Page:United States Statutes at Large Volume 68 Part 1.djvu/1150

 1118

PUBLIC LAW 7 6 4 - S E P T. 1, 1954

50 USC app. 1216. Common carriers by water.

50 USC 1213.

app,

50 USC app. 1215. Voiding of agreement.

66 Stat. 7 53. 50 USC app, 1231. Savings p r o v i sion.

[68 S T A T.

" (B) the term 'standard commercial article' means an j^,, article— "(1) which, in the normal course of business, is cusr. tomarily manufactured for stock, and is customarily V maintained ^in stock by the manufacturer or any dealer, •, distributor, or other commercial agency for the marketing of such article; or (2) which is manufactured and sold by more than 'Hi two persons for general civilian industrial or commercial use, or which is identical in every material respect " (C) the term 'identical in every material respect' means of the same kind, manufactured of the same or substitute materials, and having the same industrial or commercial use } or uses, without necessarily being of identical specifications; ... . and " (D) the term 'persons' does not include any person under f control of, or controlling, or under common control with i any other person considered for the purposes of subparagraph (B)(2) of this paragraph." (b) The amendments made by subsection (a) shall apply to contracts with the Departments and subcontracts only to the extent of the amounts received or accrued by a contractor or subcontractor after December 31, 1953. SEC. 6. (a) Section 106(a)(4) of such Act is hereby amended by striking out "; or" at the end thereof and inserting the following: "and to such furnishing or sale in any case in which the Board finds that the regulatory aspects of rates for such furnishing or sale, or the type and nature of the contract for such furnishing or sale, are such as to indicate, in the opinion of the Board, that excessive profits are improbable; or". (b) The amendment made by subsection (a) shall apply only with respect to fiscal years (as defined in section 103(h) of the Renegotiation Act of 1951) ending on or after December 31, 1953. SEC. 7. (a) Section 105(d) of such Act is hereby amended by striking out the period at the end of the last sentence thereof and inserting the following: ", and shall also have the power to set aside and declare null and void any such agreement it, upon a request made to the Board within three years from the date of such agreement, the Board finds as a fact that the aggregate of the amounts leceived or accrued by the other party to such agreement during the fiscal year covered by such agreement was not more than the minimum amounts subject to renegotiation specified in section 105(f) for such fiscal year." (b) The amendment made by subsection (a) shall be effective as if it were a part of the Renegotiation Act of 1951 on the date of its enactment. SEC. 8. Section 201(h) of such Act is hereby amended by striking out "two years" and inserting in lieu thereof "four years", and by adding at the end thereof the following new sentence: "If any such case has been dismissed by any court for failure to substitute for the W a r Contracts Price Adjustment Board prior to the effective date of this sentence, such case is hereby revived and reinstated in such court as if it had not been dismissed."... Approved September 1, 1954. .,
 * ho)with an article so manufactured and sold;

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