B-152936, DEC. 2, 1963

B-152936: Dec 2, 1963

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INC.: WE HAVE RECEIVED YOUR LETTER DATED NOVEMBER 11. IS BEING MADE A CONDITION OF CONTRACTS FOR DREDGING AT THE NASA MISSISSIPPI RIVER TEST FACILITY. IT IS BELIEVED THAT THE AUTHORITY TO WHICH YOU REFER IS THAT CONTAINED IN THE ACT OF AUGUST 28. UNDER WHICH NASA IS EMPOWERED. WHEREVER IN ITS JUDGMENT THE NATIONAL DEFENSE WILL BE FACILITATED THEREBY. APPARENTLY ANALOGOUS USE OF THIS EXTRAORDINARY AUTHORITY TO MAKE CONTRACTS COVERING CONSTRUCTION ACTIVITIES INVOLVED IN CERTAIN MISSILE PROGRAMS AT CAPE CANAVERAL AND PATRICK AIR FORCE BASE WAS CONSIDERED BY US IN B- 148930. A COPY OF WHICH IS ATTACHED FOR YOUR INFORMATION. YOUR LETTER IS BEING REFERRED TO OUR DEFENSE ACCOUNTING AND AUDITING DIVISION FOR CONSIDERATION IN CONNECTION WITH ITS AUDIT OF THE FACILITY.

B-152936, DEC. 2, 1963

TO MR. DUDLEY GREENHUT, PRESIDENT, GREENHUT CONSTRUCTION COMPANY, INC.:

WE HAVE RECEIVED YOUR LETTER DATED NOVEMBER 11, 1963, QUESTIONING THE AUTHORITY BY WHICH A PROJECT STABILIZATION AGREEMENT, COVERING CONDITIONS OF EMPLOYMENT, IS BEING MADE A CONDITION OF CONTRACTS FOR DREDGING AT THE NASA MISSISSIPPI RIVER TEST FACILITY.

IT IS BELIEVED THAT THE AUTHORITY TO WHICH YOU REFER IS THAT CONTAINED IN THE ACT OF AUGUST 28, 1958, 72 STAT. 972, 50 U.S.C. 1431 35, AND EXECUTIVE ORDER NO. 10789, NOVEMBER 14, 1958, UNDER WHICH NASA IS EMPOWERED, SUBJECT TO THE LIMITATIONS THEREIN SET FORTH, TO ENTER INTO CONTRACTS OR MODIFICATIONS OF CONTRACTS WITHOUT REGARD TO PROVISIONS OF LAW RELATING TO THE MAKING, PERFORMANCE, AMENDMENT, OR MODIFICATION OF CONTRACTS, WHEREVER IN ITS JUDGMENT THE NATIONAL DEFENSE WILL BE FACILITATED THEREBY. APPARENTLY ANALOGOUS USE OF THIS EXTRAORDINARY AUTHORITY TO MAKE CONTRACTS COVERING CONSTRUCTION ACTIVITIES INVOLVED IN CERTAIN MISSILE PROGRAMS AT CAPE CANAVERAL AND PATRICK AIR FORCE BASE WAS CONSIDERED BY US IN B- 148930, DATED JULY 2, 1962, 42 COMP. GEN. 1, A COPY OF WHICH IS ATTACHED FOR YOUR INFORMATION.

YOUR LETTER IS BEING REFERRED TO OUR DEFENSE ACCOUNTING AND AUDITING DIVISION FOR CONSIDERATION IN CONNECTION WITH ITS AUDIT OF THE FACILITY.