-CITE-
    41 USC CHAPTER 2 - TERMINATION OF WAR CONTRACTS             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
                 CHAPTER 2 - TERMINATION OF WAR CONTRACTS             

-MISC1-
    Sec.                                                     
    101.        Declaration of policy.                                
    102.        Surveillance by Congress.                             
    103.        Definitions.                                          
    104.        Administration of chapter.                            
    105.        Contract Settlement Advisory Board; composition;
                 duties.                                              
    106.        Basis for settlement of termination claims.           
    107.        Settlement of subcontractors' claims.                 
    108.        Interim financing.                                    
    109.        Advance or partial payments to subcontractors;
                 excessive payments, interest, liability of war
                 contractor.                                          
    110.        Guarantee of loans, advances, etc.                    
    111.        Termination of contracts.                             
    112.        Removal and storage of materials.                     
    113.        Appeals.                                              
    114.        Court of Federal Claims.                              
    115.        Personal financial liability of contracting officers. 
    116.        Repealed.                                             
    117.        Defective, informal, and quasi contracts.             
    118.        Administration.                                       
    119.        Fraudulent claims, vouchers, statements, etc.;
                 jurisdiction.                                        
    120.        Powers and duties of contracting agencies.            
    121.        Administrator of General Services; additional duties. 
    122.        Use of appropriated funds.                            
    123.        Delegation of authority by Administrator of General
                 Services.                                            
    124.        Effective date; applicability to lend lease contracts.
    125.        Exemption of certain contracts outside continental
                 United States or in Alaska.                          

-End-

-CITE-
    41 USC Sec. 101                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 101. Declaration of policy

-STATUTE-
      The Congress declares that the objectives of this chapter are - 
        (a) to facilitate maximum war production during the war, and to
      expedite reconversion from war production to civilian production
      as war conditions permit;
        (b) to assure to prime contractors and subcontractors, small
      and large, speedy and equitable final settlement of claims under
      terminated war contracts, and adequate interim financing until
      such final settlement;
        (c) to assure uniformity among Government agencies in basic
      policies and administration with respect to such termination
      settlements and interim financing;
        (d) to facilitate the efficient use of materials, manpower, and
      facilities for war and civilian purposes by providing prime
      contractors and subcontractors with notice of termination of
      their war contracts as far in advance of the cessation of work
      thereunder as is feasible and consistent with the national
      security;
        (e) to assure the expeditious removal from the plants of prime
      contractors and subcontractors of termination inventory not to be
      retained or sold by the contractor;
        (f) to use all practicable methods compatible with the
      foregoing objectives to prevent improper payments and to detect
      and prosecute fraud.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 1, 58 Stat. 649.)

-MISC1-
                                SHORT TITLE                            
      Section 27 of act July 1, 1944, provided that: "This Act
    [enacting this chapter] may be cited as the 'Contract Settlement
    Act of 1944'."

                               SEPARABILITY                           
      Section 26 of act July 1, 1944, provided: "If any provision of
    this Act [enacting this chapter], or the application of such
    provision to any person or circumstance, is held invalid, the
    remainder of this Act or the application of such provision to
    persons or circumstances other than those as to which it is held
    invalid, shall not be affected thereby."

-End-

-CITE-
    41 USC Sec. 102                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 102. Surveillance by Congress

-STATUTE-
      (a) To assist the Congress in appraising the administration of
    this chapter and in developing such amendments or related
    legislation as may further be necessary to accomplish the
    objectives of this chapter, the appropriate committees of the
    Senate and the House of Representatives shall study each report
    submitted to the Congress under this chapter and shall otherwise
    maintain continuous surveillance of the operations of the
    Government agencies under this chapter.
      (b) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(110), 65 Stat. 705.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 2, 58 Stat. 649; Oct. 31, 1951, ch.
    654, Sec. 1(110), 65 Stat. 705.)

-MISC1-
                                AMENDMENTS                            
      1951 - Subsec. (b). Act Oct. 31, 1949, repealed subsec. (b) which
    related to reports to Congress.

-End-

-CITE-
    41 USC Sec. 103                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 103. Definitions

-STATUTE-
      As used in this chapter - 
      (a) The term "prime contract" means any contract, agreement, or
    purchase order heretofore or hereafter entered into by a
    contracting agency and connected with or related to the prosecution
    of the war; and the term "prime contractor" means any holder of one
    or more prime contracts.
      (b) The term "subcontract" means any contract, agreement, or
    purchase order heretofore or hereafter entered into to perform any
    work, or to make or furnish any material to the extent that such
    work or material is required for the performance of any one or more
    prime contracts or of any one or more other subcontracts; and the
    term "subcontractor" means any holder of one or more subcontracts.
      (c) The term "war contract" means a prime contract or a
    subcontract; and the term "war contractor" means any holder of one
    or more war contracts.
      (d) The terms "termination", "terminate" and "terminated" refer
    to the termination or cancellation, in whole or in part, of work
    under a prime contract for the convenience or at the option of the
    Government (except for default of the prime contractor) or of work
    under a subcontract for any reason except the default of the
    subcontractor.
      (e) The term "material" includes any article, commodity,
    machinery, equipment, accessory, part, component, assembly, work in
    process, maintenance, repair, and operating supplies, and any
    product of any kind.
      (f) The term "Government agency" means any executive department
    of the Government, or any administrative unit or subdivision
    thereof, any independent agency or any corporation owned or
    controlled by the United States in the executive branch of the
    Government, and includes any contracting agency.
      (g) The term "contracting agency" means any Government agency,
    which has been or hereafter may be authorized to make contracts
    pursuant to section 611 (!1) of Appendix to title 50, and includes
    the Reconstruction Finance Corporation and any corporation
    organized pursuant to the Reconstruction Finance Corporation Act,
    and the Secretary of Commerce.

      (h) The term "termination claim" means any claim or demand by a
    war contractor for fair compensation for the termination of any war
    contract and any other claim under a terminated war contract, which
    regulations prescribed under this chapter authorize to be asserted
    and settled in connection with any termination settlement.
      (i) The term "interim financing" includes advance payments,
    partial payments, loans, discounts, advances, and commitments in
    connection therewith, and guaranties of loans, discounts, advances,
    and commitments in connection therewith and any other type of
    financing made in contemplation of or related to termination of war
    contracts.
      (j) The term "Administrator" means the Administrator of General
    Services.
      (k) The term "person" means any individual, corporation,
    partnership, firm, association, trust, estate, or other entity.
      (l) The term "termination inventory" means any materials
    (including a proper part of any common materials), properly
    allocable to the terminated portion of a war contract, except any
    machinery or equipment subject to a separate contract specifically
    governing the use or disposition thereof.
      (m) The term "final and conclusive", as applied to any
    settlement, finding, or decision, means that such settlement,
    finding, or decision shall not be reopened, annulled, modified, set
    aside, or disregarded by any officer, employee, or agent of the
    United States or in any suit, action, or proceeding except as
    provided in this chapter.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 3, 58 Stat. 650; Ex. Ord. No. 9638,
    Sec. 1, eff. Oct. 4, 1945, 10 F.R. 12591; Ex. Ord. No. 9809, Secs.
    1, 8 eff. Dec. 12, 1946, 11 F.R. 14281; Ex. Ord. No. 9841, Secs.
    101, 203, eff. Apr. 23, 1947, 12 F.R. 2645; June 30, 1947, ch. 166,
    title II, Sec. 207, 61 Stat. 209; 1947 Reorg. Plan No. 1, Sec. 201,
    eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch.
    288, title I, Sec. 102(b), 63 Stat. 380.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 611 of Appendix to title 50, referred to in subsec. (g),
    was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat.
    651. See section 1431 et seq. of Title 50, War and National
    Defense.
      The Reconstruction Finance Corporation Act, referred to in
    subsec. (g), is act Jan. 22, 1932, ch. 8, 47 Stat. 5, as amended,
    which was classified to chapter 14 (Sec. 601 et seq.) of Title 15,
    Commerce and Trade, and has been eliminated from the Code. For
    complete classification of this Act to the Code prior to its
    elimination from the Code, see Tables.

-COD-
                               CODIFICATION                           
      In subsec. (g), the Smaller War Plants Corporation was omitted
    from the definition of the term "contracting agency," in subsec.
    (g) on the authority of section 207 of Act June 30, 1947, which
    provided: "The liquidation of the affairs of the Smaller War Plants
    Corporation administered by the Reconstruction Finance Corporation
    pursuant to Executive Order 9665 shall be carried out by the
    Reconstruction Finance Corporation, notwithstanding the provisions
    of the last paragraph of section 5 of the First War Powers Act,
    1941 [section 605 of Title 50, Appendix, War and National Defense].
    The Smaller War Plants Corporation is hereby abolished."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      In subsec. (g), "Secretary of Commerce" substituted for "War
    Production Board" in view of transfer of War Production Board
    functions to Civilian Production Administration, then to Office of
    Temporary Controls, and then to Secretary of Commerce by Ex. Ord.
    Nos. 9638, 9809, and 9841.
      In subsec. (j), functions of Director of Contract Settlement
    transferred to Secretary of the Treasury by Ex. Ord. No. 9809, Sec.
    8, and Reorg. Plan No. 1 of 1947, Sec. 201, were retransferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

              ABOLITION OF RECONSTRUCTION FINANCE CORPORATION          
      Reorg. Plan No. 1 of 1957, Sec. 6(a), eff. June 30, 1957, 22 F.R.
    4633, 71 Stat. 647, set out in the Appendix to Title 5, Government
    Organization and Employees, abolished Reconstruction Finance
    Corporation.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    41 USC Sec. 104                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 104. Administration of chapter

-STATUTE-
    (a) Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat.
      652
    (b) Rules and regulations
      In order to insure uniform and efficient administration of the
    provisions of this chapter, the Administrator of General Services,
    subject to such provisions, by general orders or general
    regulations - 
        (1) shall prescribe policies, principles, methods, procedures,
      and standards to govern the exercise of the authority and
      discretion and the performance of the duties and functions of all
      Government agencies under this chapter; and
        (2) may require or restrict the exercise of any such authority
      and discretion, or the performance of any such duty or function,
      to such extent as he deems necessary to carry out the provisions
      of this chapter.
    (c) Compliance
      The exercise of any authority or discretion and the performance
    of any duty or function, conferred or imposed on any Government
    agency by this chapter, shall be subject to such orders and
    regulations prescribed by the Administrator of General Services
    pursuant to subsection (b) of this section. Each Government agency
    shall carry out such orders and regulations of the Administrator of
    General Services expeditiously, and shall issue such regulations
    with respect to its operations and procedures as may be necessary
    to carry out the policies, principles, methods, procedures, and
    standards prescribed by the Administrator of General Services. Any
    Government agency may issue such further regulations not
    inconsistent with the general orders or regulations of the
    Administrator of General Services as it deems necessary or
    desirable to carry out the provisions of this chapter.
    (d) Personnel; supplies, facilities, and services
      The Administrator of General Services may, within the limits of
    funds which may be made available, employ and fix the compensation
    of necessary personnel in accordance with the provisions of the
    civil-service laws and chapter 51 and subchapter III of chapter 53
    of title 5, and make expenditures for supplies, facilities, and
    services necessary for the performance of his functions under this
    chapter. Without regard to the provisions of the civil-service
    laws, he may employ certified public accountants, qualified cost
    accountants, industrial engineers, appraisers, and other experts,
    and contract with certified public accounting firms and qualified
    firms of engineers in the discharge of the duties imposed upon him
    and in furtherance of the objectives and policies of this chapter.
    The Administrator of General Services shall perform the duties
    imposed upon him through the personnel and facilities of the
    contracting agencies and other established Government agencies, to
    the extent that this does not interfere with the function of the
    Administrator of General Services to insure uniform and efficient
    administration of the provisions of this chapter.
    (e) Publication in Federal Register
      All orders and regulations prescribed by the Administrator of
    General Services or any Government agency under this chapter shall
    be published in the Federal Register.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 4, 58 Stat. 651; Ex. Ord. No. 9809,
    Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1,
    Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30,
    1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380; Oct. 28, 1949,
    ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Pub. L. 89-554, Sec.
    8(a), Sept. 6, 1966, 80 Stat. 652.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil-service laws, referred to in subsec. (d), are set forth
    in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.

-COD-
                               CODIFICATION                           
      In subsec. (d) of this section, "chapter 51 and subchapter III of
    chapter 53" substituted for "the Classification Act of 1949" on
    authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.
    631, the first section of which enacted Title 5, Government
    Organization and Employees.
      In the second sentence of this section, provisions that
    authorized the appointment of a Deputy Director and that authorized
    the employment of certified public accountants, qualified cost
    accountants, industrial engineers, appraisers, and other experts
    without regard to "the Classification Act of 1923", were omitted as
    obsolete. Sections 1202 and 1204 of the Classification Act of 1949,
    63 Stat. 972, 973, repealed the 1923 Act and all laws or parts of
    laws inconsistent with the 1949 Act. While section 1106(a) of the
    1949 Act provided that references in other laws to the 1923 Act
    should be held and considered to mean the 1949 Act, it did not have
    the effect of continuing the exceptions contained in this sentence
    because of section 1106(b) which provided that the application of
    the 1949 Act to any position, officer, or employee shall not be
    affected by section 1106(a). The Classification Act of 1949 was
    repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632
    (of which section 1 revised and enacted Title 5 into law). Section
    5102 of Title 5 contains the applicability provisions of the 1949
    Act, and section 5103 of Title 5 authorizes the Office of Personnel
    Management to determine the applicability to specific positions and
    employees.

-MISC1-
                                AMENDMENTS                            
      1966 - Subsec. (a). Pub. L. 89-554 repealed subsec. (a) which
    provided for the appointment, pay, and term of the Director of
    Contract Settlement. This office was abolished previously by Reorg.
    Plan No. 1 of 1947.
      1949 - Subsec. (d). Act Oct. 28, 1949, substituted
    "Classification Act of 1949" for "Classification Act of 1923".

                                  REPEALS                              
      Act Oct. 28, 1949, ch. 782, cited as a credit to this section,
    was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.
    6, 1966, Sec. 8, 80 Stat. 632, 655.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.
      Subsec. (a), establishing the Office of Contract Settlement to be
    headed by the Director of Contract Settlement and providing for the
    appointment of the Director by the President with the advice and
    consent of the Senate with compensation of $12,000 per year and a
    term of two years, was repealed, and references in the remainder of
    this section to "Director" were changed to "Secretary" by section 8
    of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947.
    Reorg. Plan No. 1 of 1947 is set out in the Appendix to Title 5,
    Government Organization and Employees.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

-End-

-CITE-
    41 USC Sec. 105                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 105. Contract Settlement Advisory Board; composition; duties

-STATUTE-
      There is created a Contract Settlement Advisory Board, with which
    the Administrator of General Services shall advise and consult. The
    Board shall be composed of the Administrator of General Services
    who shall act as its Chairman, and of the Secretary of the Army,
    the Secretary of the Navy, the Secretary of Transportation, the
    Secretary of State, the chairman of the board of directors of the
    Reconstruction Finance Corporation, Secretary of Commerce, and the
    Attorney General or any alternate or representative designated by
    any of them. The Administrator of General Services shall request
    other Government agencies to participate in the deliberations of
    the Board whenever matters specially affecting them are under
    consideration.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 5, 58 Stat. 651; Ex. Ord. No. 9630,
    Sec. 1, eff. Sept. 27, 1945, 10 F.R. 12245; Ex. Ord. No. 9638, Sec.
    1, eff. Oct. 4, 1945, 10 F.R. 12591; Ex. Ord. No. 9665, Sec. 2,
    eff. Dec. 27, 1945, 10 F.R. 15365; Ex. Ord. No. 9730, Sec. 1, eff.
    May 27, 1946, 11 F.R. 5777; Ex. Ord. No. 9809, Sec. 8, eff. Dec.
    12, 1946, 11 F.R. 14281; Ex. Ord. No. 9841, Secs. 101, 203, eff.
    Apr. 23, 1947, 12 F.R. 2645; 1947 Reorg. Plan No. 1, Sec. 201, eff.
    July 1, 1947, 12 F.R. 4534, 61 Stat. 951; July 26, 1947, ch. 343,
    title II, Sec. 205(a), 61 Stat. 501; June 30, 1949, ch. 288, title
    I, Sec. 102(b), 63 Stat. 380; Pub. L. 97-31, Sec. 12(17), Aug. 6,
    1981, 95 Stat. 154.)

-MISC1-
                                AMENDMENTS                            
      1981 - Pub. L. 97-31 substituted "Secretary of Transportation"
    for "Chairman of the Maritime Commission".

-CHANGE-
                              CHANGE OF NAME                          
      Department of War designated Department of the Army and title of
    Secretary of War changed to Secretary of the Army by section 205(a)
    of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
    205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
    10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
    enacted "Title 10, Armed Forces" which in sections 3010 to 3013
    continued Department of the Army under administrative supervision
    of Secretary of the Army.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Contract Settlement Advisory Board and all its property, records,
    etc., transferred to General Services Administration, but with the
    functions of the Board to be performed by the Board under
    conditions and limitations prescribed by law, by section 102(b) of
    act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to
    section 752(b) of former Title 40, Public Buildings, Property, and
    Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21,
    2002, 116 Stat. 1304.
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, and was repealed by Pub. L. 107-217, Sec. 6(b),
    Aug. 21, 2002, 116 Stat. 1304.
      Contract Settlement Advisory Board transferred to Department of
    the Treasury by section 8 of Ex. Ord. No. 9809 and section 201 of
    Reorg. Plan No. 1 of 1947. Reorg. Plan No. 1 of 1947 is set out in
    the Appendix to Title 5, Government Organization and Employees.
      In text of this section, references to "Director" changed to
    "Secretary of the Treasury" and phrase "the Secretary of the
    Treasury" following reference to Secretary of the Navy was omitted
    by section 8 of Ex. Ord. No. 9809, and section 201 of Reorg. Plan
    No. 1 of 1947.
      Administrator of Foreign Economic Administration changed to
    Secretary of State in view of Ex. Ord. No. 9630, as amended by Ex.
    Ord. No. 9730.
      "Secretary of Commerce" substituted for references to Chairman of
    War Production Board and chairman and board of directors of Smaller
    War Plants Corporation. War Production Board functions transferred
    to Civilian Production Administration, to Office of Temporary
    Controls, and then to Secretary of Commerce by Ex. Ord. Nos. 9638,
    9809, and 9481, respectively. Functions of chairman and Board of
    Directors of Smaller War Plants Corporation transferred to
    Secretary of Commerce by Ex. Ord. No. 9665.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

                        SECRETARY OF THE AIR FORCE                    
      For transfer of certain procurement and related functions and
    property, insofar as they pertain to the Air Force, from Secretary
    of the Army and Department of the Army, to Secretary of the Air
    Force and Department of the Air Force, see Secretary of Defense
    Transfer Order No. 6, eff. Jan. 15, 1948.

              ABOLITION OF RECONSTRUCTION FINANCE CORPORATION          
      Reorg. Plan No. 1 of 1957, Sec. 6(a), eff. June 30, 1957, 22 F.R.
    4633, 71 Stat. 647, set out in the Appendix to Title 5, Government
    Organization and Employees, abolished Reconstruction Finance
    Corporation.

-MISC2-
                      TERMINATION OF ADVISORY BOARDS                  
      Advisory boards in existence on Jan. 5, 1973, to terminate not
    later than the expiration of the 2-year period following Jan. 5,
    1973, unless, in the case of a board established by the President
    or an officer of the Federal Government, such board is renewed by
    appropriate action prior to the expiration of such 2-year period,
    or in the case of a board established by the Congress, its duration
    is otherwise provided by law. See sections 3(2) and 14 of Pub. L.
    92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
    Title 5, Government Organization and Employees.

-End-

-CITE-
    41 USC Sec. 106                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 106. Basis for settlement of termination claims

-STATUTE-
    (a) Priority to private contractors
      It is the policy of the Government, and it shall be the
    responsibility of the contracting agencies and the Administrator of
    General Services to provide war contractors with speedy and fair
    compensation for the termination of any war contract, in accordance
    with and subject to the provisions of this chapter, giving priority
    to contractors whose facilities are privately owned or privately
    operated. Such fair compensation for the termination of
    subcontracts shall be based on the same principles as compensation
    for the termination of prime contracts.
    (b) Establishment of methods and standards
      Each contracting agency shall establish methods and standards,
    suitable to the conditions of various war contractors, for
    determining fair compensation for the termination of war contracts
    on the basis of actual, standard, average, or estimated costs, or
    of a percentage of the contract price based on the estimated
    percentage of completion of work under the terminated contract, or
    on any other equitable basis, as it deems appropriate. To the
    extent that such methods and standards require accounting, they
    shall be adapted, so far as practicable, to the accounting systems
    used by war contractors, if consistent with recognized commercial
    accounting practice.
    (c) Conclusiveness of settlement
      Any contracting agency may settle all or any part of any
    termination claim under any war contract by agreement with the war
    contractor, or by determination of the amount due on the claim or
    part thereof without such agreement, or by any combination of these
    methods. Where any such settlement is made by agreement, the
    settlement shall be final and conclusive, except (1) to the extent
    otherwise agreed in the settlement; (2) for fraud; (3) upon
    renegotiation to eliminate excessive profits under section 1191 of
    Appendix to title 50, unless exempt or exempted under such section;
    or (4) by mutual agreement before or after payment. Where any such
    settlement is made by determination without agreement, it shall
    likewise be final and conclusive, subject to the same exceptions as
    if made by agreement, unless the war contractor appeals or brings
    suit in accordance with section 113 of this title: Provided, That
    no settlement agreement hereunder involving payment to a war
    contractor of an amount in excess of $50,000 (or such lesser amount
    as the Administrator of General Services may from time to time
    determine) shall become binding upon the Government until the
    agreement has been reviewed and approved by a settlement review
    board of three or more members established by the contracting
    agency in the bureau, division, regional or district office, or
    other unit of the contracting agency authorized to make such
    settlement, or in the event of disapproval by the settlement review
    board, unless approved by the head of such bureau, division,
    regional or district office, or other unit. Failure of the
    settlement review board to act upon any settlement within thirty
    days after its submission to the board shall operate as approval by
    the board. The sole function of settlement review boards shall be
    to determine the over-all reasonableness of proposed settlement
    agreements from the point of view of protecting the interests of
    the Government. In determining, for purposes of this subsection,
    whether review of any settlement agreement is required because of
    the amounts involved, no deduction shall be made on account of
    credits for property chargeable to the Government or for advance or
    partial payments, but amounts payable under such settlement
    agreement for completed articles or work at the contract price and
    for the discharge of the termination claims of subcontractors shall
    be deducted.
    (d) Allowable costs
      Except as hereinafter provided, the methods and standards
    established under subsection (b) of this section for determining
    fair compensation for termination claims which are not settled by
    agreement shall be designed to compensate the war contractor fairly
    for the termination of the war contract, taking into account - 
        (1) the direct and indirect manufacturing, selling and
      distribution, administrative and other costs and expenses
      incurred by the war contractor which are reasonably necessary for
      the performance of the war contract and properly allocable to the
      terminated portion thereof under recognized commercial accounting
      practices; and
        (2) reasonable costs and expenses of settling termination
      claims of subcontractors related to the terminated portion of the
      war contract; and
        (3) reasonable accounting, legal, clerical, and other costs and
      expenses incident to termination and settlement of the terminated
      war contract; and
        (4) reasonable costs and expenses of removing, preserving,
      storing and disposing of termination inventories; and
        (5) such allowance for profit on the preparations made and work
      done for the terminated portion of the war contract as is
      reasonable under the circumstances; and
        (6) interest on the termination claim in accordance with
      subsection (f) of this section; and
        (7) the contract price and all amounts otherwise paid or
      payable under the contract.

      The following shall not be included as elements of cost:
        (i) Losses on other contracts, or from sales or exchanges of
      capital assets, fees and other expenses in connection with
      reorganization or recapitalization, antitrust or Federal income-
      tax litigation, or prosecution of Federal income-tax claims or
      other claims against the Government (except as provided in
      paragraph (3) of this subsection); losses on investments;
      provisions for contingencies; and premiums on life insurance
      where the contractor is the beneficiary.
        (ii) The expense of conversion of the contractor's facilities
      to uses other than the performance of the contract.
        (iii) Expenses due to the negligence or willful failure of the
      contractor to discontinue with reasonable promptness the
      incurring of expenses after the effective date of the termination
      notice.
        (iv) Costs incurred in respect to facilities, materials, or
      services purchased or work done in excess of the reasonable
      quantitative requirements of the entire contract.

      The failure specifically to mention in this subsection any item
    of cost is not intended to imply that it should be allowed or
    disallowed. The Administrator of General Services may interpret the
    provisions of this subsection and may provide for the inclusion or
    exclusion of other costs in accordance with recognized commercial
    accounting practice.
      Where the small size of claims or the nature of production or
    performance or other factors make it impracticable to apply the
    principles stated in this subsection to any class of settlements
    which are subject to this subsection, the contracting agencies may
    establish alternative methods and standards for determining fair
    compensation for that class of termination claims. The aggregate
    amount of compensation allowed in accordance with this subsection
    (excluding amounts allowed under paragraphs (3) and (4) of this
    subsection) shall not exceed the total contract price reduced by
    the amount of payments otherwise made or to be made under the
    contract.
    (e) Settlement by agreement
      In order to carry out the objectives of this chapter, termination
    claims shall be settled by agreement to the maximum extent feasible
    and the methods and standards established under subsection (b) of
    this section shall be designed to facilitate such settlements. To
    the extent that he deems it practicable to do so without impeding
    expeditious settlements, the Administrator of General Services
    shall require the contracting agencies to take into account the
    factors enumerated in subsection (d) of this section in
    establishing methods and standards for determining fair
    compensation in the settlement of termination claims by agreement.
    (f) Interest
      Each contracting agency shall allow and pay interest on the
    amount due and unpaid from time to time on any termination claim
    under a prime contract at the rate of 2 1/2  per centum per annum
    for the period beginning thirty days after the date fixed for
    termination and ending with the date of final payment, except that
    (1) if the prime contractor unreasonably delays the settlement of
    his claim, interest shall not accrue for the period of such delay,
    (2) if interest for the period after termination on any advance
    payment or loan, made or guaranteed by the Government, has been
    waived for the benefit of the contractor, the amount of the
    interest so waived allocable to the terminated contract or the
    terminated part of the contract shall be deducted from the interest
    otherwise payable hereunder, and (3) if after delivery of findings
    by a contracting agency, the contractor appeals or sues as provided
    in section 113 of this title, interest shall not accrue after the
    thirtieth day following the delivery of the findings on any amount
    allowed by such findings, unless such amount is increased upon such
    appeal or suit. In approving, ratifying, authorizing, or making
    termination settlements with subcontractors, each contracting
    agency shall allow interest on the termination claim of the
    subcontractor on the same basis and subject to the same conditions
    as are applicable to a prime contractor.
    (g) Amendment of contracts
      Where any war contract does not provide for or provides against
    such fair compensation for its termination, the contracting agency,
    either before or after its termination, shall amend such war
    contract by agreement with the war contractor, or shall authorize,
    approve, or ratify an amendment of such war contract by the parties
    thereto, to provide for such fair compensation.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 6, 58 Stat. 652; Ex. Ord. No. 9809,
    Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1,
    Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30,
    1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1191 of the Appendix to title 50, referred to in subsec.
    (c), was omitted from the Code. See note set out under section 1191
    of Title 50, Appendix, War and National Defense.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.
      "Secretary" substituted for "Director" by section 8 of Ex. Ord.
    No. 9809 and section 201 of Reorg. Plan No. 1 of 1947. Reorg. Plan
    No. 1 of 1947 is set out in the Appendix to Title 5, Government
    Organization and Employees.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

-MISC1-
                  APPLICATION TO TERMINATED WAR CONTRACTS              
      For application of this section to war contracts terminated at or
    before July 21, 1944, see section 124 of this title.

       SETTLEMENT OF CLAIMS FOR WAR CONTRACT LOSSES INCURRED BETWEEN
                  SEPTEMBER 16, 1940, AND AUGUST 14, 1945
      Act Aug. 7, 1946, ch. 864, 60 Stat. 902, as amended by June 25,
    1948, ch. 646, Sec. 37, 62 Stat. 992; Aug. 30, 1954, ch. 1076, Sec.
    1(2), 68 Stat. 966, provided that if work, supplies, or services
    were provided for any department or agency of the Government, under
    a contract or subcontract, between Sept. 16, 1940, and Aug. 14,
    1945, and a loss was incurred by the contractors or subcontractors
    without fault or negligence on their part, then those departments
    or agencies were authorized to adjust and settle these losses on a
    fair and equitable basis, if claims were filed within six months
    after Aug. 7, 1946, and granted claimants dissatisfied with the
    settlement the right of judicial review.

-End-

-CITE-
    41 USC Sec. 107                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 107. Settlement of subcontractors' claims

-STATUTE-
    (a) Conclusiveness of settlement
      Where, in connection with the settlement of any termination claim
    by a contracting agency, any war contractor makes settlements of
    the termination claims of his subcontractors, the contracting
    agency shall limit or omit its review of such settlements with
    subcontractors to the maximum extent compatible with the public
    interest. Any contracting agency (1) may approve, ratify, or
    authorize such settlements with subcontractors upon such evidence,
    terms, and conditions as it deems proper; (2) shall vary the scope
    and intensity of its review of such settlements according to the
    reliability of the war contractor, the size, number, and complexity
    of such claims, and other relevant factors; and (3) shall authorize
    war contractors to make such settlements with subcontractors
    without review by the contracting agency, whenever the reliability
    of the war contractor, the amount or nature of the claims, or other
    reasons appear to the contracting agency to justify such action.
    Any such settlement of a subcontract approved, ratified, or
    authorized by a contracting agency shall be final and conclusive as
    to the amount due to the same extent as a settlement under
    subsection (c) of section 106 of this title, and no war contractor
    shall be liable to the United States on account of any amounts paid
    thereon except for his own fraud.
    (b) Supervision of payments to war contractors
      Whenever any contracting agency is satisfied of the inability of
    a war contractor to meet his obligations it shall exercise
    supervision or control over payments to the war contractor on
    account of termination claims of subcontractors of such war
    contractor to such extent and in such manner as it deems necessary
    or desirable for the purpose of assuring the receipt of the benefit
    of such payments by the subcontractors.
    (c) Group settlements
      The Administrator of General Services shall prescribe policies
    and methods for the settlement as a group, or otherwise, by any
    contracting agency of some or all of the termination claims of a
    war contractor under war contracts with one or more (1) bureaus or
    divisions within a contracting agency, (2) contracting agencies, or
    (3) prime contractors and subcontractors, to the extent he deems
    such action necessary or desirable for expeditious and equitable
    settlement of such claims. After consulting with the contracting
    agencies concerned, the Administrator of General Services may
    provide for assigning any war contractor to a contracting agency
    for such settlement, and such agency shall have authority to
    settle, on behalf of any other contracting agency, some or all of
    the termination claims of such war contractor.
    (d) Direct settlement by contracting agency
      Any contracting agency may settle directly termination claims of
    subcontractors to the extent that it deems such action necessary or
    desirable for the expeditious and equitable settlement of such
    claims. In making such termination settlements any contracting
    agency may discharge the claim of the subcontractor by payment or
    may purchase such claim, and may agree to assume, or indemnify the
    subcontractor against, any claims by any person in connection with
    such claim or the termination settlement. Any contracting agency
    undertaking to settle the termination claim of any subcontractor
    shall deliver to the subcontractor and the war contractor liable to
    him written notice stating its acceptance of responsibility for
    settling his claim and the conditions applicable thereto, which may
    include the release, or assignment to the contracting agency, of
    his claim against the war contractor liable to him; upon consent
    thereto by the subcontractor, the Government shall become liable
    for the settlement of his claims upon the conditions specified in
    the notice.
    (e) Amount of settlement
      Any contracting agency may make settlements with subcontractors
    in accordance with any of the provisions of this chapter without
    regard to any limitation on the amount payable by the Government to
    the prime contractor.
    (f) Equitable payments
      If any contracting agency determines that in the circumstances of
    a particular case equity and good conscience require fair
    compensation for the termination of a war contract to be paid to a
    subcontractor who has been deprived of and cannot otherwise
    reasonably secure such fair compensation, the contracting agency
    concerned may pay such compensation to him although such
    compensation already has been included and paid as part of a
    settlement with another war contractor.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 7, 58 Stat. 654; Ex. Ord. No. 9809,
    Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1,
    Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30,
    1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.
      "Secretary" substituted for "Director" by section 8 of Ex. Ord.
    No. 9809 and section 201 of Reorg. Plan No. 1 of 1947. Reorg. Plan
    No. 1 of 1947 is set out in the Appendix to Title 5, Government
    Organization and Employees.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

-MISC1-
                  APPLICATION TO TERMINATED WAR CONTRACTS              
      For application of this section to war contracts terminated at or
    before July 21, 1944, see section 124 of this title.

-End-

-CITE-
    41 USC Sec. 108                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 108. Interim financing

-STATUTE-
    (a) Prime contractors
      It is the policy of the Government, and it shall be the
    responsibility of the contracting agencies and the Administrator of
    General Services, in accordance with and subject to the provisions
    of this chapter, to provide war contractors having any termination
    claim or claims, pending their settlement, with adequate interim
    financing, within thirty days after proper application therefor.
    (b) Method of financing; amounts payable
      Each contracting agency shall, to the greatest extent it deems
    practicable, make available interim financing through loans and
    discounts, and commitments and guaranties in connection therewith,
    in contemplation of or related to termination of war contracts.
    Where interim financing is made by advance payments or partial
    payments, it shall, insofar as practicable, consist of the
    following:
        (1) An amount equal to 100 per centum of the amount payable, at
      the contract price, on account of acceptable items completed
      prior to the termination date under the terms of the contract, or
      completed thereafter with the approval of the contracting agency;
      plus
        (2) An amount equal to 90 per centum of the cost of raw
      materials, purchased parts, supplies, direct labor, and
      manufacturing overhead allocable to the terminated portion of the
      war contract; plus
        (3) A reasonable percentage of other allowable costs, including
      administrative overhead, allocable to the terminated portion of
      the war contract not included in the foregoing; plus
        (4) Such additional amounts, if any, as the contracting agency
      deems necessary to provide the war contractor with adequate
      interim financing.
        (5) In lieu of the costs referred to in clauses (2) and (3) of
      this subsection, where a detailed ascertainment of such costs is
      not suitable to the conditions of any war contractor and is apt
      to cause delay in the obtaining of interim financing by him, that
      portion of such interim financing shall be equal to an amount not
      greater than 90 per centum of the estimated costs which are
      allocable to the terminated part or parts of the war contract or
      group of war contracts, and are ascertained in accordance with
      such methods and standards as the Administrator of General
      Services shall prescribe.
        (6) There shall be deducted from the amount of such interim
      financing any unliquidated balances of advance and partial
      payments theretofore made to such war contractor, which are
      allocable to the terminated war contract or the terminated part
      of the war contract.
    (c) Evidence to support financing
      The Administrator of General Services shall prescribe (1) the
    types of estimates, certificates, or other evidence to be required
    to support such interim financing; (2) the terms and conditions
    upon which such interim financing shall be made including the use
    of standard forms for agreements with respect to such interim
    financing to the extent practicable; (3) the classes of cases in
    which such interim financing shall be refused; and (4) such methods
    of supervision and control over such interim financing as he deems
    necessary or desirable to assure adequate and speedy interim
    financing to subcontractors of the war contractor.
    (d) Penalty for overstatement of claims
      In case of an overstatement by any war contractor of the amount
    due on his termination claim or claims in connection with any
    interim financing under this chapter, such contractor shall pay to
    the United States, as a penalty, an amount equal to 6 per centum of
    the amount of the overstatement, but the Administrator of General
    Services may suspend or modify any such penalty if in his opinion
    the imposition thereof would be inequitable. Any penalty may be
    deducted from any amounts due the war contractor upon such
    termination claim or claims, or otherwise, or may be collected from
    the war contractor by suit. The obligation to pay any penalty
    imposed and to repay any interim financing made or assumed by the
    United States under this chapter shall constitute a debt due to the
    United States within the meaning of section 3713(a) of title 31.
    (e) Advance payments as part of termination settlement
      Any contracting agency may allow any advance payments, previously
    made or authorized by it in connection with the performance of a
    war contract, to be used for payments and expenses related to the
    termination settlement of such contract, upon such terms and
    conditions as it deems necessary or appropriate to protect the
    interest of the Government.
    (f) Liquidation of loans, etc., prior to final settlement
      No interim financing shall be made by any contracting agency
    under this chapter unless the terms of such financing provide for
    the liquidation by the war contractor of all loans, discounts,
    advance payments, or partial payments thereunder not later than the
    time of final payment of the amount due on the settlement of the
    termination claim or claims of the war contractor involved or such
    time thereafter as the contracting agency deems necessary for the
    liquidation of such interim financing in an orderly manner.
    (g) Settlement of claims; validation of prior financing
      Any contracting agency may settle, upon such terms and conditions
    as it deems proper, any claim or obligation due by or to the
    Government arising from or related to any interim financing made,
    acquired, or authorized by it. Any interim financing made,
    acquired, or authorized by any contracting agency before July 21,
    1944, shall be valid to the extent it would be authorized under the
    provisions of this chapter if made after its effective date.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 8, 58 Stat. 655; Ex. Ord. No. 9809,
    Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1,
    Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30,
    1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.)

-COD-
                               CODIFICATION                           
      In subsec. (d), "section 3713(a) of title 31" substituted for
    "Revised Statutes, section 3466 (31 U.S.C., sec. 191)" on authority
    of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the
    first section of which enacted Title 31, Money and Finance.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.
      "Secretary" substituted for "Director" by section 8 of Ex. Ord.
    No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in
    the Appendix to Title 5, Government Organization and Employees.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

-MISC1-
                  APPLICATION TO TERMINATED WAR CONTRACTS              
      For application of this section to war contracts terminated at or
    before July 21, 1944, see section 124 of this title.

-End-

-CITE-
    41 USC Sec. 109                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 109. Advance or partial payments to subcontractors; excessive
      payments, interest, liability of war contractor

-STATUTE-
      (a) Any contracting agency may make advance or partial payments
    to any war contractor on account of any termination claim or
    claims, and may authorize, approve, or ratify any such advance or
    partial payments by any war contractor to his subcontractors, upon
    such conditions as it deems necessary to insure compliance with the
    provisions of subsection (b) of this section. Each contracting
    agency shall make final payments from time to time on partial
    settlements or on settlements fixing a minimum amount due before
    complete settlement, or as tentative payments before any settlement
    of the claim or claims.
      (b) Where any such advance or partial payment is made to any war
    contractor by any contracting agency or by another war contractor
    under this section, except a final payment on a partial settlement,
    any amount in excess of the amount finally determined to be due on
    the termination claim shall be treated as a loan from the
    Government to the war contractor receiving it, and shall be payable
    upon demand together with a penalty computed at the rate of 6 per
    centum per annum, for the period from the date such excess advance
    or partial payment is received to the date on which such excess is
    repaid or extinguished. Where the advance or partial payment was
    made by a war contractor and authorized, approved, or ratified by
    any contracting agency, the war contractor making it shall not be
    liable for any such excess payment in the absence of fraud on his
    part and shall receive payment or credit from the Government for
    the amount of such excess payment.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 9, 58 Stat. 657.)

-MISC1-
                  APPLICATION TO TERMINATED WAR CONTRACTS              
      For application of this section to war contracts terminated at or
    before July 21, 1944, see section 124 of this title.

-End-

-CITE-
    41 USC Sec. 110                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 110. Guarantee of loans, advances, etc.

-STATUTE-
    (a) By contract
      Any contracting agency is authorized - 
        (1) to enter into contracts with any Federal Reserve bank, or
      other public or private financing institution, guaranteeing such
      financing institution against loss of principal or interest on
      loans, discounts, or advances or on commitments in connection
      therewith, which such financing institution may make to any war
      contractor or to any person who is or has been engaged in
      performing any operation deemed by such contracting agency to be
      connected with or related to war production, for the purpose of
      financing such war contractor or other person in connection with
      or in contemplation of the termination of one or more such war
      contracts or operations; and
        (2) to make, enter into contracts to make, or to participate
      with any Government agency, any Federal Reserve bank or public or
      private financing institution in making loans, discounts, or
      advances, or commitments in connection therewith, for the purpose
      of financing any such war contractor or other person in
      connection with or in contemplation of the termination of such
      war contracts or operations.
    (b) By assignment
      Any such loan, discount, advance, guaranty, or commitment in
    connection therewith may be secured by assignment of, or covenants
    to assign, some or all of the rights of such war contractor or
    other person in connection with the termination of such war
    contracts or operations, or in such other manner as the contracting
    agency may prescribe.
    (c) Federal Reserve bank as fiscal agent
      Subject to such regulations as the Board of Governors of the
    Federal Reserve System may prescribe with the approval of the
    Administrator of General Services, any Federal Reserve bank is
    authorized to act, on behalf of the contracting agencies, as fiscal
    agent of the United States in carrying out the purposes of this
    chapter.
    (d) Application of other laws
      This section shall not limit or affect any authority of any
    contracting agency, under any other statute, to make loans,
    discounts, or advances, or commitments in connection therewith or
    guaranties thereof.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 10, 58 Stat. 657; Ex. Ord. No. 9809,
    Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1,
    Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30,
    1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.
      "Secretary" substituted for "Director" by section 8 of 1946 Ex.
    Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out
    in the Appendix to Title 5, Government Organization and Employees.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

-MISC1-
                  APPLICATION TO TERMINATED WAR CONTRACTS              
      For application of this section to war contracts terminated at or
    before July 21, 1944, see section 124 of this title.

-End-

-CITE-
    41 USC Sec. 111                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 111. Termination of contracts

-STATUTE-
    (a) Advance notice; prime contracts
      In order to facilitate the efficient use of materials, manpower,
    and facilities for war and civilian purposes, each contracting
    agency - 
        (1) shall provide its prime contractors with notice of
      termination of their prime contracts as far in advance of the
      cessation of work thereunder as is feasible and consistent with
      the national security without permitting unneeded production or
      performance;
        (2) shall establish procedures whereby prime contractors shall
      provide affected subcontractors with immediate notice of
      termination; and
        (3) shall permit the continuation of some or all of the work
      under a terminated prime contract whenever the agency deems that
      such continuation will benefit the Government or is necessary to
      avoid substantial injury to the plant or property.
    (b) Cessation of work without termination
      Whenever a contracting agency hereafter directs a prime
    contractor to cease or suspend all or a substantial part of the
    work under a prime contract, without terminating the contract,
    then, unless the contract provides otherwise, (1) the contracting
    agency shall compensate the contractor for reasonable costs and
    expenses resulting from such cessation or suspension, and (2) if
    the cessation or suspension extends for thirty days or more, the
    contractor may elect to treat it as a termination by delivering
    written notice of his election so to do to the contracting agency,
    at any time before the contracting agency directs the prime
    contractor to resume work under the contract.
    (c) Authority of Administrator of General Services; classes of
      contracts
      The Administrator of General Services shall have no authority
    under this chapter to regulate or control the classes of contracts
    to be terminated by the contracting agencies.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 11, 58 Stat. 658; Ex. Ord. No. 9809,
    Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1,
    Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30,
    1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.
      "Secretary" substituted for "Director" by section 8 of Ex. Ord.
    No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in
    the Appendix to Title 5, Government Organization and Employees.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

-End-

-CITE-
    41 USC Sec. 112                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 112. Removal and storage of materials

-STATUTE-
    (a) Termination inventory
      It is the policy of the Government, upon the termination of any
    war contract, to assure the expeditious removal from the plant of
    the war contractor of the termination inventory not to be retained
    or sold by the war contractor.
    (b) Statement on material of inventory
      Any war contractor may submit to the contracting agency concerned
    or to any other Government agency designated by the Administrator
    of General Services, one or more statements showing the materials
    which such war contractor claims to be termination inventory under
    one or more war contracts and desires to have removed by the
    Government. Such statements shall be prepared in such form and
    detail, shall be submitted in such manner, through the prime
    contractor or otherwise, and shall be supported by such
    certificates or other data, as may be prescribed under this
    chapter.
    (c) Removal and storage by Government agency
      Within sixty days after the submission of any such statement by a
    war contractor, or such shorter period as may be prescribed under
    this chapter, or within such longer period as the war contractor
    may agree, the Government agency concerned (1) shall arrange, upon
    such terms and conditions as may be agreed, for the storage by the
    war contractor on his own premises or elsewhere of all such claimed
    termination inventory which the war contractor does not retain or
    dispose of, except any part which may be determined not to be
    allocable to the terminated war contract or contracts, or (2) shall
    remove from the plant or plants of the war contractor all of such
    claimed termination inventory not retained, disposed of, or stored
    by the war contractor or determined not to be allocable to the
    terminated war contract or contracts.
    (d) Removal and storage by war contractor
      Upon the failure of the Government so to arrange for storage by
    the war contractor or to remove any termination inventory within
    the period specified under subsection (c) of this section, the war
    contractor, subject to regulations prescribed under this chapter,
    may remove some or all of such termination inventory from his plant
    or plants and may store it on his own premises or elsewhere for the
    account and at the risk and expense of the Government, using
    reasonable care for its transportation and preservation. If any war
    contractor intends so to remove any claimed termination inventory,
    he shall deliver to the Government agency concerned written notice
    of the date fixed for removal and a statement showing the
    quantities and condition of the materials so to be removed,
    certified on behalf of the war contractor to have been prepared in
    accordance with a concurrent physical inventory of such materials.
    Such notice and statement shall be delivered at least twenty days
    in advance of the date fixed for removal and may be delivered
    before or after the expiration of the period specified under
    subsection (c) of this section. If the Government agency fails to
    check such materials, at or before the time of their removal by the
    war contractor, a certificate of the war contractor specifying the
    materials shown on such statement which were so removed, and filed
    with the Government agency concerned within thirty days after the
    date fixed for removal, shall constitute prima facie evidence
    against the United States as to the quantities and condition of the
    materials so removed, and the fact of their removal.
    (e) Acquisition by Government agency of inventory material;
      liability
      Notwithstanding any other provisions of law, but subject to
    subsection (h) of this section, the contracting agency concerned or
    the Administrator of General Services, or any Government agency
    designated by him, on behalf of the United States, may, by the
    exercise of any contract rights or otherwise, acquire and take
    possession of any termination inventory of any war contractor, and
    any materials removed by the Government or stored for its account
    under subsections (c) and (d) of this section, whether or not such
    materials are finally determined not to constitute termination
    inventory. With respect to any such materials, the Government shall
    be liable to any war contractor concerned only for their return to
    such war contractor or for their disposal value at the time of
    their removal or for the proceeds realized by the Government from
    their disposal, at the election of the Government agency concerned,
    unless the Government agency and the war contractor agree or have
    agreed on a different basis. Any amount so paid or payable to a war
    contractor for materials allocable to a terminated war contract
    shall be credited against the termination claim under such contract
    but shall not otherwise affect the amount due on the claim, unless
    the Government agency concerned and the war contractor agree or
    have agreed otherwise. Any materials to which the Administrator of
    General Services takes title under this section shall be delivered
    for disposal to any appropriate Government agency authorized to
    make such disposal.
    (f) Postponement or delay of termination settlement
      No contracting agency shall postpone or delay any termination
    settlement beyond the period specified in subsection (c) of this
    section for the purpose of awaiting disposal by the war contractor
    or the Government of any termination inventory reported in
    accordance with subsection (b) of this section.
    (g) Government-owned machinery
      Whenever any war contractor no longer requires, for the
    performance of any war contract, any Government-owned machinery,
    tools, or equipment installed in his plant for the performance of
    one or more war contracts, the Government agency concerned, upon
    written demand by the war contractor, and within sixty days after
    such demand or such other period as may be prescribed under this
    chapter, and upon such conditions as may be so prescribed, shall
    remove or provide for the removal of such machinery, tools, or
    equipment from such plant, unless the Government agency concerned
    and the war contractor, by facilities contract or otherwise, have
    made or make other provisions for the retention, storage,
    maintenance, or disposition of such machinery, tools or equipment.
    The Government agency concerned may waive or release on behalf of
    the United States any obligation of the war contractor with respect
    to such machinery, tools, or equipment upon such terms and
    conditions as the agency deems appropriate. Upon the failure of the
    Government so to remove or provide for removal of any such
    machinery, tools, or equipment, the war contractor, subject to
    regulations prescribed under this chapter, may remove all or part
    of such machinery, tools, or equipment from his plant and may store
    it on his own premises or elsewhere, for the account and at the
    risk and expense of the Government, using reasonable care for its
    transportation and preservation.
    (h) Limitation on Government acquisition of inventories
      Nothing in this chapter shall limit or affect the authority of
    the Department of the Army, Department of the Air Force, Navy
    Department, or the Department of Transportation, respectively, to
    take over any termination inventories and to retain them for their
    use for any purpose or to dispose of such termination inventories
    for the purpose of war production, or to authorize any war
    contractor to retain or dispose of such termination inventories for
    the purpose of war production.
    (i) Removal and storage by war contractor at own risk
      Nothing in this section shall be construed to prevent the removal
    and storage of any termination inventory by any war contractor, at
    his own risk, at any time after termination of any war contract to
    which it is allocable.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 12, 58 Stat. 658; Ex. Ord. No. 9809,
    Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1,
    Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; July 26,
    1947, ch. 343, title II, Secs. 205(a), 207(a), (f), 61 Stat. 501-
    503; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380;
    Pub. L. 97-31, Sec. 12(18), Aug. 6, 1981, 95 Stat. 154.)

-MISC1-
                                AMENDMENTS                            
      1981 - Subsec. (h). Pub. L. 97-31 substituted "the Department of
    Transportation" for "Maritime Commission".

-CHANGE-
                              CHANGE OF NAME                          
      Department of the Air Force inserted under the authority of
    section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61
    Stat. 502, 503, and Secretary of Defense Transfer Order No. 6, eff.
    Jan. 15, 1948. Department of War designated Department of the Army
    and title of Secretary of War changed to Secretary of the Army by
    section 205(a) of such act July 26, 1947. Sections 205(a) and
    207(a), (f) of act July 26, 1947, were repealed by section 53 of
    act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug.
    10, 1956, enacted "Title 10, Armed Forces", which in sections 3010
    to 3013 and 8010 to 8013 continued Departments of the Army and Air
    Force under administrative supervision of Secretary of the Army and
    Secretary of the Air Force, respectively.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.
      "Secretary" substituted for "Director" by section 8 of Ex. Ord.
    No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in
    the Appendix to Title 5, Government Organization and Employees.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

-MISC2-
                  APPLICATION TO TERMINATED WAR CONTRACTS              
      For application of subsecs. (b) to (e) of this section to war
    contracts terminated at or before July 21, 1944, see section 124 of
    this title.

-End-

-CITE-
    41 USC Sec. 113                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 113. Appeals

-STATUTE-
    (a) Failure to settle claims by agreement; preparation of findings;
      notice to war contractor
      Whenever the contracting agency responsible for settling any
    termination claim has not settled the claim by agreement or has so
    settled only a part of the claim, (1) the contracting agency at any
    time may determine the amount due on such claim or such unsettled
    part, and prepare written findings indicating the basis of the
    determination, and deliver a copy of such findings to the war
    contractor, or (2) if the termination claim has been submitted in
    the manner and substantially the form prescribed under this
    chapter, the contracting agency, upon written demand by the war
    contractor for such findings, shall determine the amount due on the
    claim or unsettled part and prepare and deliver such findings to
    the war contractor within ninety days after the receipt by the
    agency of such demand. In preparing such findings, the contracting
    agency may require the war contractor to furnish such information
    and to submit to such audits as may be reasonably necessary for
    that purpose. Within thirty days after the delivery of any such
    findings, the contracting agency shall pay to the war contractor at
    least 90 per centum of the amount thereby determined to be due,
    after deducting the amount of any outstanding interim financing
    applicable thereto.
    (b) Rights of war contractor
      Whenever any war contractor is aggrieved by the findings of a
    contracting agency on his claim or part thereof or by its failure
    to make such findings in accordance with subsection (a) of this
    section, he may bring suit against the United States for such claim
    or such part thereof, in the United States Court of Federal Claims
    or in a United States district court, in accordance with sections
    1346, 2401, and 2402 of title 28, except that, if the contracting
    agency is the Reconstruction Finance Corporation, or any
    corporation organized pursuant to the Reconstruction Finance
    Corporation Act, or any corporation owned or controlled by the
    United States, the suit shall be brought against such corporation
    in any court of competent jurisdiction in accordance with existing
    law.
    (c) Procedure
      Any proceeding under subsection (b) of this section shall be
    governed by the following conditions:
        (1) When any contracting agency provides a procedure within the
      agency for protest against such findings or for other appeal
      therefrom by the war contractor, the war contractor, before
      proceeding under subsection (b) of this section, (i) in his
      discretion may resort to such procedure within the time specified
      in his contract or, if no time is specified, within thirty days
      after the delivery to him of the findings; and (ii) shall resort
      to such procedure for protest or other appeal to the extent
      required by the Administrator of General Services, but failure of
      the contracting agency to act on any such required protest or
      appeal within thirty days shall operate as a refusal by the
      agency to modify its findings. Any revision of the findings by
      the contracting agency, upon protest or appeal within the agency,
      shall be treated as the findings of the agency for the purpose of
      appeal or suit under subsection (b) of this section.
      Notwithstanding any contrary provision in any war contract, no
      war contractor shall be required to protest or appeal from such
      findings within the contracting agency except in accordance with
      this paragraph.
        (2) A war contractor may initiate proceedings in accordance
      with subsection (b) of this section (i) within ninety days after
      delivery to him of the findings by the contracting agency, or
      (ii) in case of protests or appeal within the agency, within
      ninety days after the determination of such protest or appeal, or
      (iii) in case of failure to deliver such findings, within one
      year after his demand therefor. If he does not initiate such
      proceedings within the time specified, he shall be precluded
      thereafter from initiating any proceedings in accordance with
      subsection (b) of this section, and the findings of the
      contracting agency shall be final and conclusive, or if no
      findings were made, he shall be deemed to have waived such
      termination claim.
        (3) Notwithstanding any contrary provision in any war contract,
      the court shall not be bound by the findings of the contracting
      agency, but shall treat such findings as prima facie correct, and
      the burden shall be on the war contractor to establish that the
      amount due on his claim or part thereof exceeds the amount
      allowed by the findings of the contracting agency. Whenever the
      court finds that the war contractor failed to negotiate in good
      faith with the contracting agency for the settlement of his claim
      or part thereof before appeal or suit thereon, or failed to
      furnish to the agency any information reasonably requested by it
      regarding his termination claim or part thereof, or failed to
      prosecute diligently any protest or appeal required to be taken
      under subsection (c)(1)(ii) of this section, the court (i) may
      refuse to receive in evidence any information not submitted to
      the contracting agency; (ii) may deny interest on the claim or
      part thereof for such period as it deems proper; or (iii) may
      remand the case to the contracting agency for further proceedings
      upon such terms as the court may prescribe. Unless the case is
      remanded, the court shall enter the appropriate award or judgment
      on the basis of the law and facts, and may increase or decrease
      the amount allowed by the findings of the contracting agency.
        (4) Any such proceedings shall not affect the authority of the
      contracting agency concerned to make a settlement of the
      termination claim, or any part thereof, by agreement with the war
      contractor at any time before such proceedings are concluded.
    (d) Omitted
    (e) Arbitration
      The contracting agency responsible for settling any claim and the
    war contractor asserting the claim, by agreement, may submit all or
    any part of the termination claim to arbitration, without regard to
    the amount in dispute. Such arbitration proceedings shall be
    governed by the provisions of United States Arbitration Act to the
    same extent as if authorized by an effective agreement in writing
    between the Government and the war contractor. Any such arbitration
    award shall be final and conclusive upon the United States to the
    same extent as a settlement under subsection (c) of section 106 of
    this title, but shall not be subject to approval by any settlement
    review board.
    (f) Conclusiveness of decisions
      Whenever any dispute exists between any war contractor and a
    subcontractor regarding any termination claim, either of them, by
    agreement with the other, may submit the dispute to a contracting
    agency for mediation or arbitration whenever authorized by the
    agency or required by the Administrator of General Services.
      Any award or decision in such proceedings shall be final and
    conclusive as to the parties so submitting any such dispute and
    shall not be questioned by the United States in settling any
    related claim, in the absence of fraud or collusion.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 13, 58 Stat. 660; Ex. Ord. No. 9809,
    Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1,
    Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30,
    1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380; July 14, 1952,
    ch. 739, 66 Stat. 627; Pub. L. 97-164, title I, Sec. 160(a)(14),
    Apr. 2, 1982, 96 Stat. 48; Pub. L. 102-572, title IX, Sec.
    902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Reconstruction Finance Corporation Act, referred to in
    subsec. (b), is act Jan. 22, 1932, ch. 8, 47 Stat. 5, as amended,
    which was classified to chapter 14 (Sec. 601 et seq.) of Title 15,
    Commerce and Trade, and has been eliminated from the Code. For
    complete classification of this Act prior to its elimination from
    the Code, see Tables.
      United States Arbitration Act, referred to in subsec. (e), is
    classified generally to Title 9, Arbitration.

-COD-
                               CODIFICATION                           
      In subsec. (b), "sections 1346, 2401, and 2402 of title 28"
    substituted for "subsection (20) of section 41 of title 28" on
    authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first
    section of which enacted Title 28, Judiciary and Judicial
    Procedure.
      Subsec. (d), which provided for appointment and duties of an
    Appeal Board, was omitted on authority of act July 14, 1952, ch.
    739, 66 Stat. 627, set out as a note below, which abolished the
    Appeal Board and terminated all appeals, effective nine months
    after July 14, 1952. References in other subsections of this
    section to the Appeal Board were omitted in view of act July 14,
    1952. As a result of these omissions, cl. (1) of subsec. (b), which
    authorized a war contractor to appeal to the Appeal Board, was
    deleted, and cl. (2), which permitted suits against the United
    States, became a part of subsec. (b) without numerical designation.

-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b). Pub. L. 102-572 substituted "United States
    Court of Federal Claims" for "United States Claims Court".
      1982 - Subsec. (b). Pub. L. 97-164 substituted "United States
    Claims Court" for "Court of Claims".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of Title
    28, Judiciary and Judicial Procedure.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.
      "Secretary" substituted for "Director" by section 8 of Ex. Ord.
    No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in
    the Appendix to Title 5, Government Organization and Employees.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

              ABOLITION OF RECONSTRUCTION FINANCE CORPORATION          
      Reorg. Plan No. 1 of 1957, Sec. 6(a), eff. June 30, 1957, 22 F.R.
    4633, 71 Stat. 647, set out in the Appendix to Title 5, Government
    Organization and Employees, abolished Reconstruction Finance
    Corporation.

-MISC2-
      ABOLITION OF APPEALS BOARD; TERMINATION OF APPEALS; NO FURTHER
            APPEALS ACCEPTED; RETURN OF ERRONEOUS FILED APPEALS
      Act July 14, 1952, ch. 739, 66 Stat. 627, provided: "That the
    Appeal Board established under section 13(d) of the Contract
    Settlement Act of 1944 [41 U.S.C. 113(d)] is hereby abolished:
    Provided, however, That said abolition shall not become effective
    until six months after the enactment of this Act [July 14, 1952] or
    such later date, nor more than nine months after the enactment of
    this Act, as may be fixed by written order of the Director of
    Contract Settlement published in the Federal Register. Such an
    order shall be made only in case the Director finds that it is
    impracticable for the Appeal Board to dispose of its pending
    business before the date fixed for abolition of the Board by this
    Act or a previous order of the Director. No such order shall be
    made less than thirty days prior to the date theretofore fixed for
    abolition of the Appeal Board.
      "Sec. 2. (a) Upon the effective date of the abolition of the
    Appeal Board all appeals and disputes pending therein shall be
    terminated without prejudice and the right of the parties to pursue
    such other remedies as are provided by law shall not be affected
    thereby.
      "(b) In any such terminated appeal, timely initiated in the
    Appeal Board, where the period for pursuit of any other remedy
    pursuant to section 13(b)(2) of the Contract Settlement Act of 1944
    [41 U.S.C. 113(b)(2)] shall have expired or would expire within
    sixty days after the effective date of the abolition of the Appeal
    Board, the period within which proceedings may be initiated in
    accordance with the said section shall be extended to sixty days
    after said effective date.
      "(c) Effective thirty days after the enactment of this Act [July
    14, 1952] no further appeals or submitted disputes shall be
    accepted for determination by said Appeal Board.
      "(d) Where an attempt is erroneously made to file an appeal with
    the Appeal Board after the time limited therefor by section 1(c) of
    this Act but prior to the effective date of the abolition of the
    Appeal Board, said Board shall forthwith return the papers to the
    person therein named as appellant together with a notice in writing
    that, pursuant to the terms of section 1(c) of this Act, it can no
    longer accept such an appeal. Where such an attempt is made in good
    faith and the appeal would, except for the provisions of section
    1(c) of this Act, have been timely and the period for pursuit of
    any other remedy pursuant to section 13(b)(2) of the Contract
    Settlement Act of 1944 [41 U.S.C. 113(b)(2)] expires or would
    expire prior to the expiration of sixty days after the receipt of
    such notice, the period within which proper proceedings may be
    initiated in accordance with said section 13(b)(2) shall be
    extended to sixty days after the receipt of such notice."

                  APPLICATION TO TERMINATED WAR CONTRACTS              
      For application of this section to war contracts terminated at or
    before July 21, 1944, see section 124 of this title.

-End-

-CITE-
    41 USC Sec. 114                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 114. Court of Federal Claims

-STATUTE-
    (a) Appointment of auditors
      For the purpose of expediting the adjudication of termination
    claims, the United States Court of Federal Claims is authorized to
    appoint not more than ten auditors.
    (b) Procedure
      The United States Court of Federal Claims, on motion of either of
    the parties, or on its own motion, may summon any and all persons
    with legal capacity to be sued to appear as a party or parties in
    any suit or proceeding of any nature whatsoever pending in said
    court to assert and defend their interests, if any, in such suits
    or proceedings, within such period of time prior to judgment as the
    United States Court of Federal Claims shall prescribe. If the name
    and address of any such person is known or can be ascertained by
    reasonable diligence, and if he resides within the jurisdiction of
    the United States, he shall be summoned to appear by personal
    service; but if any such person resides outside of the jurisdiction
    of the United States, or is unknown, or if for any other good and
    sufficient reason appearing to the court personal service cannot be
    had, he may be summoned by publication, under such rules as the
    court may adopt, together with a copy of the summons mailed by
    registered mail to such person's last known address. The United
    States Court of Federal Claims may, upon motion of the Attorney
    General, in any suit or proceeding where there may be any number of
    persons having possible interests therein, notify such persons to
    appear to assert and defend such interests. Upon failure so to
    appear, any and all claims or interests in claims of any such
    person against the United States, in respect of the subject matter
    of such suit or proceeding, shall forever be barred and the court
    shall have jurisdiction to enter judgment pro confesso upon any
    claim or contingent claim asserted on behalf of the United States
    against any person who, having been duly served with summons, fails
    to respond thereto, to the same extent and with like effect as if
    such person had appeared and had admitted the truth of all
    allegations made on behalf of the United States. Upon appearance by
    any person pursuant to any such summons or notice, the case as to
    such person shall, for all purposes, be treated as if an
    independent proceeding has been instituted by such person pursuant
    to sections 1491, 1496, 1501, 1503, and 2501 of title 28, and as if
    such independent proceeding had then been consolidated, for
    purposes of trial and determination, with the case in respect of
    which the summons or notice was issued, except that the United
    States shall not be heard upon any counterclaims, claims for
    damages or other demands whatsoever against such person, other than
    claims and contingent claims for the recovery of money hereafter
    paid by the United States in respect of the transaction or matter
    which constitutes the subject matter of such case, unless and until
    such person shall assert therein a claim, or an interest in a
    claim, against the United States, and the United States Court of
    Federal Claims shall have jurisdiction to adjudicate, as between
    any and all adverse claimants, their respective several interests
    in any matter in suit and to award several judgments in accordance
    therewith.
    (c) Jurisdiction
      The jurisdiction of the United States Court of Federal Claims
    shall not be affected by this chapter except to the extent
    necessary to give effect to this chapter, and no person shall
    recover judgment on any claim, or on any interest in any claim, in
    said court which such person would not have had a right to assert
    in said court if this section had not been enacted.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 14, 58 Stat. 663; July 28, 1953, ch.
    253, Sec. 5, 67 Stat. 226; Pub. L. 97-164, title I, Sec.
    160(a)(14), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102-572, title IX,
    Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

-COD-
                               CODIFICATION                           
      In subsec. (b), "sections 1491, 1496, 1501, 1503, and 2501 of
    title 28" substituted for "section 250 of title 28" on authority of
    act June 25, 1948, ch. 646, 62 Stat. 869, the first section of
    which enacted Title 28, Judiciary and Judicial Procedure.

-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-572 substituted "United States Court of
    Federal Claims" for "United States Claims Court" wherever
    appearing.
      1982 - Pub. L. 97-164 substituted "United States Claims Court"
    for "Court of Claims" wherever appearing.
      1953 - Subsec. (a). Act July 28, 1953, struck out provisions
    relating to the appointment of a maximum of twenty commissioners
    for the purpose of expediting the adjudication of termination
    claims.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of Title
    28, Judiciary and Judicial Procedure.

            COMMISSIONERS; TERMINATION OF APPOINTING AUTHORITY        
      Section 4(b) of act July 28, 1953, provided that the authority
    contained in subsec. (a) of this section respecting the appointment
    of commissioners "is hereby terminated".

                  SECTION UNAFFECTED BY REVISED TITLE 28              
      Act June 25, 1948, ch. 646, Sec. 2(d), 62 Stat. 985, provided
    that nothing in Title 28, Judiciary and Judicial Procedure, should
    be construed as repealing any of the provisions of this section.

-End-

-CITE-
    41 USC Sec. 115                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 115. Personal financial liability of contracting officers

-STATUTE-
      (a) Whenever any payment is made from Government funds to any war
    contractor or other person as an advance, partial or final payment
    on any termination claim, or pursuant to any loan, guaranty, or
    agreement for the purchase of any loan, or any commitment in
    connection therewith, entered into by the Government, no officer or
    other Government agent authorizing or approving such payment or
    settlement, or certifying the voucher for such payment, or making
    the payment in accordance with a duly certified voucher, shall be
    personally liable for such payment, in the absence of fraud on his
    part. In settling the accounts of any disbursing officer the
    Government Accountability Office shall allow any such disbursements
    made by him notwithstanding any other provisions of law.
      (b) For the purpose of making termination settlements or interim
    financing any Government agency is authorized to rely upon such
    certificates of war contractors as it deems proper and to permit
    war contractors and other persons to rely upon such certificates
    without financial liability in the absence of fraud on their part.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 15, 58 Stat. 664; Pub. L. 108-271,
    Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".

-End-

-CITE-
    41 USC Sec. 116                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 116. Repealed.

-MISC1-
    Sec. 116. Repealed. Pub. L. 104-316, title I, Sec. 121(a), Oct. 19,
      1996, 110 Stat. 3836.
      Section, acts July 1, 1944, ch. 358, Sec. 16, 58 Stat. 664; Ex.
    Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947
    Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61
    Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat.
    380, related to functions and jurisdiction of General Accounting
    Office in reviewing final settlements made by contracting agency,
    in certifying settlements suspected of being fraudulent to
    Department of Justice, Administrator of General Services, and
    contracting agency, and in reporting on efficacy of settlement
    methods and procedures to Congress.

-End-

-CITE-
    41 USC Sec. 117                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 117. Defective, informal, and quasi contracts

-STATUTE-
    (a) Lack of formalized contract
      Where any person has arranged to furnish or furnished to a
    contracting agency or to a war contractor any materials, services,
    or facilities related to the prosecution of the war, without a
    formal contract, relying in good faith upon the apparent authority
    of an officer or agent of a contracting agency, written or oral
    instructions, or any other request to proceed from a contracting
    agency, the contracting agency shall pay such person fair
    compensation therefor.
    (b) Technical defects or omissions
      Whenever any formal or technical defect or omission in any prime
    contract, or in any grant of authority to an officer or agent of a
    contracting agency who ordered any materials, services, and
    facilities might invalidate the contract or commitment, the
    contracting agency (1) shall not take advantage of such defect or
    omission; (2) shall amend, confirm, or ratify such contract or
    commitment without consideration in order to cure such defect or
    omission; and (3) shall make a fair settlement of any obligation
    thereby created or incurred by such agency, whether expressed or
    implied, in fact or in law, or in the nature of an implied or quasi
    contract.
    (c) Failure to settle
      Where a contracting agency fails to settle by agreement any claim
    asserted under this section, the dispute shall be subject to the
    provisions of section 113 of this title.
    (d) Formalization of obligations; termination date for filing
      claims
      The Administrator of General Services shall require each
    contracting agency to formalize all such obligations and
    commitments within such period as the Administrator of General
    Services deems appropriate. No person shall be entitled to recover
    compensation, to receive a settlement of any alleged obligation, or
    to obtain the benefit of any amendment, confirmation, ratification,
    or formalization of any alleged contract or commitment under the
    provisions of subsections (a), (b), (c), or (d) of this section,
    unless such person shall, on or before one hundred and eighty days
    after June 28, 1954, have filed a claim therefor with the
    contracting agency.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 17, 58 Stat. 665; Ex. Ord. No. 9809,
    Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan. No. 1,
    Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30,
    1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380; June 28, 1954,
    ch. 403, Sec. 1, 68 Stat. 300.)

-MISC1-
                                AMENDMENTS                            
      1954 - Subsec. (d). Act June 28, 1954, inserted sentence
    providing a termination date for filing claims.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.
      "Secretary" substituted for "Director" by section 8 of Ex. Ord.
    No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in
    the Appendix to Title 5, Government Organization and Employees.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

-MISC2-
                          NONACCRUAL OF LIABILITY                      
      Section 2 of act June 28, 1954, provided that no liability should
    accrue by reason of the enactment of section 1 of that act
    [amending this section] which would not otherwise have accrued.

-End-

-CITE-
    41 USC Sec. 118                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 118. Administration

-STATUTE-
    (a) Records and forms
      The Administrator of General Services shall establish policies
    for such supervision and review within the contracting agencies of
    termination settlements and interim financing as he deems necessary
    and appropriate to prevent and detect fraud and to assure
    uniformity in administration and to provide for expeditious
    settlements. For this purpose he shall prescribe such records to be
    prepared by the contracting agencies and by war contractors as he
    deems necessary in connection with such settlements and interim
    financing. He shall seek to reduce the amount of record keeping,
    reporting, and accounting in connection with the settlement of
    termination claims and interim financing to the minimum compatible
    with the reasonable protection of the public interest. Each
    contracting agency shall prescribe forms for use by war contractors
    in connection with termination settlements and interim financing to
    the extent it deems necessary and feasible.
    (b) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(111), 65 Stat. 705
    (c) Advance notice on cut-backs
      The Administrator of General Services, by regulation, shall
    provide for making available to any interested Government agency
    such advance notice and other information on cut-backs in war
    production resulting from terminations or failures to renew or
    extend war contracts, as he deems necessary and appropriate.
    (d) Investigations
      The Administrator of General Services shall make such
    investigations as he deems necessary or desirable in connection
    with termination settlements and interim financing. For this
    purpose he may utilize the facilities of any existing agencies and
    if he determines that the facilities of existing agencies are
    inadequate, he may establish a unit in the General Services
    Administration to supplement and facilitate the work of existing
    agencies. He shall report to the Department of Justice any
    information received by him indicating any fraudulent practices,
    for appropriate action.
    (e) Certification of fraudulent settlements to Department of
      Justice
      Whenever any contracting agency or the Administrator of General
    Services believes that any settlement was induced by fraud, the
    agency or Administrator of General Services shall report the facts
    to the Department of Justice. Thereupon, (1) the Department of
    Justice shall make an investigation to determine whether such
    settlement was induced by fraud, and (2) until the Department of
    Justice notifies the contracting agency that in its opinion the
    facts do not support the belief that the settlement was induced by
    fraud, the contracting agency, by set-off or otherwise, may
    withhold, from amounts owing to the war contractor by the United
    States under such settlement or otherwise, the amount of the
    settlement, or the portion thereof, which, in its opinion, was
    affected by the fraud. In any such case the Department of Justice
    shall take such action as it deems appropriate to recover payments
    made to such war contractor.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 18, 58 Stat. 666; Ex. Ord. No. 9809,
    Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1,
    Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30,
    1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380; Oct. 31, 1951,
    ch. 654, Sec. 1(111), 65 Stat. 705; Pub. L. 104-316, title I, Sec.
    121(b), Oct. 19, 1996, 110 Stat. 3836.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-316, in second sentence, struck
    out "(1)" after "he shall prescribe" and struck out "; and (2) the
    records in connection therewith to be transmitted to the General
    Accounting Office" before period at end.
      1951 - Subsec. (b). Act Oct. 31, 1951, struck out provisions
    which related to preparation of information and reports regarding
    termination of war contracts, settlements of termination claims,
    interim financing, etc.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.
      "Department of the Treasury" substituted for "Office of Contract
    Settlement" in subsec. (d) and references to "Director" changed to
    "Secretary" throughout this section by section 8 of Ex. Ord. No.
    9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in the
    Appendix to Title 5, Government Organization and Employees.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

-End-

-CITE-
    41 USC Sec. 119                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 119. Fraudulent claims, vouchers, statements, etc.;
      jurisdiction

-STATUTE-
      Every person who makes or causes to be made, or presents or
    causes to be presented to any officer, agent, or employee of any
    Government agency any claim, bill, receipt, voucher, statement,
    account, certificate, affidavit, or deposition, knowing the same to
    be false, fraudulent, or fictitious or knowing the same to contain
    or to be based on any false, fraudulent, or fictitious statement or
    entry, or who shall cover up or conceal any material fact, or who
    shall use or engage in any other fraudulent trick, scheme, or
    device, for the purpose of securing or obtaining, or aiding to
    secure or obtain, for any person any benefit, payment,
    compensation, allowance, loan, advance, or emolument from the
    United States or any Government agency in connection with the
    termination, cancelation, settlement, payment, negotiation,
    renegotiation, performance, procurement, or award of a contract
    with the United States or with any other person, and every person
    who enters into an agreement, combination, or conspiracy so to do,
    (1) shall pay to the United States an amount equal to 25 per centum
    of any amount thereby sought to be wrongfully secured or obtained
    but not actually received, and (2) shall forfeit and refund any
    such benefit, payment, compensation, allowance, loan, advance, and
    emolument received as a result thereof and (3) shall in addition
    pay to the United States the sum of $2,000 for each such act, and
    double the amount of any damage which the United States may have
    sustained by reason thereof, together with the costs of suit.
      The several district courts of the United States, the several
    district courts of the Territories of the United States, within
    whose jurisdictional limits the person, or persons, doing or
    committing such act, or any one of them, resides or shall be found,
    shall, wheresoever such act may have been done or committed, have
    full power and jurisdiction to hear, try, and determine such suit,
    and such person or persons as are not inhabitants of or found
    within the district in which suit is brought may be brought in by
    order of the court to be served personally or by publication or in
    such other reasonable manner as the court may direct.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 19(a), (c)-(e), 58 Stat. 667; June 25,
    1948, ch. 645, Sec. 21, 62 Stat. 862.)

-COD-
                               CODIFICATION                           
      As originally enacted, the second undesignated paragraph of this
    section contained the words, ", the District of Columbia" after
    "The several district courts of the United States". The words
    "District of Columbia" have been deleted entirely as superfluous in
    view of section 132(a) of Title 28, Judiciary and Judicial
    Procedure, which states that "There shall be in each judicial
    district a district court which shall be a court of record known as
    the United States District Court for the district", and section 88
    of Title 28 which states that "the District of Columbia constitutes
    one judicial district".
      Section was comprised of subsecs. (a) and (c) to (e) of section
    19 of act July 1, 1944. Subsec. (b) of section 19 was classified to
    section 590a of Title 18, Criminal Code and Criminal Procedure,
    prior to the general revision and enactment of Title 18, Crimes and
    Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683.
    Subsecs. (a), (d), and (e) of section 19 were repealed by act June
    25, 1948, leaving only subsec. (c) of section 19, which comprises
    this section. Subject matter of former subsecs. (a), (d), and (e)
    of section 19 is covered by sections 201, 287, 443, and 1001 of
    Title 18.

-MISC1-
                                AMENDMENTS                            
      1948 - Act June 25, 1948, repealed first, second, fifth, and
    sixth undesignated pars. See Codification note above.

                       EFFECTIVE DATE OF 1948 REPEAL                   
      Amendment by act June 25, 1948, effective Sept. 1, 1948, see
    section 20 of that act.

-End-

-CITE-
    41 USC Sec. 120                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 120. Powers and duties of contracting agencies

-STATUTE-
    (a) Limitation
      Each contracting agency shall have authority, notwithstanding any
    provisions of law other than contained in this chapter, (1) to make
    any contract necessary and appropriate to carry out the provisions
    of this chapter; (2) to amend by agreement any existing contract,
    either before or after notice of its termination, on such terms and
    to such extent as it deems necessary and appropriate to carry out
    the provisions of this chapter; and (3) in settling any termination
    claim, to agree to assume, or indemnify the war contractor against,
    any claims by any person in connection with such termination claims
    or settlement. This subsection shall not limit or affect in any way
    any authority of any contracting agency under the First War Powers
    Act, 1941, or under any other statute.
    (b) Evidence required; conclusiveness of determinations
      Any contracting agency may prescribe the amount and kind of
    evidence required to identify any person as a war contractor, or
    any contract, agreement, or purchase order as a war contract for
    any of the purposes of this chapter. Any determination so made that
    any person is a war contractor, or that any contract, agreement, or
    purchase order is a war contract, shall be final and conclusive for
    any of the purposes of this chapter.
    (c) Appropriations
      There are authorized to be appropriated such sums as may be
    necessary for administering the provisions of this chapter.
    (d) Validation of prior settlements
      All policies and procedures relating to termination of war
    contracts, termination settlements, and interim financing,
    prescribed by the Secretary of the Treasury or any contracting
    agency, in effect on July 21, 1944, and not inconsistent with this
    chapter, shall remain in full force and effect unless and until
    superseded by the Administrator of General Services in accordance
    with this chapter, or by regulations of the contracting agency not
    inconsistent with this chapter or the policies prescribed by the
    Administrator of General Services.
    (e) Impairment of contract
      Nothing in this chapter shall be deemed to impair or modify any
    war contract or any term or provision of any war contract or any
    assignment of any claim under a war contract, without the consent
    of the parties thereto, if the war contract, or the term,
    provision, or assignment thereof, is otherwise valid.
    (f) Aid to war contractors
      Any contracting agency may authorize or direct its officers and
    employees, as a part of their official duties, to advise, aid, and
    assist war contractors in preparing and presenting termination
    claims, in obtaining interim financing, and in related matters, to
    such extent as it deems desirable. Such advice, aid, or assistance
    shall not constitute a violation of section 205 of title 18 or of
    any other law, provided the officer or employee does not receive
    therefor benefit or compensation of any kind, directly or
    indirectly, from any war contractor.

-SOURCE-
    (July 1, 1944, ch. 358 Sec. 20, 58 Stat. 668; Ex. Ord. No. 9809,
    Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; June 30, 1947, ch. 166,
    title II, Sec. 207, 61 Stat. 209; 1947 Reorg. Plan No. 1, Sec. 201,
    eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch.
    288, title I, Sec. 102(b), 63 Stat. 380.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The First War Powers Act, 1941, referred to in subsec. (a), is
    act Dec. 18, 1941, ch. 593, 55 Stat. 838, which enacted sections 32
    to 37 and 601 to 605, 611, and 616 to 622 of Title 50, Appendix,
    War and National Defense, and amended section 95a of Title 12,
    Banks and Banking, and section 5 of Title 50, Appendix. The First
    War Powers Act, 1941, was substantially repealed, with certain
    exceptions, by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat.
    651. For complete classification of this Act to the Code, see
    Tables.

-COD-
                               CODIFICATION                           
      In subsec. (f), "section 205 of title 18" substituted for
    "section 109 of the Criminal Code (18 U.S.C. 198)" on authority of
    act June 25, 1948, ch. 645, 62 Stat. 683, the first section of
    which enacted Title 18, Crimes and Criminal Procedure, and on
    authority of Pub. L. 87-849, Sec. 2, Oct. 23, 1962, 76 Stat. 1126.
      Subsec. (g), relating to the duties of Smaller War Plants
    Corporation, omitted on authority of section 207 of act June 30,
    1947, which provided: "The liquidation of the affairs of the
    Smaller War Plants Corporation administered by the Reconstruction
    Finance Corporation pursuant to Executive Order 9665 shall be
    carried out by the Reconstruction Finance Corporation,
    notwithstanding the provisions of the last paragraph of section 5
    of the First War Powers Act, 1941 [section 605 of Title 50,
    Appendix, War and National Defense]. The Smaller War Plants
    Corporation is hereby abolished."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.
      "Secretary" substituted for "Director" by section 8 of Ex. Ord.
    No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in
    the Appendix to Title 5, Government Organization and Employees.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

-End-

-CITE-
    41 USC Sec. 121                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 121. Administrator of General Services; additional duties

-STATUTE-
      In addition to his other functions under this chapter, the
    Administrator of General Services shall - 
        (a) promote the training of personnel for termination
      settlement and interim financing by contracting agencies, war
      contractors, and financing institutions;
        (b) Omitted
        (c) promote decentralization of the administration of
      termination settlements and interim financing by fostering
      delegation of authority within contracting agencies and to war
      contractors, to the extent he deems necessary and feasible; and
        (d) consult with war contractors through advisory committees or
      such other methods as he deems appropriate.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 21, 58 Stat. 669; Ex. Ord. No. 9809,
    Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; June 30, 1947, ch. 166,
    title II, Sec. 207, 61 Stat. 209; 1947 Reorg. Plan No. 1, Sec. 201,
    eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch.
    288, title I, Sec. 102(b), 63 Stat. 380.)

-COD-
                               CODIFICATION                           
      Subsec. (b), providing for Administrators' collaboration with
    Smaller War Plants Corporation in protecting interests of smaller
    war contractors, was omitted on authority of section 207 of act
    June 30, 1947, which provided: "The liquidation of the affairs of
    the Smaller War Plants Corporation administered by the
    Reconstruction Finance Corporation pursuant to Executive Order 9665
    shall be carried out by the Reconstruction Finance Corporation,
    notwithstanding the provisions of the last paragraph of section 5
    of the First War Powers Act, 1941 [section 605 of Title 50,
    Appendix, War and National Defense]. The Smaller War Plants
    Corporation is hereby abolished."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.
      "Secretary" substituted for "Director" by section 8 of Ex. Ord.
    No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in
    the Appendix to Title 5, Government Organization and Employees.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

-MISC1-
                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. Advisory
    committees established after Jan. 5, 1973, to terminate not later
    than the expiration of the 2-year period beginning on the date of
    their establishment, unless, in the case of a committee established
    by the President or an officer of the Federal Government, such
    committee is renewed by appropriate action prior to the expiration
    of such 2-year period, or in the case of a committee established by
    the Congress, its duration is otherwise provided by law. See
    section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
    in the Appendix to Title 5, Government Organization and Employees.

-End-

-CITE-
    41 USC Sec. 122                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 122. Use of appropriated funds

-STATUTE-
      Any contracting agency is authorized - 
        (a) to use for interim financing, the payment of claims, and
      for any other purposes authorized in this chapter any funds which
      have heretofore been appropriated or allocated or which may
      hereafter be appropriated or allocated to it, or which are or may
      become available to it, for such purposes or for the purposes of
      war production or war procurement;
        (b) to use any such funds appropriated, allocated, or available
      to it for expenditures for or in behalf of any other contracting
      agency for the purposes authorized in this chapter; and
        (c) to determine by agreement, joint estimate, or any other
      method authorized by the Administrator of General Services, the
      part of any expenditure made pursuant to subsection (b) of this
      section to be paid by each contracting agency concerned and to
      make transfers of funds between such contracting agencies
      accordingly. Transfers of funds between appropriations carried
      upon the books of the Treasury shall be made by the Administrator
      of General Services in accordance with joint requests of the
      contracting agencies involved.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 22, 58 Stat. 670; Ex. Ord. No. 9809,
    Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1,
    Sec. 201, eff. July 1, 1949, 12 F.R. 4534, 61 Stat. 951; June 30,
    1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.
      "Secretary" substituted for "Director" by section 8 of Ex. Ord.
    No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in
    the Appendix to Title 5, Government Organization and Employees.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

-End-

-CITE-
    41 USC Sec. 123                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 123. Delegation of authority by Administrator of General
      Services

-STATUTE-
    (a) Officers and agencies of General Service Administration and
      other governmental agencies
      The Administrator of General Services may delegate any authority
    and discretion conferred upon him by this chapter to such officers
    and agencies of the General Services Administration as he may
    designate, and may delegate such authority and discretion, upon
    such terms and conditions as he may prescribe, to the head of any
    Government agency to the extent necessary to the handling and
    solution of problems peculiar to that agency.
    (b) Authority delegated to other governmental agencies
      The head of any Government agency may delegate any authority and
    discretion conferred upon him or his agency by or pursuant to this
    chapter to any officer, agent, or employee of such agency or to any
    other Government agency, and may authorize successive redelegations
    of such authority and discretion.
    (c) Joint exercise of delegated authority
      Any two or more Government agencies may exercise jointly any
    authority and discretion conferred upon each of them individually
    by or pursuant to this chapter.
    (d) Application to other laws
      Nothing in this chapter shall prevent the Administrator of
    General Services from exercising any authority conferred upon him
    by any other statute.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 23, 58 Stat. 670; Ex. Ord. No. 9809,
    Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1,
    Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30,
    1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.)

-COD-
                               CODIFICATION                           
      In subsec. (a), the phrase "such officers and agencies of the
    General Services Administration as he may designate" substituted
    for "any Deputy Director" on authority of section 102(b) of act
    June 30, 1949, ch. 288, 63 Stat. 380, which was classified to
    section 752(b) of former Title 40, Public Buildings, Property, and
    Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21,
    2002, 116 Stat. 1304.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.
      "Secretary" substituted for "Director" by section 8 of Ex. Ord.
    No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in
    the Appendix to Title 5, Government Organization and Employees.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

-End-

-CITE-
    41 USC Sec. 124                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 124. Effective date; applicability to lend lease contracts

-STATUTE-
      (a) This chapter shall become effective twenty days after July 1,
    1944. With the exception of the provisions of paragraphs (b), (c),
    (d), and (e) of section 112 of this title, and sections 106 to 110,
    and 113 of this title, this chapter shall be applicable in the case
    of any terminated war contract which has been finally settled at or
    before the effective date of this chapter.
      (b) Nothing in this chapter shall limit or affect any authority
    conferred by sections 411 to 419 of title 22, or Acts supplemental
    thereto.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 24, 58 Stat. 670.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 411 to 419 of title 22, referred to in subsec. (b), have
    been omitted from the Code.

-End-

-CITE-
    41 USC Sec. 125                                             01/03/2007

-EXPCITE-
    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 2 - TERMINATION OF WAR CONTRACTS

-HEAD-
    Sec. 125. Exemption of certain contracts outside continental United
      States or in Alaska

-STATUTE-
      Subject to policies prescribed by the Administrator of General
    Services, any contracting agency may exempt from some or all of the
    provisions of this chapter (a) any war contract made or to be
    performed outside the continental limits of the United States or in
    Alaska, or (b) any termination inventory situated outside of the
    continental limits of the United States or in Alaska, or (c) any
    modification of a war contract pursuant to its terms for the
    purpose of changing plans or specifications applicable to the work
    without substantially reducing its extent.

-SOURCE-
    (July 1, 1944, ch. 358, Sec. 25, 58 Stat. 670; Ex. Ord. No. 9809,
    Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1,
    Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30,
    1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.)

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of Secretary of the Treasury transferred to
    Administrator of General Services by section 102(b) of act June 30,
    1949, ch. 288, 63 Stat. 380, which was classified to section 752(b)
    of former Title 40, Public Buildings, Property, and Works, and was
    repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
    1304.
      "Secretary" substituted for "Director" by section 8 of Ex. Ord.
    No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in
    the Appendix to Title 5, Government Organization and Employees.

                  EFFECTIVE DATE OF TRANSFER OF FUNCTIONS              
      Transfer of functions by act June 30, 1949, effective July 1,
    1949, see section 605, formerly section 505, of act June 30, 1949,
    ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849,
    Sec. 6(a), (b), 64 Stat. 583.

-End-