§ 120. — Powers and duties of contracting agencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC120]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 2--TERMINATION OF WAR CONTRACTS
Sec. 120. Powers and duties of contracting agencies
(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full force and effect unless and until superseded by the Administrator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.
(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.)
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.
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.''
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.