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§ 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full force and effect unless and until superseded by the Administrator 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.



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