Page:United States Statutes at Large Volume 44 Part 1.djvu/2074

 §75 TITLE { required by the Navy, in bidding on Such aircraft; spare parts, or equipment, have named a price in excess of cost of production I ~ plus a reasonable profit. n _. · - To provide for the construction of the heavier—tha1;·air craft and the.ligl1ter-than-air- craft herein enamerated and described, except thaagexperimental nietalclad airship, there is hereby authorized to be appropriated, out of any money in the fljreasury not otherwise appropriated, such sums as may be necessary, including, for the fiscal year ending June 30; 1927, toward the construction or the heavier-tha11—air craft: program, the smh of _u;ot to exceed $12.285,000 and toward the construction of the two rigid airships, to beavailable until expended, $1,100,000, of which gum $100,000 may be made immediately available. `(June 24, 1926, c. 668, § 2, 44 Stat. 765.) l · ‘ · ‘New section; · 750. Encouragement of aviatio1l.—(':1)_Aeronautic mot.#ériel;· adz·m·tiec·znAeez-t for bid.; fmt desigm fm: aircrjofte and accessories.-That in order to encourage the development ofa aviation and improve the efficiency of thé€A·rmy and Navy aeronautical materiel the Secretary of War or the Secretary of the Navy; prior to the procurel11e11t’of new designs of aircraft or aircraft parte or aeronautical accessories, shall, by advertisement for a_ period, of thirty days in at least three of__ the leadi11g°aerq;1autireal journals and in such other manner as_hé may deem advisable, invite the submission in competition, by sealed commgmications; of saach desihsyot aircraft, aircraft parts, and aeronautical accessories; together with a statement of the price for which such designs in whole `or in part Will be sold to the Government. ‘ (bl Contents of-adcert1`sement,·-submission of bids-to board; report of wiomc·r.—-—The aforeeaidadvertisement shall specify a su§cient time, not less, than sixty days from the expiration of the advertising period, within which all such communications containing designs and gprlces therefor must be slxbmitted, and all such communications received shall be carefully kept sealed in the ·War‘Depertment or the Navy Department, as thecase may be; until theexpirationi ofsaid specided time, and no designs mailed after that time shall be received or considered. Said] advertisemeaw shall state `in generaljterme the kind of aircraft, parts, or accessories to be developed and the approxi· _ mate, number or quantity required, and the department con- ‘· cerued shall furnish to eaeh applicant identical specific detailed Iitformatioxras to the conditions had requirements of the commtltion and as to the various features and characteristics to he developed, listing specidcally the respective measures ot merit. expressed in rates` per eeutumQ that ahall be applied in detexjminingthe merits of the Vdeslgma, and said mesure of merit shall be adhered to throughout such competition, 'All designs received up to the time epecided for submitting them shall then, be referred to a hoard appointed for that purpose by the Hecretary of the department concerned and -shall" be appraised by lt as soon as practicable and report made to the Secretary as to the wlmier or wltmlers of auch. competition. When said Secretary shall have approved the report of Tsaid beard, he shall then dx a time and place for a public announce-- aéent ot the results and notify each competitor thereofhbut it sold report shall be disapproved by said Secremry, the. aixall be returned to the board for. rerialon or the competition be decided"' by the Secretary, in bla discretion, and in my cue the decision of the Secretary shall be dual .aud-conclusive. Such aunouucemeatshall include the pméentagw awarded to. each of the several Iwtures or characteristics of the desigusf sgbmltted by earch competitor and the Rprlea named by the competitors for their designs and the.‘several·feat£:res thereof ‘ 1: eqmmune. ‘, C' · · - J ( (cl 'Omotmct with winners. .· Thereupon the said 3ec!’€tal‘y is nmhorizeel to comraet with the winner or winners-·ih auch qompetltllou on auch terms and coxulitiems as he may deem

$4.-»2s14 VY 2050 most advarlrtageeueto the Government for ,furai.slning or con. structing all of each of the items, or all of any one or more of the several items of the aircraft, or parte, cr {lCCéS·SOI'iGS·ll1(llcated in the advertisement, as the said Secretary shall hud that in his judgment a winner, is, or can within 1rreas0n·ab1t· .time·bec0me, able and equipped. to furnish or construct satisfactorily all or part, fprovided said Secretary and the winner shall be able to agree on a. reasonable·p;i§_ce. If tbe_Sccretary` shall declde that a ~Wll1llé1’ cannot reasonably carry out and perform a`c0ntracf_for all or part of such aircraft, parts,·or accessories, as above pi·0vided,_ then he is authorized to purl ` chase the winning designs or any separable parts thereof if a fair and reasonable price can be agreed oawitb thexviuncr, lJl.llZ_ll0t,l.l1 excess of the p17ice.é.ubmi_ttcd with the designs. (d) Construction acoorjdimy to ·w§na-ing designs; application for pq-tent by ·w>i~miér.—-After contract made, as autlnorizctl by anyyprovisioxi of thiscsection, with winner in such design competition for furxiishingx or colxstructing aircraft, aircraft parts, or· aeronautical accessories in accordance with. his ,designs and payment is completed under said contract, andaftcr , the. purchase of and 'payn1enf5for.`tlxe dcsigua or separable parts thereof of a winner, as autlnorilzed herein, with whom a » contractshall not have been made for furnishing or construct, _i11 aircraft, aircraft- parts or··_ aeronautical accessories in accordance vyith his designa, then in either case any department _ " of the Govcrmnent shall have the right without -fm·ther_ compensation to Lthe winner -to construct or have xonstmctcd ac· COl°(]:lIlg to said designs, and use any m1mber‘ot.aircraft or “ parts or accessories. and sell said aircraft or parts or acces- _ series according to law as condemned material: —Prot·ided, That such wjnner shall, nevertheless,. be at liberty" to apply for a patent one any features originated by hint, and shall be-entitled » to enjoy the exclusive rights under such patent as hemay obtain ll? s against all other persons except the United? States Govern- `lIl€DfO1' its assignee as aforesaidQF_ » • . (c) Subonissfwa by competitors of praduated scale of prices.-- `The competitors in design competition mentioned in this section shall submit with thelr designs a graduated scale of prices for. wlifcln they are willing to construct any or all or each·‘ot' the · aircraft,. aircraft parts, and aeronautical accessories fcc which deaignafare snbmltted and such, stated prices shall not , beexceeded ln the awarding of contracts contemplated bylthis section. _, . · T ’ (I) Reject-ion of designs; dwieioa of von-tract.; among ¢·o:a— peteitoraa-—-If the`Se<;;etal·y ot Wat or the Secretary of the Nayy shall and that in bla jndgwt none of the dc sub? · mitted `irlv said competition is of su&clen·t merit to· justify the procurement of aircraft. ·a1rcra1't” parts, or aeronautical acces soriea in accordance therewith, then he shall not be obligated to accept any of such dmigaa or to make any `paymeat onaccount ot anyot them; If the Secretary of the department ‘ concerned shall decide that the designs aubrnitted by two or more competitors pomus equal merit, or that certain feature: ` embodied in the dcslana of any competitor are sapeaio: to correspondlnz features -ernbodlQ in the dwims of any other competitor arm such rectum cg one d—&n may be sabmtatul ia p another dulan, the said Seuetar; shall in hji discretion l divide the contracts for tmrnlshiag am rnanuiactnring the atr- , craft, mrts; or accessories required, equitably among thaw competitors that 'have snbaeit ted designs ot. equal xaeelt; or he may aelect and combine features ot superior excellence in ditferem desigaa in auch maaaer as may in h_ls· judment best V serve the Governnnenfs interests and make payment accordingly l to the several competitors concerned at fair and rewiaablc prices, awarding the contract for furnishing or céaktawtlng the aircraft} parts, or ac ,rle~z to the competitor or com-? petltora concerned that have the highest figures ot merit in aaid competition. ‘ ‘