be precluded from questioning the propriety or legality of payments made to a contractor as the result of an arbitrary or grossly erroneous decision on the ...
Page 8
... effect . 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 ...
... effect . 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 ...
Page 9
... effect , inviting the Congress to step in and correct the situation . But again , as was the case with the " disputed questions of fact " provision , prior to the decision of the Supreme Court in the Wunder- lich case , supra , the ...
... effect , inviting the Congress to step in and correct the situation . But again , as was the case with the " disputed questions of fact " provision , prior to the decision of the Supreme Court in the Wunder- lich case , supra , the ...
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Common terms and phrases
Accounting Office action administrative decision administrative officers ALAN JOHNSTONE alleged and proved arbitrary article 15 attorney authority bill Board of Contract capricious Chairman committee Comptroller Congress construction Contract Appeals contracting agencies counsel Court of Claims decided department head Department of Defense determination disputed questions disputes clause district courts enacted fact arising February 15 Federal final and conclusive finality clause fraud fraudulent GASKINS Government contracting officers gross mistake grossly erroneous HARNEY hearing imply bad faith intention to cheat involved JOHNSON judicial review Judiciary jurisdiction legislation litigation MACOMBER matter MCGUIRE ment Moorman necessarily implied bad November 26 parties PAT MCCARRAN PHILLIPS procedure proposed provision questions of fact questions of law relief remedy review of decisions Ripley rule SELTZER Senator HENDRICKSON Senator KILGORE specifications standard form statement subcommittee substantial evidence supported by substantial Supreme Court tion tracting United States Court United States Senate Washington Wunderlich decision Yates
Popular passages
Page 89 - Government may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as may be on the site of the work and necessary therefor.
Page 89 - ... unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Government...
Page 80 - 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 65 - Disputes. — Except as otherwise specifically provided in this contract, all disputes concerning questions of fact arising under this contract...
Page 27 - When the United States, with constitutional authority, makes contracts, it has rights and incurs responsibilities similar to those of individuals who are parties to such instruments. There is no difference, said the Court in United States v. Bank of Metropolis, 15 Pet. 377, 392, except that the United States cannot be sued without its consent.
Page 65 - Article 15 have been approved and enforced 'in the absence of fraud or such gross mistake as would necessarily imply bad faith, or a failure to exercise an honest judgment.
Page 14 - 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 6 - Nor could I have believed it. Granted that these contracts are legal, it should not follow that one who takes a public contract puts himself wholly in the power of contracting officers and department heads. When we recently repeated in Moorman that their decisions were " 'conclusive, unless impeached on the ground of fraud, or such gross mistake as necessarily implied bad faith' ", id., 338 US at page 461, 70 S.
Page 89 - If the Government does not terminate the right of the contractor to proceed, the contractor shall continue the work, in which event the actual damages for the delay will be impossible to determine and in lieu thereof the contractor shall pay to the Government as fixed, agreed, and liquidated damages for each calendar day of delay until the work is completed or accepted the amount as set forth in the specifications...