Page:United States Statutes at Large Volume 58 Part 1.djvu/681

 58 STAT.] 78H CONG., 2D SESS.-CH. 358-JULY 1, 1944 war contractor at least 90 per centum of the amount thereby deter- mined to be due, after deducting the amount of any outstanding interim financing applicable thereto. (b) Whenever any war contractor is aggrieved by the findings of a inleftion contracting agency on his claim or part thereof or by its failure to grvetd. r make such findings in accordance with subsection (a) of this section, he may, at his election- (1) appeal to the Appeal Board in accordance with subsection Appeal. (d) of this section; or (2) bring suit against the United States for such claim or such sOit against part thereof, in the Court of Claims or in a United States district court, in accordance with subsection (20) of section 24 of the Judi- cial Code (28 U. S . C. 41 (20)), except that, if the contracting 3stat. 103. agency is the Reconstruction Finance Corporation, or any corpo- ration organized pursuant to the Reconstruction Finance Corporation Act (47 Stat. 5), as amended, or any corporation 15 usI. i owned or controlled by the United States, the suit shall be Do. brought against such corporation in any court of competent jurisdiction in accordance with existing law. (c) Any proceeding under subsection (b) of this section shall be Conditio governed by the following conditions: (1) When any contracting agency provides a procedure within the cdu ^rgapp; agency for protest against such findings or for other appeal therefrom by the war contractor, the war contractor, before proceeding under subsection (b) of this section, (i) in his discretion may resort to such procedure within the time specified in his contract or, if no time is specified, within thirty days after the delivery to him of the findings; and (ii) shall resort to such procedure for protest or other appeal to the extent required by the Director, but failure of the contracting agency to act on any such required protest or appeal within thirty days shall operate as a refusal by the agency to modify its findings. Tra Any revision of the findings by the contracting agency, upon protest vsd ndings. or appeal within the agency, shall be treated as the findings of the agency for the purpose of appeal or suit under subsection (b) of this section. Notwithstanding any contrary provision in any war contract, no war contractor shall be required to protest or appeal from such findings within the contracting agency except in accordance with this paragraph. (2) A war contractor may initiate proceedings in accordance with u priOdmit subsection (b) of this section (i) within ninety days after delivery to him of the findings by the contracting agency, or I(ii) in case of protests or appeal within the agency, within ninety days after the determination of such protest or appeal, or (iii) in case of failure to deliver such findings, within one year after his demand therefor. If he does not initiate such proceedings within the time specified, he shall be precluded thereafter from initiating any proceedings in accordance with subsection (b) of this section, and the findings of the contracting agency shall be final and conclusive, or if no findings were made, he shall be deemed to have waived such termination claim. (3) Notwithstanding any contrary provision in any war contract, bin. 7 fli ndin the Appeal Board or court shall not be bound by the findings of the contracting agency, but shall treat such findings as prima facie cor- rect, and the burden shall be on the war contractor to establish that oBfdn'e'i the amount due on his claim or part thereof exceeds the amount allowed by the findings of the contracting agency. Whenever the Boa ot. Appeal Board or court finds that the war contractor failed to negotiate in good faith with the contracting agency for the settlement of his claim or part thereof before appeal or suit thereon, or failed to furnish to the agency any information reasonably requested by it regarding roceed. tor ag- U.S. 601 et, i601 y pro- al. of re- or in. [pg. iblish- Lppea 661

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