Page:United States Statutes at Large Volume 48 Part 1.djvu/530

 504 73d C ONGRESS. SESS. II. CH. 95. MARCH 27, 1934 . when their replacement is permitted by the said treaties
 * Provided

aiP rocur ing necessary further, That the President is hereby authorized to procure the necessary naval aircraft for vessels and other naval purposes in Ratio of vessel con- numbers commensurate with a treaty navy : Provided further, That struction, etc ., in Gov- ernment yards, etc. the first and each succeeding alternate vessel of each category, except the fifteen-thousand-ton aircraft carrier, upon which work is undertaken, and the main engines, armor, and armament for such vessels, the construction and manufacture of which is authorized by this Act, shall be constructed or manufactured in the Government navy yards, naval stations, naval gun factories, naval ordnance plants, or arsenals of the United States, except such material or parts as were not customarily ma nufactured in such Governm ent plants pri or Changes allowed in to February 13, 1929 : Provided further, That, if inconsistent with public interests . the public interests in any year to have a vessel or vessels constructed as required above, the President may have such vessel or vessels built in a Government or private yard as he may direct. construction oaircraft That not less than 10 per c entum of the a ircraft, incl uding the Gov ernment factories, etc. engines therefor, the procurement of which is authorized by this Act and hereafter undertaken, shall be constructed and/or manu- factured in Government aircraft factories and/or other plants or factories owned and operated by the United States Government. Conditions imposed. The foregoing paragraph is subject to the following co nditions If p ropor tion ate c on- stru ction not perm issi- (1) That if it shall be determined by the President that present ble in Go ver nm ent plants, factories, and equipment owned by the Government are not plants,ete' such as to permit the construction and/or manufacture of the said aircraft and/or engines in such Government plants and factories, in the proportions herein specified and required, then and in that event such requirement may be suspended in whole or in part by - Expansion of Gov- his order. However, in the event of such order of suspension being eminent facilities, on order of P resi dent. made by the President, then at his discretion the existing plants, factories, and facilities now owned and/or operated by the Govern- ment shall forthwith be expanded and equipped to enable the Government t o construct, manufacture, and repair not less than 10 Discretionary co n- per centum o f its naval a ircraft there in, except tha t it shall be str uct ion al lo tme nts . discretionary with the President as to the per centum constructed and/o r manu factur ed in Gover nment plants if h e shou ld fin d it impracticable for the Government to undertake the construction and/or manufacture of not less than 10 per centum of its naval aircraft therein. Employment of Go v- (2) The President is also authorized to employ Government ernment establish- ments , wh en- establishments in any case where- Collusion to prevent (a) It should reasonably appear that the persons, firms, or fair competiti on, etc. corporations, or the agents therefor, bidding for the construction of any of said aircraft, engines, spare parts, or equipment have entered into any combination, agreement, or understanding the effect, object, or purpose of which is to deprive the Government of fair, open, and unrestricted competition in letting contracts for the construction of any of said aircraft, engines, spare parts, or equipment, or- Profit excessive. (b) Should it reasonably appear that any person, firm, or corpo- ration, or agents thereof, being solely or peculiarly in position to manufacture or furnish the particular type or design of aircraft, engines, spare parts, or equipment required by the Navy, in bidding on such aircraft, engines, spare parts, or equipment, have named a price in excess of cost of production plus a reasonable profit, as provided in section 3 of this Act. Sums for expa nsion The funds necessary for the enlargement and expansion of such existing plants and facilities now owned by the Government for the construction and manufacture of naval aircraft, are hereby authorized to be appropriated.