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CHAPTER XIII-PETROLEUM ADMINISTRATION FOR WAR
NOTE: The following orders were issued during the period covered by this Supplement: Administrative orders.
Materials redistribution program.
No. 79. Limitation upon use of butane
and propane-butane mixture in oil and gas No. 1. Motor oil and fuel oil for military
drilling operations. Oct. 23, 1944, 9 F.R. and other essential uses. As am. Feb. 1, 1943,
12747. Amdt. 4, Feb. 15, 1944, 9 F.R. 1819. Amdt. 5, Apr. 19, 9 F.R. 4304.
DISTRIBUTION ORDERS No. 11. Delivery, acquisition and use of petroleum. As am. Jan. 1, 1944, 9 F.R. 107. No. 13. Marketing fuel oil. As am. July As am. July 1, 9 F.R. 7445; Amdt. 1, Nov. 17, 25, 1944, 9 F.R. 9018. Amdt. 1, Oct. 21, 9 F.R. 9 F.R. 13807. Supp. Order 1, Aug. 11, 9 F.R.
12748. 9789. Supp. Order 4, as am. June 1, 9 F.R.
No. 14. Marketing motor fuel. As am. 6031. Supp. Order 5, as am. Apr. 19, F.R. Feb. 26, 1944, 9 F.R. 2302. Amdt. 1, May 18, 4303. Supp. Order 7, Aug. 26, 9 F.R. 10648.
9 F.R. 5346. Supp. Order 8, Amdt. 1, Aug. 25, 9 F.R. 10427.
No. 18. Marketing naphtha. Amdt. 1, Supp. Order 10, Jan. 21, 9 F.R. 851. Supp. Apr. 8, 1944, 9 F.R. 3859. Order 11, May 2, 9 F.R. 4651. Supp. Order 12, No. 20. Marketing petroleum. May 18, July 1, 9 F.R. 7448. Supp. Order 13, Aug. 18, 1944, 9 F.R. 5346. 9 F.R. 10094. Supp. Order 14, Aug. 25, 9 F.R. No. 21. Premium motor fuel. June 21, 10427. Supp. Order 15, Oct. 23, 9 F.R. 12748. 1944, 9 F.R. 6952. Amdt. 1, July 21, 9 F.R.
No. 12. Marketing material conservation. 8934. Amdt. 2, Sept. 25, 9 F.R. 11805. Amdt. As am. Apr. 8, 1944, 9 F.R. 3858. Amdt. 1, 3, Dec. 27, 9 F.R. 15108. Aug. 11, 9 F.R. 9790.
No. 22. Manufacture and delivery of fuel No. 15. Material conservation; pipe lines, oil. June 28, 1944, 9 F.R. 7203. Amdt. 1, July terminals and refining. As am. Feb. 3, 1944, 14, 9 F.R. 7944. As am. Sept. 2, 9 F.R. 10880. 9 F.R. 1458. As am. July 27, 9 F.R. 9170; Amdt. 1, Nov. 17, 9 F.R. 13807.
MATERIALS REDISTRIBUTION PROGRAM No. 23. Residual fuel oil. Aug. 25, 1944,
No. 2. Determination of surplus critical 9 F.R. 10428.
materials. Amdt. 1, June 3, 1944, 9 F.R. 6111. DIRECTIVES
Amdt. 2, Nov. 17, 9 F.R. 13807. No. 59. Petroleum supply program. As
RECOMMENDATIONS am. Dec. 1, 1943, Amdt. 1, Jan. 17, 1944, 9 F.R. 1457. Amdt. 2, May 1, 9 F.R. 4897. Amdt. 3, No. 5. Petroleum products in District 1. Sept. 23, 9 F.R. 12280.
Revocation, July 25, 1944, 9 F.R. 9068. No. 64. Schedule of production for Dis
No. 8. Use of blending agents; base stock trict Two. Revocation, Sept. 14, 1944, 9 F.R. of aviation gasoline of 85.0 octane number 11399.
or less. Revocation, July 24, 1944, 9 F.R. 8933. No. 65. Elimination of unnecessary move No. 10. Reports on procurement of petroments within District Two. As am. March leum on East Coast. Revocation, July 25, 15, 1944, 9 F.R. 3095, 3355.
1944, 9 F.R. 9068. No. 66. Manufacture of asphalt. Revoca No. 16. Aviation gasoline. Revocation, tion, Oct. 19, 1944, 9 F.R. 12648.
July 24, 1944, 9 F.R. 8933. No. 69. Transportation; use of inland No. 19. District 5, Pacific Coast area. waterway equipment in Great Lakes-New Amdt. July 3, 1944, 9 FR. 7525. York Area. As am. May 29, 1944, 9 F.R. 6112. No. 28. Aviation grade petroleum. Revo
No. 70. Foreign Operations Committee. cation, June 8, 1944, 9 F.R. 6263. Amdt. 1, May 20, 1944, 9 F.R. 5830.
No. 37. Contractual commitments for disNo. 71. Diesel fuel in West Coast Area and
tribution of fuel oil. Revocation, Oct. 19, in Hawaii and Alaska. Revocation, Sept. 30,
1944, 9 F.R. 12647. 1944, 9 F.R. 12040. No. 72, Delivery and use of road oil pro
No. 39. Conservation of fuel oil. Revocahibited. Amdt. 1, Nov. 1, 1944, 9 F.R. 13068.
tion, Oct. 19, 1944, 9 F.R. 12647. No. 77. High-octane aviation gasoline.
No. 47. Abandonment of oil or gas wells. July 24, 1944, 9 F.R. 8933.
Revocation, June 23, 1944, 9 F.R. 7020. No. 78. Supply program in District Three. No. 56. Petroleum coke. Revocation, Oct. Oct. 14, 1944, 9 F.R. 12843.
7, 1944, 9 F.R. 12360.
CHAPTER XIV-WAR CONTRACTS PRICE ADJUSTMENT
BOARD [ADDED] NOTE: This chapter applies to renegotiation for fiscal years ending after June 30, 1943.
Part 1601 Authority and organization for 1605 Agreements and statements. renegotiation.
1606 Impasse procedure. 1602 Procedure for renegotiation.
1607 Forms for renegotiation. 1603 Determination of renegotiable 1608 Text of statutes, orders, joint regbusiness and costs.
ulations and directives. 1604 Determination and elimination of
excessive profits. AUTHORITY: Parts 1601 to 1608, inclusive, Issued under 56 Stat. 245, as amended; 50 U.S.C. App., Sup., 1191 (d).
NOTE: For an explanation of the numbering and arrangement of the original Renegotiation Regulations, see $ 1601.123.
PART 1601-AUTHORITY AND OR
GANIZATION FOR RENEGOTIATION
Subpart A-Summary of Renegotiation Act of
1943 and Related Statutes Sec. 1601.101 Scope of subpart. 1601.102 War Contracts Price Adjustment
Board. 1601.103 Coverage. 1601.104 Exclusions and exemptions. 1601.104-1 Mandatory. 1601.104-2 Permissive, 1601.104-3 Exemption measured by volume
of business. 1601.1044 Profits from increment in value
of excess inventories. 1601.105 Renegotiation clauses in con
tracts. 1601.106 Determination of excessive prof
its. 1601.106-1 Costs. 1601.106-2 Unused amortization deduction. 1601.106-3 Fair cost allowance in the ex
empted state for raw materials and agricultural commodities in the case of integrated pro
ducers. 1601.106-4 Factors in determining excessive
profits. 1601.107 Renegotiation by fiscal years. 1601.108 Renegotiation procedure. 1601.108-1 Mandatory filing of statement. 1601.108–2 Commencement of renegotiation
proceedings. 1601.108-3 Statute of limitations. 1601.108-4 Agreement or order determining
excessive profits. 1601.108-5 Statement to the contractor or
Sec. 1601.108–6 Eliminating excessive profits. 1601.109 Delegation and review. 1601.109–1 Delegation. 1601.109–2 Review by the War Contracts
Board. 1601.110 Redetermination of excessive
profits by The Tax Court of the
United States. 1601.111 Applicability. 1601.111-1 Applicability of the 1943 act in
general. 1601.111-2 Applicability in special cases. 1601.111-3 Termination of renegotiation. 1601.112 Applicable and related statutes. 1601.112–1 Renegotiation Act of 1943. 1601.112-2 Section 3806 of the Internal
Revenue Code. 1601.112-3 Title XIII of Second War Powers
Act. 1601.112-4 Repricing of war contracts.
Subpart B-Preliminary Material 1601.120 Scope of subpart. 1601.121 Applicability of renegotiation
regulations. 1601.121-1 Years to which applicable. 1601.121-2 Rescission of prior instructions. 1601.122 Definitions of terms. 1601.122–1 Statutory definitions. 1601.122-2 Chief of a service. 1601.122-3 Contract. 1601.122-4 Contractor. 1601.122-5 Department. 1601.122–6 Departmental Board. 1601.122–7 Joint Board. 1601.122-8 Mandatory financial statement. 1601.122-9 Renegotiation Act. 1601.122-10 Renegotiation Act of 1943, 1943
act. 1601.122–11 Renegotiation Act of 1942, 1942
Sec. 1601.122–12 Renegotiable business, renegotia
ble sales, and nonrenegotiable
business. 1601.122–13 Secretary. 1601.122-14 Section. 1601.122-15 Service. 1601.122–16 Statutory renegotiation, 1601.122-17 War Contracts Board. 1601.123 Arrangement of renegotiation
regulations. 1601.123–1 Organization. 1601.123–2 Numbering. 1601.123-3 Citations. 1601.124 Amendments and additions. 1601.125 Changes in interpretations. 1601.126 Federal Register. 1601.127 Official copies. 1601.128 Copies of renegotiation regula
Subpart C-Organization and Functions of the
Price Adjustment Boards and Sections 1601.130 Statutory authority. 1601.131 War Contracts Price Adjustment
Board. 1601.131-1 Functions. 1601.131-2 Seal. 1601.131-3 Delegations. 1601,131-4 Jurisdiction. 1601.131-5 Review by the Board. 1601.132 War Department Organization, 1601.132-1 Organization and functions of
War Department Price Adjust
ment Board. 1601.132–2 Organization and functions of
War Department Price Adjust
ment Sections. 1601.133 Navy Department organization. 1601.133–1 Navy Price Adjustment Board. 1601.133-2 Services and Sales Renegotiation
Section. 1601.184 Treasury Department Price Ad
justment Board. 1601.135 Maritime Commission Price Ad.
justment Board. 1601.136 War Shipping Administration
Price Adjustment Board. 1601.137 RFC Price Adjustment Board. 1601.138 Joint Price Adjustment Board. 1601.139 Addresses.
Subpart A-Summary of Renegotiation
Act of 1943 and Related Statutes $ 1601.101 Scope of subpart. The summary of the Renegotiation Act of 1943 in this subpart is designed to provide only a general outline of its structure and basic provisions. . The detailed discussion of these provisions and of their interpretation and application is contained under the appropriate subparts of subsequent parts of this chapter. (RR 101]
§ 1601.102 War Contracts Price Adjustment Board. Subsection (d) of the 1943 act creates the War Contracts Price Adjustment Board, which, for convenience, is referred to in these regulations as the War Contracts Board. Authority with respect to renegotiation is vested in this Board subject, however, to being delegated, in the Board's discretion, to the Secretaries of the Departments, with right of redelegation. The Board is composed of six members, one each from the War Department, the Navy Department, the Treasury, the Maritime Commission or the War Shipping Administration, the Reconstruction Finance Corporation, and the War Production Board. The War Contracts Board, its powers, duties and functions, and its authority to delegate its duties and functions are described more fully in $ 1601.130 and following. (RR 102]
$ 1601.103 Coverage. (a) In general, the 1943 act applies to amounts received or accrued in fiscal years ending after June 30, 1943 under all contracts with the Departments and subcontracts, with the exceptions stated under $ 1601.104 (subsection (c) (6) discussed in § 1603.348).
(b) Subcontracts include purchase orders or agreements to perform all or any part of the work, or to make or furnish any article, required for the performance of any other contract or subcontract but do not include any purchase order or agreement to furnish office supplies. A contract or arrangement to procure a contract with a Department or a subcontract thereunder is also a subcontract. Subcontracts are not limited to those made by a prime contractor but include those made by a subcontractor or sub-subcontractor down through the various tiers (subsection (a) (5), discussed in 1603.333).
Subpart D—Relation of Renegotiation Act and
Royalty Adjustment Act Concerning Patents 1601.140 Scope of subpart. 1601.141 Royalty Adjustment Act. 1601.142 Patent licenses subject to rene
gotiation. 1601.143 Allowance of royalties as costs.
SOURCE: $$ 1601.101 to 1601.143, inclusive, contained in Renegotiation Regulations, Mar. 24, 1944, complete through Revision 14, Dec. 29, 1944, 10 F.R. 963.
NOTE: Part 1601, as originally issued Mar. 24, 1944, appears at 9 F.R. 4135; amendments thereto appear at 9 F.R. 6154, 9107, 11764, 12845.
(c) The coverage of the 1943 act is discussed in detail in Part 1603. (RR 103)
$ 1601.104 Exclusions and exemptions. (RR 104]
$ 1601.104-1 Mandatory. The 1943 act does not apply to:
(a) Contracts between the Departments and other Governmental agencies (subsection (1) (1) (A), discussed in $ 1603.343);
(b) Contracts or subcontracts for certain raw materials (subsection (i) (1) (B), discussed in $ 1603.344);
(c) Contracts or subcontracts for agricultural commodities in a certain form or state (subsection (i) (1) (C), discussed in § 1603.344-2);
(d) Contracts or subcontracts with tax exempt charitable, religious or educational institutions (subsection (i). (1) (D), discussed in $ 1603.345);
(e) Construction contracts with a Department let under competitive bidding (subsection (i) ((E), discussed in $ 1603.346); or
(f) Subcontracts under prime contracts or other subcontracts of the types listed above which are exempted by subsection (i) (1) (subsection (i) (1) (F), discussed in § 1603.347). (RR 104.1]
$ 1601.104–2 Permissive. The War Contracts Board may, in its discretion, exempt from any or all of the provisions of the 1943 act:
(a) Any contract or subcontract:
() To be performed outside of the continental United States or in Alaska (subsection (i) (4) (A), discussed in § 1603.351);
(2) Under which the profits can be determined with reasonable certainty when the contract price is established (subsection (i) (4) (B), discussed in $ 1603.352);
(3) During a specified period or periods, to the extent that the contract provisions are adequate to prevent excessive profits (subsection (i) (4) (C), discussed in $ 1603.353);
14) For a standard commercial article if competitive conditions are such as will reasonably protect the Government (subsection (i) (4) (D), discussed in § 1603.354)
(5) If competitive conditions affecting the making of such contract or subcontract are likely to result in effective
competition with respect to the contract price (subsection (1) (4) (E), discussed in § 1603.355); or
(b) Any subcontract or group of subcontracts, if it is not administratively feasible to segregate the renegotiable from the non-renegotiable business (subsection (i) (4) (F), discussed in $ 1603.356). The Board may make such exemptions by individual contracts or by general classes or types of contracts (subsection (i) (4), discussed in $1603.357). [RR 104.2]
§ 1601.104-3 Exemption measured by volume of business. Subsection (c) (6) provides that renegotiation shall not apply to any contractor or subcontractor unless the aggregate of the amounts received or accrued by the contractor or subcontractor (and all persons under the control of or controlling or under common control with the contractor or subcontractor) under contracts with the Departments and subcontracts, not including subcontracts for procuring contracts or subcontracts, exceed $500,000 (discussed in $ 1603.348). In the case of subcontracts for the procuring of contracts or subcontracts, this figure is $25,000 (discussed in § 1603.348). (RR 104.3)
$ 1601.104-4 Profits from increment in value of excess inventories. The 1943 act excludes from renegotiation that portion of the profits derived from contracts with the Departments and subcontracts attributable to the increment in value of excess inventories of certain raw materials and agricultural commodities (subsection (i) (3), discussed in $ 1603.344_4). (RR 104.4)
$ 1601.105 Renegotiation clauses in contracts. (a) The 1943 act directs each Secretary to insert in each contract made by his Department, involving more than $100,000, terms under which the contractor agrees (1) to renegotiation, (2) to the withholding or recovery of excessive profits by the United States and (3) that he will insert like terms in all subcontracts made by him involving more than $100,000, and will require the subcontractor to insert like terms in contracts entered into by him. In the case of subcontracts for procuring contracts with the Departments these terms are to be placed in all such subcontracts for more than $25,000 (subsection (b), discussed in § 1603.331).
(b) The 1943 act permits these terms to be incorporated in contracts and subcontracts by reference and each contract or subcontract is made subject to such terms whether or not they are incorporated either physically or by reference. (RR 105]
$ 1601.106 Determination of excessive profits. (RR 106]
$ 1601.106-1 Costs. In determining the profits from renegotiable business, the 1943 act requires the War Contracts Board to allow costs determined in accordance with the method of cost accounting regularly employed by the contractor or if such method does not properly reflect such costs, the Board is authorized to prescribe the method under which such costs shall be determined. No item of cost shall be allowed which is unreasonable or which is not properly chargeable to the contract or subcontract. Notwithstanding these provisions, all items estimated to be allowable as deductions or exclusions for income tax purposes, to the extent they are allocable to renegotiable business, are to be allowed in determining excessive profits. State income taxes, to the extent they are attributable to the portion of the contractor's profits determined to be excessive, however, are not allowable (subsection (a) (4) (B), discussed in § 1603.389). (RR 106.1)
8 1601.106-2 Unused amortization deduction. The 1943 act provides for the repayment by the United States to a contractor or subcontractor, without interest, of the amount of the net renegotiation rebate determined in accordance with procedures and principles set forth in the 1943 act in the event of a recomputation of the amortization deduction provided for in section 124 (d) of the Internal Revenue Code (subsections (a) (4) (C) and (D), discussed in § 1603.388-2). (RR 106.2]
$ 1601.106-3 Fair cost allowance in the exempted state for raw materials and agricultural commodities in the case of integrated producers. In order to provide for equitable treatment of the integrated producer, the 1943 act provides for the allowance of a fair amount of cost in the exempted state for certain raw materials and agricultural commodities in the case of integrated producers who produce or acquire such materials or commodities below such state and process them up to and beyond such state (subsection (i)
(3), discussed in § 1603.344-3). In this connection attention is also directed to $ 1601.104 4 supra, which in effect gives the contractor or subcontractor who acquires the exempted raw materials and agricultural commodities at the exempt stage the benefit of a similar special cost allowance to the extent that such products constitute excess inventory of such a contractor subcontractor. (RR 106.3)
$ 1601.106-4 Factors in determining eccessive profits. The 1943 act defines excessive profits to be the portion of the profits from the renegotiable business of the contractor or subcontractor which in the light of a list of factors set out in subsection (a) (4) (A) of the act is determined to be excessive. These factors cover such matters as eficiency, costs, capital, risk, contribution to the war ef. fort, character of business, and such other factors as the public interest and fair and equitable dealing may require (discussed fully in $ 1604.408 and following). (RR 106.4]
$ 1601.107 Renegotiation by fiscal years. The 1943 act applies to fiscal years ending after June 30, 1943, and requires that renegotiation be conducted on an overall fiscal year basis. Renegotiation may relate to any period other than a full fiscal year only with the consent of the contractor or subcontractor. The 1943 act requires that renegotiation relate to the aggregate of the contractor's war business for the year unless the contractor requests and the War Contracts Board agrees to the renegotiation of separate contracts (subsection (c) (1), discussed in
$$ 1603.301-1601.303). (RR 107]
8 1601.108 Renegotiation procedure. (RR 1081
$ 1601.108-1 Mandatory filing of statement. The 1943 act requires every contractor or subcontractor not specifically exempted from renegotiation to file with the Board on or before the first day of the fourth month following the close of the fiscal year, or after the date of the enactment of the Revenue Act of 1943, whichever is the later, a statement con. taining such information as the Board may by regulations prescribe (subsection (c) (5) (A), discussed in 1602.220 and following). In addition to this statement, which is considered to be the statement for the purposes of the beginning of the statute of limitations, the War