Page:United States Statutes at Large Volume 44 Part 1.djvu/2075

 2061 TITLE :4.- lg) Inebmty to contract with winner; contract with lowest l rveponeiblc bidder.--In msc the Secretary of War or the Sec- t rotary of the Navy shall be unable to make contract as above ’1 authorized with a winner 'ln said competition for tnrnishlng c br emistrixcting aircraft, aircraft  or aeronautical acces- < series covered by the whole cor part of the designs of such A wixmer, or shall be unable to agree with af winner 'in the com- S position on a reasonable purchase price for the design of Such 1 nvinner with whom a contract may not bemade, as aforesaid, < be may retain such designs and shall advertise Aawording to ~ law for proposals for furnishing or constructing aircraft, or 1 paras or accessorip, -in.accorda_nce with such designs. or com-- i lyieations thereof as aforesaid and, after all proposals are sub- - 1 witted, make contract on stich terms and conditions as he may _mnsi<lc:· the best in the Goverrunenfs interests; with the bidder , mat he shall find to be the, lowest responsible bidder ion fur- 1 niahing or constructing the aircraft, parts, or accessories re-. I quired, but the said Secretary shall have `the right to reject g all bids: and to advertise for other bids with such other and t tiifferentspecldcatione as he rnay deem proper. l - ‘ J, · ‘p (b )` Claim of error in detenniaing mofltg of design; ; refer- y wwe to board of arbitration; composition of board.-—If, within ‘ ten days/after the announcement of the results of said compezirion, any»._pa.rtlcipant in the competition shall make `tluj the ` Secretary of Warn: the Secretary of the Navy a rmsonable { showing in writing that error was made in determining the merits of designs aubmitted whercby such claimant was unjustly deprived of an award, the matter »shal1 at once be referred by the  of the department. concerned to a t hoard ot arbitration for determination {and the dnding ot auch. board shall, with the approval of the said Secretary, be conwlusive on both parties. Suchboard —ot·arbltration shallhc composed ot three skilled aeronautical · engineers, one selected by the said Secretary, one "by the claimant, and thethird by those two,· no one oftwhom shall have been ·a member of the · board of appraisal in that competition. ’ ~- I _ (i) SM} by demon owner forrccovcni of oomlpemation for i u#e.»———-Any person, mm, or corporation that shall complain that _ his, their; or ltajdedgns hereafter developed relating to air! craft or any componenm thmeot are used or manufactured by ‘ or for any department of the. Government without just _ com- ,penaation from either the `Governnient or any other source, may within four yearn imm the date of auch. me Me suit ln, '. the Goultcf _Claima'for the recovery ofhis &onable and entire compensation for such use and manufacture alter the date of thla Act,. , .·`_ . » _  ’ ·  lj) Who eligibflc to be awarded contrac-t.+—0nly citizens ot lhe United. States, and corporations of which not less than ·1hree·£ourtha»of the eapltaljatock lay owned by cltlaenaot the United Smtea, and of www the members ot the boards ot. ·. ,¢1irectg>a·a are citizens_of»the United States. and having manu- i (actnrig  located within the continental llmita of the Unltéd States   he elemle to] be awarded any contract under this section to   or construct aircraft, aircraft Harte for aeronantlml   {or the United 8tates·Gov- ernment, except that a domatlc corporation whom stock shall b€li@on   by the provisions ot; thlaiechon   and new foreign ownerahlpor » control of a majority   its stock Qall he known to the_Secretary Zo! War or the Secretary of   Navy, as the   may bc. and no   employed hy' a   for furnishing or con- _ e=trnct”lng’aircra£t, ocalrcraft parts, or aeronautical a%ories for the United `8tat& shall he permitted to have access to the plans or wlnmtiom or tm. work   construction or to para- ` ticlpate in the contract trials without the written consent beforchand of the Secretary of the department concerned. i' L, lu) gumnaee wm: ¤¤»apezu¢¤a.¤r www. anemia. ccc-. lor cxporknenhl   G(§·l’Y of Wa! or the See ltctary of   Navy may at his dlmrwon D¤l‘€h@ abwld 01‘

—·-NAVY/ §750p 11 the United States with or without competition, by contract; >r otherwise; such designs, aircraft, aircraft parts, or aero-- Zinutical accessories as may be necesssry in his judgment for experimental purposes in the development of aircraft or aircraft parts or neronnutical accessories of the best kind for the Army or the Navy, as- the cose may be, and if as n result of such procurement, new and suitable designs considered to be the best kind for the Army or the Navy nre developed, he may anterlinto contract, subject to the requirements of paragraph. (J) of this section, for the procurement; in. quantity of such aircraft, aircraft parts, or aeronautical nccesseries without regard to the provisions of paragraphs (a) to) (el, inclusive, hereof. · _ ‘ ., _ .. (l`)_ Plant cmd books of contractor sobiect to inspection ond audit;-The manufacturing plant, and books, of any-contractor for-·fumishing or constructing aircraft, aircraft ports, or aeronnuticnr accessories, for the War Department or the Navy Department, or such part of any manufacturing plant as may be so engaged, shall ist `nll times be subject to inspection and audit by any person designated by the head of any executive department of the Government. (m) Preservation of-audits and irrspectionsv of Wplonts and books of controctor; aqmual report to Omtgress.-——All_ audits and reports or inspection, ‘ mode under the provisions ot this M- tion, shall be preserved by the Secretary of War or the Seere- ‘ tary of the Navy, as the case may be, for a period of ten yenrs, and  be subject to inspection by any committee of Congress, and the said Secretaries shall rannually make a detailed ~ and itemized report to Domress of all the depo.rtments’ operations under this section, the names and addresses of all competitors, and of jhll persons having been awarded contracts ond the prices pnid for aircraft purchased and the grounds nhd reasons for having awarded such contracts to the particular persons, Hrms, or corporations, and all such reports shall be printed sind held subject to public distribution. (n) Release by ven-dor: and oo••tmotors.——Every vendor of designs to the War Department or the Navy Depa1‘txnent.nnd_er the provisions of this section, and every contractor for furnishing or constructing for the»War Department or- the Nsyy Department, or both; aircraft or {aircraft parts or aeronautical accessories, shall deliver to the Secretary of War orESecretnry of the Navy, or both, when required by either or both, a re— lense in web form and containing such terms and conditions as may be prescribed by the Secretaryr-of War, the Secretary of the Navy, or both, of claims on the pnrt of such vendor] or c0i1·_ tractor against the United Statw arising out ot such sale or contract, or both, ‘_, ·· · ` (0) APP*`0M‘£atipm,• twaélayblo for purchasing designs end costs of orb¢rrotioyi.·¤—~All, or any nppropristions_ available for the urocurement of aircraft, aircraft pnrtior aeronautical nocessories, for the War Department or th Navy Department shall. also be available {or payment or the purchase price uf. designs and the costs; of arbitrntionlns authorized by this section. > ‘— _ ~ _ ,.3; . "(p) Collueion, ctc., to prevent free competition, or audit of can-tractors books; pennlty.—~·——A11y collusion, umlersttixidinxg, er arrangement to deprive the United States Government of the benedt of full and free competition in nuy*_competition authorised by this section, or to deprive; the United States Government of the benefit of n full and free nudit of the books of any person, iirm, or corporation engaged in carrying out any <·ou# tract authorized by this section, so for as maybe necessary to dlsclwe the exact cost ot executing such "contrnct, shall be unlawful, and any person, mm. or corporation that slnnll, upon indictment and trial, be found guilty or yiolnting anytof the provisions of this section shell be sentenced to pny n fine ot not exceeding $20,000, or to be imprisoned not exceeding five years, or both, at the discretion or the,court.~