§310 T1 Tm .4 et the several items of the aircraft, or parts, or accessories indicated in the advertisement. as the said Secretary shall find that in his judgment a winner is, or can within a reasonable time become, able and equipped to furnish or construct satisfactorily all or part, provided said Secretary and the winner shall bc able to agree on a reasonable price, If the Secretary shall decide that a winner can notereasonably carryout and perform a contract for all or part of such aircraft, parts, or accessories, [ns above provided, then he is authorized to purchase the winning designs or any separable parts thereof if ‘a fair and reasonable price can be agreed oi: with the winner, but not in excess of the price submitted with; the designs. _ Id) Rights of, Gorcwinzent wadbr contract or purchase of designs--Right of designer to' patent. After contract is made, as authorized! byany provision of this section, with a° winner in such design competition, for furnishing or constructing aircraft, aircraft parts, or aeronautical accessories in accordance with his designs and payment is completed under said contract, and after the purchase of and payment for the designs or separable parts thereof of la winner, asiauthorized herein, with whom a contract shall not have been made for furnishing orconstructing aircraft, aircraft parts or aeronautical ac- C€SS6I'i€S in accordance with his designs, ethenm in either case any department ot the Government shall have the right without further compensation to the winher—to_construct o1·‘ haye constructed according to said designs and use any number of aircraft or parts or accessories, and sell said aircraft or parts or accessories according to law as condemned material.: Pi·o· vided, That such winner shall, nevertheless, jbc at liberty to apply for a patent on any features originated by him, and shall be entitled to enjoy the "cxclusivef rights under such patent as he may obtain as against all other persons except the United States Goyernment or its assignee as atorosald. _ °(e) Submission of graduated scaleof pricesg-—Effcct on contract. The competitors in design competition mentioned in this section shall submit with. their designs a graduated scale of prices for which they are wilhng to construct any or all or each of the aircraft,;aircraft parts, `nnd aeronautical accessories for wllich designs,a;e submitted and such stated prices shall not `bc exceeded in the awarding of contracts contemplated by this section. - , . (fl Rvieciiwt bf dl1,de$iy»es——Di'¢*iQsion of contracts. It the Secretary of War or the Secretary of the Nasty shall ilnd that in his judgment none of the designs submitted in said competition is ot suEcient merit to justify the procurement of aircraft, aircraft parts, or aeronautical accessories lu accordance therewith, then he shall not be obligated to accept any ot such designs or to make any payment on account of any (ot them. It the Secretary of the department concerned shall decide that the designs submitted by" two or more cempetiters possess equal merit, or that certain features embodied ln the designs of any competitor “are superior to corresponding features embodied in the designs of any other competitor and such features of one design may be substituted in another design, the sa_ld’tSecretary shall in his discretion divide the contracts for furnishing and manufacturing the aincralft, , mm, cr @¤edm¢ required, equitably among them competitors that hare Qdileslgns oi equal merit, or he may select and combine features of superior excellence in diderent designs ln such manner as may in his judgment, best serve the Government": interests and make payment accordingly to. the several competitors concerned at fair and reasonable prices, awarding the contract for furnishing myconstructing the aircraft, parts, or accessories to the conrpetitgr or competitors concerned that have the hlghést dgures of merit in said competition. ‘ · · c · _ . `( g) Inability tb contract with or purchase from wfmgcr of competi¢ion·———AdverHaemmn¢ for- bidae-—G0a·tract—-y-Rcyectfoga of bids. _In msc the, Secretary of "War or the Secretary lot the
l0.——·-·ARMY 1994 Navy shall be unable to make contract as above authorized with a winner in said competition for furnishing or constructing aircraft, aircraft parts, or aeronautical accessories covered by the whole or part of the designs of [such winner, or Shallljo unable to agree with a winner in the competition on a reasonv able purchase price for the design of sncirwinncr nlitli whom a contract-mayenot be made, as aforesaid, he may retain such » designs and shall advertiae according to law for pro‘posnls,for furnishing or constructing aircraft, or parts or accessories; in accordance with such designs or combinations thereof ae aforesaid and, after all proposals are submitted, make contract on auch terms ·and' conditions as lie may consider the bestin the
- Government?. interests, with the bidder that He shall Hnd to be
y the lowest responsible biddelrfor furnishing or constructing the aircraft, portsQ_or_ accessories required, but the said Secretary . ~sha1l have the right to reject all bids and to advertise for other [ bids with such other, and different specincations as he may , deem proper; · T , ° `· . t " - » y . ‘ (h) Showing of error in aw¢w·d»—Referon»co to board of orbll _tration——00mpoéition of boo-rd., If, within ten days after the t announce ent of the. result of said competition, any participant _ in ·the·co%titfon shall make to the Secretary of War or the j 'Secretary of the ,Navy a reasonable showing in writing that u error was made in determining,_thamerits of designs submitted , s whereby such claimant wan unjustly deprived of an award, the g matter shall at once be referred by the,Secretary of tlie_demrti ment concerned to a board ofarl»itra_tion for determination and _ the iindingof such board shall, with the approval of the said _ Secretary, be conclusive on both parties. Such of —arbitration shall` be composed of three"skilled' aeronautical engi-
neers, one selected `by the ‘said#Secretary, one by the claimant,
and the third by` those two, no one of whom ahalbhave been a
member of the board ofappraisal in that competition.
_ · (i) Use or designs without just eompcnéotio»—Right force ” Goivomme6zt>—Llmitation. r Any jcrson, Hrm, or` corporation I that shall complain that his, their, or its designs hereafter del _ ycloped relatina to aircraft or any components thereof are used or. manufactured by or for any department of the Govern- ` ment without just colnpensation 2`fl,0II} either the Government or , any other source, may within four yeara from the date of such use theallit in the Court of°Clairns for the recovery of his reaaonable and entire compensation for such use and manufacture P after the date of `this Act} . r " ’ " f '_ (’j) Eligibility; for award of contract Wrcatrictodto cithenae,-· ' Employment of aliens. Only citizens of the United States,.and corporations of which not less than threedourtha of the capi- ' tal atockris owned by citizens of the United States, and of which the members of the boards of directors are citizens of the United States; ° and having manufacturing plants located “ withlti~ they continental lirnlta of the 'United States ehall be j eligible to beuawarded any contract under this section `to furnish or construct aircraft, aircraft parts or aeronautical acceseories for the United Statm Government, except that afdomestic `y corporation whose stock shell be listed on a stock exchange jehall notfbe barredhy the provisions of this section nnlemand until foreign ownerahip or control of a majorityof iits stock ·'shall be known to the Secretary of Waraor the Secretary of l the Navy, as the case may ·be, and no aliens employed by a · contractor for furnishing or constructing aircraft; or aircraft partak or aeronautical accessories for the United §3tatesQ shall
he·per1nitted_to haye accese to the plane or specifications or
t the! work under construction or to 'participate in the»centra‘ct . trinlawithout the written conaent beforehand of the Secretary of the department concerned. · i — A .
(E) Purohoao o-brood of-designs, aircraft, etc., for -e:rpé·r£»
-. mental purposes-—Pr0ov:·oinee•t .¢n_ quantity. The Secretary of , _War_or the Secretary of the Navy may at his 'dircretion pur—= · ¤ “Act " should be traxialatcd " c11apter.” · '
