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VO LUM E 9

1934

C AW TEO

N U M BER 34

Washington, Thursday, February 17, 1944
Regulations
b
Procedure for making advance CONTENTS
payments. The procedure for effecting REGULATIONS A N D NOTICES
advance payments to contractors under C i v i l A e r o n a u t ic s A d m in is t r a t io n : Page the statutes and Executive order listed TITLE 10ARM Y: WAR DEPARTMENT
Civil airways; Blue, No. 3 and above is set forth in 81.319 to 81.321 of Chapter III Claims and Accounts Los Angeles-San Francisco- 1846
this Title Procurement Regulation No.
Radio fixes; Red, No. 31, Blue, 3. Par. 31
P art 35 P a y m e n t o f B i l l s a n d A c c o u n t s No. 3________________________ 1847
35.7 What payment is authorized PAYMENTS UNDER CONTRACTS, FORMAL AND
C i v i l A e r o n a u t ic s B o a r d :
a
Payments under contracts for indefi INFORMAL
Hughes Tool Co., hearing on nite quantities and unlimited amounts.
control of T W A _ 1889
Sections 35.5 to 35.9, inclusive, pertain It has been stated that contracts for C oast G u a r d :
ing to payments under contracts, are indefinite quantities are invalid. T h is Security of ports, waiver of cer hereby amended to read as follows. The is merely the statement of the gen tain requirements__________ 1886
regulations in these sections are also con eral legal principle that the under F a r m S e c u r it y A d m in is t r a t io n :
tained in Army Regulations No. 35-6040, takings of the parties to a contract Rolette County, N. Dak., desig dated 1 February 1944, the particular must be sufficiently definite to be ca nation of localities for paragraphs being shown in brackets at pable of enforcement. Thus in 14
loans_______________________
1888
end of sections.
Comp. Gen. 446, it was stated that one G eneral L and O f f ic e :
of the first and most important requi 35.5 To whom payment may be Florida, revocation of land sites of a valid contract is that the terms made a Other than lowest bidder.
withdrawal_________________ 1886
thereof shall be certain, definite, and Payment may be made to other than the I n t e r st a t e C o m m e r c e C o m m is s io n :
specific and that, while it may not be pos lowest bidder where the award was made Fats and oils, etc.; prohibition sible to determine definitely the quanti in accordance with 81.201 to 81.294
of use of refrigerator cars__1887
ties which may be required under certain Procurement Regulation No. 2 and N a t io n a l W ar L abor B o ar d :
conditions, there appears no reason why 81.301 to 81.395 Procurement Regula W ar Relocation Authority em there should not be an estimated quantity tion No. 3 of this Title.
ployees, pay rates adjust specified with a variance of 10, 20, or 25
b
Other than original contractor.
ment procedure____________ 1847
percent. It has also been stated that Payment may be made to other than the O f f ic e o f D e f e n s e T r a n s p o r t a t io n :
contracts purporting to obligate the Gov original contractor when the rights un Common carriers, coordinated ernment to pay unlimited amounts are der the contract have been validly as operations points in:
not authorized.
This statement reflects signed or transferred. See 81.390 to Nebraska and Iowa___________ 1889
the principle that, with certain excep 81.395 Procurement Regulation No. 3.
NeW Hampshire, Maine, Mas tions, no contract or purchase on behalf Also see R.S. 3477 31 U.S.C. 203 ; RJ3.
sachusetts ___________
1889
of the United States shall be made unless 3737 41 UJS.C. 15 ; act 9 October 1940
O f f ic e o f P r ic e A d m in is t r a t io n :
the same is authorized by law or is under 54 Stat. 1029; 31 U.S.C. 203; 41 U.S.C.
Adjustment; Automatic Range an appropriation adequate to its fulfill 15 Par. 2
C o rp ________________________ 1890
ment R. S. 3732; 41 U.S.C. 11; whereas Eggs and egg products M PR
35.6 When payment may be made an obligation involving payment of an un 333, Am. 21, 22 2 docu a Advances of public money prohib limited amount might exceed the appro ments _________________
1885
ited. Section 3648, Revised Statutes priation. 15 Comp. Dec. 405,407; 5 Comp.
Gasoline rationing, Minnesota 31 U.S.C. 529 prohibits payments in Gen. 450, 454. These principles do not plan for non-highway ra
advance of the delivery of supplies or invalidate the so-called indefinite quan tions R O 5C, Order 1 ____ 1891
rendition of service. Purchases of cou tity contract under which the contractor Iceland herring M PR 512____ 1833
pon books for gasoline and oil are with undertakes to furnish all of the actual Peanut oil M PR 53, Am. 16___ 1882
in the prohibition and payment may requirements of a Government agency Petroleum, areas in Nebraska not be made until the supplies are ac for a particular item and the Govern M PR 436, Am. 9 __________ 1882
tually furnished. See 8 Comp. Gen. 454.
ment agency in turn agrees to purchase Regional and district office or Certain exceptions to the general pro from the contractor all of its require ders:
hibition contained in section 3648, Re ments of that item during the specified Community ceiling prices, list- 1900
vised Statutes, have been made by later period. See 19 Comp. Gen. 599. Like Food and drink sold for imstatutes. See sec. 1 c , act 2 July 1940
wise, these principles do not affect the m e d i a t e consumption, 54 Stat. 712; sec. 201, Title n , First validity of cost-plus-a-fixed-fee con Chicago region___________ 1878
W a r Powers Act, 18 December 1941 55
tracts expressly authorized by statute Solid fuels in designated Stat. 839; 50 U.S.C. App. 611; sec. 401, sec. 2, act 28 June 1940 54 Stat. 676;
areas:
Title IV, First W ar Powers Act, 18 De 50 U.S.C. App. 633; sec. 1, act 2 July Akron, Barberton, and cember 1941 55 Stat. 841; 50 U.S.C. App.
1940 54 Stat. 712, pursuant to which a Cuyahoga Falls, Ohio__1894
621 ; and Title I, Executive Order 9001, 27 December 1941.
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