125
125 equal merit, or that features in the designs of one competitor are superior to the corresponding features in the designs of another competitor and that the superior features of one design may be substituted for the inferior features of another, he may divide the contracts for furnishing the item equitably among those competitors that submitted designs of equal merit, or he may combine features of superior excellence of different designs in such manner as he determines to be in the best interest of the United States. Payment may be made accordingly to the several competitors at fair and reasonable prices and the contract for the item may be awarded to the competitor or competitors having the highest figures of merit in the competition. (d) If the Secretary of the military department concerned cannot contract with a winner in a design competition for furnishing or constructing all or part of a designed item, or if he cannot agree with a winner for the purchase of a design at a reasonable price, he may retain the design and advertise according to law for proposals for furnishing or constructing the item. After all proposals are submitted the Secretary may contract with the lowest responsible bidder for furnishing the item, on terms that he considers in the best interest of the United States. However, the Secretary may reject all bids and advertise for other bids with the same or different specifications. (e) Each seller of designs and each contractor furnishing or constructing aircraft, aircraft parts, or aeronautical accessories under this section shall, if the Secretary of the military department concerned requests it, release claims against the United States arising out of the sale or contract. The release shall be in the form, and shall contain the terms, prescribed by the Secretary. (f) No contract may be awarded under this section— (1) to an individual who is not a citizen of the United States; (2) to a corporation, unless 75 percent of its capital stock is owned by, and all its directors are, citizens of the United States; or (3) to an individual or a corporation that does not have a manufacturing plant within the United States. However, the Secretary of the military department concerned may contract with any domestic corporation wnose stock is listed on a stock exchange, unless he knows that a majority of its stock is owned or controlled by aliens. §2273.
Right of United States to design; r i g h t of designer to p a t e n t; r i g h t to sue United States (a) Any executive or military department of the United States may construct or have constructed according to the winning design, and may use, any aircraft, aircraft part, or aeronautical accessory, after payment is completed under a contract made under section 2272 of this title, or after payment for or purchase of the winning design, or a separable part thereof, for that item under that section. An item so constructed may be sold according to law as condemned material. I n neither case may any further compensation be paid to the winner of the competition. However, the winner may apply for a patent on any feature of the designed item that was originated by him, and, if the patent is granted, he has exclusive rights under it against all persons except the United States or its vendee under this subsection.
�
