Page:United States Statutes at Large Volume 44 Part 1.djvu/1919

 1995 TITLE 10.- clmae abroad or in the United States with or without competiysnn, by contract. or otherwise, such deaigus, aircraft, aircraft parte. or aeronautical accessories as maybe necesmry in his jmlement for experimental purposes in the development of
 * aire·r:aft or aircraft parte or aeronautical accessories: of the

l·e~t kind for the Army or the Navy, as the case may be, and if gh n result of such procurement, new and suitable designs coneideretl to be the best kind for the Army or the_Navy are dt·velope<l, he may enter into contract, subject to the requireymems of paragraph (j) of this section, for the procurement in quantity of auch aircraft, aircraft parts, `orzaeronautical accessories without regard to the prowgiaions of paragraphs la) to (en, inclusive, hereof. r ‘ t · n _. (1} Plant and books of contractor furnishing aircraft or ywme-Right of Government to inspect and czegditj The manumeturing plant, and booka, of any contractor for furnishing or mmslruetizng aircraftj aircraft parts; or; aeronautical accesao;-ies, for the War Department or the Navy Department, or such partyypt any manufacturing plant as may be so engaged, 4
 * sl¤a1i°£lt”/all times be subject toinspection and audit by anyj

person designated by the head of any executive department of ‘ —the Government. 0, _— I  - · (an; Presermiion of oudité and reports of ·impoction-» Report to Congress of operations. A11, audits and reports of impection. made under the provisions of this section,-shall be prt;eerved by the Secretary. of War or the/Secretary of the Navy, as the case may be, for a period of ten ymra, and shall be enbjeet to inspectioxfby any committee of Congress, and the ” said Secretaries shall annually make ¤»aem1ea_¤¤¤ itemized report to Congress of all the, d€D¤1‘tments’ operations under this section, the _—namea and addresses of all competitors, and_._ at all persons having been awarded contracts and the prices paid for aircraft purchased and the grounds and reasons for l having awardedKau& contracts to the particular persons, Hrms, I or corporations, andall such reports shall be printed and held subject to public distribution. ° ·  " ' (n) Release ofo`·claim•-Delivery to Secretary of War .or_ Secretary of Newy by vendor or contractor. Every vendor of vdesigns to the War Department or the Navy Department under the provisions ot this section, and every contractor for furnishing or constructing for the War Department or the Navy De¥· partment, or both, aircraft or aircraft parts or aeronautical aecmorm, shall deliver to the Secretary oi War or Secretary of the Navy, or both, Awhen reqnired by either or both,.a release in sinch form and containing such terms and conditions as may be r  by me Secretary of »_War, the Secretary ot- the _Navy, or both, ot claims on the part ot such vendor, or ·contractor against the United Staten arming out. of auch sale or contractporbmh. · · . -° , I ‘ (o) 4ppmps~¢attosu—Ava4Ia&i1J#y. ·or any appropriations avaliable for the procuremut ot aircraft, aircraft parts, or aeromntieal accesories, for tm War Department or the Navy Deparmenty ®al1 be available tor` payment or thai purchase price ot  and the eoata ot arbitration, aa authorized hy Chi8   _ __ _ __: o (p)· Oouuion, etc., arieettao, competition or way declared atyaavfsrl-Poao1¢y.· Any. eollmion, understanding, or arrange- · ment to deprive the United States Gavernmegt 6: the -benedt_ ot tail and tree eompetitdoa in any, competiti n aathoriaed by . this section, or to deprive the United Siam Government ot the benentiot a fall and free audit of the hooks of any person, arm, or corporation `enpged in carrying out any contract authorized .l>y this muon, no tar as may be nmemry to disclose the exact coat otexecnting auch contract, ahall `M unlawful, and any person, arm, or eorporatton that shall, upon indictment andtrial, ' be foand guiity oi violating any of the" peoviaiona of this seen tionahall be-sentenced to pay a` ine or not exceeding $20,000, ~ 88270*--28-¢-Q-120` · ‘ ·

»~.41a.11Y ‘§334 to or to be imprisoned not exceeding five years. or both, at the discretion of the court. ·' (fl) Contract for procuwnwnt of oircm;‘t, ctc., of ern·1Fmdesign. In the procurémrent of aircraft <;·oustrnctotl accortliug to designs presented by anyindividual, iirm, or corporatiou prior to the Passage of this Act, which designs have been reduced to practice and found to be suitable, for the purpose intended, or according to such designs with minor modiiicatioins thereof. the Sccretarzy of War or the Secretary of the Navy, when in his opinion the interests of the United States will be best served t11ereb_y._ may contract with said individual, hrm, or corporation, `atq reasonable prices for such quantities of said aircraft, aircraft parts, or aeronautical accessories as he may deem necessary: Provided, That the action of the ,Secreta1>y of Waiver `the_So<·retary of the Navy, in each such case shall be iinul and conclusive. (1·)_ Patents and design boardoreated-Subxraission to beard of designs forwziroraft, ctc.-——l·}’croI11¢ztioi1»—Pe¢rchuse of ownership or right to usc. _A board to be known as the patents and design board is hereby created, the three members of which shall be an Assistant Secretary of War, an Assistant_Secretary of the Navy, and an Assistant Secretary of Commerce. To this board any individual, firm, or corporation may submit a design for aircraft, aircraft parts, or aeronautical accessories; and whether patented or unpatentable, the said board upon the recommendation of the National Advisory Committee for Aero:. nautics sha]-1 determine whether the use ot such designs by the Government is desirable or necessary, and evalnate the designs so submittedand Hx the worth to the United States of said design, not to, exceed` $75,000. . The said designer, individual, firm, or, corporation, hay then be offered"tbe sum Bxed by the board for the ownership or a nonexclusive right of the United `States to the use of the design an aircraft, aircraft parts or aeronautical accessories and upon the acceptance thereof shall execute complete assignment Nor nonexclusive license toj the United States: Protwided, That no sum in excess of $75,000 shall ' be paid for any-onedesign, _ " _ ·. } J ._ - (s) “Winner" or "winnera" construed. The terms “winner " or ‘€ winners " as used in this section shall be construed i to include not more than three competitors having the highest tlguresof merit in any one competition. I » Q a (t) Contract for aircraft, ctc.--·.»twa~:·d to lowest responsible * bidder-···Rc·vtcw of decision of Secretary of War of S€0f6$§T§€ of N aevy. ‘ Hereatter whenever the Secretary `ot War, or the Secretary of the- Navy, shall enter into a contract for or on behalt not the United States, for aircraft; aircraft parts, or aeronautical accessories; said ‘ Secretary is herebf authorized to award such contract to the bidder that said Secretary shall and to be the lowest responsible bidder that can satisfactorily perform the work or the service required to the best advantage oi'. the Government; and the decision of the Secretary _ ot the department concerned as to the award ot. such contract, the interpretation of the provisions of the contract, and the application and administration ot the contract. shall not be reviewtable, otherwise than as may be therein provided for, by any o@cer or tribunal of the United States except the President and the Federal courts. (July 2, 1926, c. 721, 5 10, 44 Stat. . New section., J Chapter 19Q--PEILIPPINE SCOUTS. _ ¥ ° 334. Pay and allowances of enlisted men.-—·——Tlic pay and allowances ot, whatever nature and kind to be authorized for the en1isted`_6en·of the Philippine Scouts shall be Bred hy the Se¢retary·ot War.and'—shall not exceed or be or other classes _ ~· than those now or which may hereafterbe authorized by law for enlisted men of the Regular Army:_P§m·idcd, 'Ilhat pay-