Powers of the President during crisesSmith, J. Malcolm (John Malcolm)
History
Powers of the President during crises
Smith, J. Malcolm (John Malcolm)
Constitutional history -- United States; Executive power -- United States
In permitting emergency negotiation of contracts for the acquisition
of construction of war vessels or material with or without competitive
bidding, upon determination that the price was fair and reasonable
the Act of June 28, 1940 to expedite national defense afforded the
Secretaries of War and Treasury authority to modify existing contracts,
including Coast Guard contracts, as the Secretary concerned believed
necessary.[374] Presumably upon a later finding that an agreed price
was not fair and reasonable, profits could be revised downward through
resort to Section 9 permitting contract modification at the discretion
of the Secretary. Again, the Second War Powers Act of 1942, in
permitting the Secretary of the Navy, when authorized by the President,
to negotiate contracts for the acquisition, construction, repair,
or alteration of complete naval vessels or aircraft, or any portion
thereof,[375] stipulated that the cost-plus-a-percentage-of-cost system
of contracting should not be used unless considered necessary by the
Secretary of the Navy, in which case the percentage was not to exceed
seven percent.[376] By way of enforcement the government reserved the
right to inspect the plants and audit the books of contractors.[377]
Authority to award contracts without competitive bidding was not
freely granted. A Supplemental Defense Appropriations Act of 1942
required the Secretaries of War and Navy to report to the Congress all
defense contracts in excess of $150,000 and to justify those awarded
without competitive bidding.[378] The Secretaries were authorized and
directed to insert in any contract for an amount in excess of $100,000
a provision for the renegotiation of the contract price.[379] In 1951,
declaring that sound execution of the national defense program requires
the elimination of excessive profits from contracts made with the
United States, and from related subcontracts, in the course of such
program, Congress enacted the Renegotiation Act of 1951 providing for
the renegotiation of defense contracts netting contractors more than a
reasonable profit.[380]
CONTROL OF CREDIT, EXCHANGE, PRICES
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