Problems of Small Businessmen in Performing Government Contracts: Hearing Before the Subcommittee on Government Procurement of the Select Committee on Small Business, United States Senate, Ninety-third Congress, Second Session ... May 21, 1974

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Page 337 - Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance: ( a ) Delay in delivery or non-delivery in whole or in part by a seller who complies with paragraphs (b) and (c) is not a breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made or by compliance in good faith with...
Page 405 - General Policy. (a) It is the policy of the Department of Defense to place a fair proportion of its total purchases and contracts for supplies, research and development, and services (including contracts for maintenance, repairs, and construction) with small business concerns.
Page 466 - It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small business concerns in order to preserve free competitive enterprise...
Page 340 - Where the assumed possibility of a desired object or effect to be attained by either party to a contract forms the basis on which both parties enter into it, and this object or effect is or...
Page 466 - The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic wellbeing but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small...
Page 338 - When the states have gone so far in achieving the desirable goal of a uniform law governing commercial transactions, it would be a distinct disservice to insist on a different one for the segment of commerce, important but still small in relation to the total, consisting of transactions with the United States.
Page 363 - But a severe shortage of raw materials or of supplies due to a contingency such as war, embargo, local crop failure, unforeseen shutdown of major sources of supply or the like, which either causes a marked increase in cost or altogether prevents the seller from securing supplies necessary to his performance, is within the contemplation of this section.
Page 363 - Increased cost alone does not excuse performance unless the rise in cost is due to some unforeseen contingency which alters the essential nature of the performance. Neither is a rise or a collapse in the market in itself a justification, for that is exactly the type of business risk which business contracts made at fixed prices are intended to cover.
Page 338 - ... (b) Where the causes mentioned in paragraph (a) affect only a part of the seller's capacity to perform, he must allocate production and deliveries among his customers but may at his option include regular customers not then under contract as well as his own requirements for further manufacture. He may so allocate in any manner which is fair and reasonable.
Page 479 - Thirteen active committees, operating under General Chairmen of Government Relations, Company Services, Growth and Communications, and Organization Development, assure that the original purpose of the organization is continued today. The S.MC, as the recognized spokesman for smaller manufacturing in the Tri-State area of Western Pennsylvania, Eastern Ohiu.

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