Inquiry Into the Administration and Operation of the Armed Services Board of Contract Appeals: Hearing Before the Subcommittee for Special Investigations of the Committee on Armed Services, House of Representatives, Eighty-fifth Congress, Second Session, Under the Authority of H. Res. 67. Hearing Held December 4, 1958United States. Congress. House. Committee on Armed Services. Subcommittee for Special Investigations U.S. Government Printing Office, 1959 - 149 pages |
From inside the book
Results 1-5 of 44
Page 788
... issues of fact . " The total amount claimed during the same period was $ 26,670,984 , of which $ 12,764,736 the Board denied . It sustained contractors ' claims and allowed $ 6,386,443 of 788 ARMED - SERVICES BOARD OF CONTRACT APPEALS.
... issues of fact . " The total amount claimed during the same period was $ 26,670,984 , of which $ 12,764,736 the Board denied . It sustained contractors ' claims and allowed $ 6,386,443 of 788 ARMED - SERVICES BOARD OF CONTRACT APPEALS.
Page 790
... issue was whether tools were used or not , and the rates , according to this alleged opinion , were fixed by contract . Nine months later , we find that this de novo trial , as you call it , was referred back to the contracting officer ...
... issue was whether tools were used or not , and the rates , according to this alleged opinion , were fixed by contract . Nine months later , we find that this de novo trial , as you call it , was referred back to the contracting officer ...
Page 793
... issue for decision by the Board , 186 . 1. Termination for default only , 77 . Sustained , 20 . Appeal denied , 57 . Interpretation of contract and specification and decisions on issues of fact , 26 . Stipulation by the parties approved ...
... issue for decision by the Board , 186 . 1. Termination for default only , 77 . Sustained , 20 . Appeal denied , 57 . Interpretation of contract and specification and decisions on issues of fact , 26 . Stipulation by the parties approved ...
Page 798
... issue , 170 in- volving some $ 6,730,000 were decided in favor of the Government , and 239 involving some $ 9,973,000 were decided in favor of contractor either in whole or in part . Of this $ 9,973,000 , $ 4,405,000 represents claims ...
... issue , 170 in- volving some $ 6,730,000 were decided in favor of the Government , and 239 involving some $ 9,973,000 were decided in favor of contractor either in whole or in part . Of this $ 9,973,000 , $ 4,405,000 represents claims ...
Page 815
... issue before the Board . Mr. COURTNEY . What else would be in issue before the Board but money ? This is a claim of a contractor . Either that or a question of law . And doesn't the question of law belong in the General Coun- sel's ...
... issue before the Board . Mr. COURTNEY . What else would be in issue before the Board but money ? This is a claim of a contractor . Either that or a question of law . And doesn't the question of law belong in the General Coun- sel's ...
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Common terms and phrases
administrative Air Force panel amount answer appeal denied appeal dismissed appeal sustained Armed Services Board Army panel ASBCA Assistant Secretary BATES BAUR Board of Contract Chairman chief trial attorney civilian Coat & Suit Colonel MYERS committee complaint CONGRESS THE LIBRARY Contract Appeals contracting officer contractor counsel Court of Claims COURTNEY CRAWFORD Curtiss-Wright Corp decision delay Department docket EDWARD HÉBERT Engineering expedite filed Fiscal year 1957 Government's hearing HÉBERT HESS HICKMAN involved issue JAGC Judge Advocate July July 23 June 28 June 30 jurisdiction LIBRARY OF CONGRES LIBRARY OF CONGRESS Machine ment military months Navy panel novo opinion P. L. S. Coat parties pending present procedure procurement questions of fact questions of law record Remanded rental representative rules Secretary JOHNSON Sept Suit Corp Termination default TIDWELL tion Total trial de novo Wood-Ridge
Popular passages
Page 916 - The officer shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked "Deposition of [here insert name of witness...
Page 787 - 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 mall or otherwise furnish a copy thereof to the Contractor.
Page 787 - In connection with any appeal proceeding under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. b. This "Disputes" clause does not preclude consideration of law questions in connection with decisions provided for in paragraph a.
Page 915 - Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the United States or by the laws of the place where the deposition is taken to administer oaths.
Page 787 - 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 935 - ... representative or board is alleged: 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.
Page 909 - Vacancies in the Board shall not impair the powers nor affect the duties of the Board nor of the remaining members of the Board.
Page 913 - The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice.
Page 913 - In any action, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider (1) The simplification of the issues; (2) The necessity or desirability of amendments to the pleadings; (3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof...
Page 915 - RULE 31. DEPOSITIONS OF WITNESSES UPON WRITTEN INTERROGATORIES (a) Serving Interrogatories; Notice. A party desiring to take the deposition of any person upon written interrogatories shall serve them upon every other party with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be taken.