B-112635, NOV 7, 1952

B-112635: Nov 7, 1952

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PRECIS-UNAVAILABLE THE SECRETARY OF DEFENSE: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 30.

B-112635, NOV 7, 1952

PRECIS-UNAVAILABLE

THE SECRETARY OF DEFENSE:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 30, 1952, REQUESTING CONFIRMATION, BY WAY OF A DECISION, OF THE CONCLUSION ARRIVED AT INFORMALLY BETWEEN REPRESENTATIVES OF YOUR DEPARTMENT AND THE GENERAL COUNSEL OF THIS OFFICE THAT THE PROVISIONS OF SEC. 635 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1953, 66 STAT. 539, RELATE ONLY TO CONSTRUCTION CONTRACTS, AND THAT THE PROVISION IN NO WAY INVOLVES SUPPLY CONTRACTS.

THE CONCLUSION IN THE PREMISES REPRESENTS WHAT I CONSIDER TO BE THE CORRECT INTERPRETATION OF THE STATUTE.