41 U.S.C. § 117 : US Code - Section 117: Defective, informal, and quasi contracts
Search 41 U.S.C. § 117 : US Code - Section 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.
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Repealed. Pub. L. 104-316, title I, Sec. 121(a), Oct. 19, 1996, 110 Stat. 3836
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