§ 117. — Defective, informal, and quasi contracts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC117]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 2--TERMINATION OF WAR CONTRACTS
Sec. 117. Defective, informal, and quasi contracts
(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.
(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.)
Amendments
1954--Subsec. (d). Act June 28, 1954, inserted sentence providing a
termination date for filing claims.
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.
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.
