Page:United States Statutes at Large Volume 44 Part 2.djvu/828

 claims on the part of such vendor or contractor against the United States arising out of such sale or contract, or both.

(o) all of any appropriations available for the procurement of aircraft, aircraft parts, or aeronautical accessories, for the War Department of the Navy Department shall also be available for payment of the purchase price of designs and the costs of arbitration as authorized by this section.

(p) Any collusion, understanding, or arrangement to deprive the United States Government of the benefit of full and free competition in any competition authorized by this section, or to deprive the United States Government of the benefit of a full and free audit of the books of any person, firm, or corporation engaged in carrying out any contract authorized by this section so far as may be necessary to disclose the exact cost of executing such contract, shall be unlawful, and any person, firm, or corporation that shall upon indictment and trial be found guilty of violating any of the provisions of this section shall be sentenced to pay a fine of not exceeding $20,000, or to be imprisoned not exceeding five years, or both, at the discretion of the court.

(q) In the procurement of aircraft constructed according to designs presented by any individual, firm, or corporation 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 modifications there of, the Secretary of War or the secretary of the Navy, when in his opinion the interests of the United States will be best served thereby, may contract with said individual firm, or corporation at reasonable prices for such quantities of said aircraft, aircraft parts, or aeronautical accessories as he may deem necessary: Provided, That the action of the Secretary of War or the Secretary of the Navy, in each such case shall be final and conclusive.

(r) A board to be known as the patents and design board is hereby created, the three member 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 recommendation of the National Advisory Committee for Aeronautics shall determine whether the use of such designs by the Government is desirable or necessary, and evaluate the designs so submitted and fix the worth to the United States of said design, not to exceed $75,000. The said designer, individual, firm, or corporation, may then be offered the sum fixed by the board for ownership or a nonexclusive right of the United Stats to the use of the design in aircraft, aircraft parts, or aeronautical accessories and upon the acceptance thereof shall execute complete assignment or nonexclusive license to the United States: Provided, That no sum in excess of $75,000 shall be paid for any one design.

(s) The terms "winner" or "winners" as used in this section shall be construed to include not more than three competitors having the highest figures of merit in any one competition.

(t) Hereafter whenever the Secretary of War, or the Secretary of the Navy, shall enter into a contract for or on behalf of the United States, for aircraft, aircraft parts, or aeronautical accessories, said Secretary is hereby authorized to award such contract to the bidder that said Secretary shall find to be the lowest responsible bidder that can satisfactorily perform the work or the service required to the best advantage of the Government; and the decision of the Secretary of the department concerned as to the award of such contract, the interpretation of the provisions of the contract,