§ 103. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC103]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 2--TERMINATION OF WAR CONTRACTS
Sec. 103. Definitions
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.
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\1\ See References in Text note below.
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(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.
(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.)
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.
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.''
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.
Section Referred to in Other Sections
This section is referred to in title 18 sections 443, 3287.
