53 STAT.] 76TE GONG., 1 ST SESS.-CH. 87-APR . 25 , 1939 the purpose of establishing a naval aviation training station, and title in fee simple to land or other realty from the State of Rhode Island at or in the vicinity of Quonset Point, Rhode Island, to be used as a naval air base. SEC. 2. There is hereby authorized to be appropriated, out of any money in the Treasury of the United States not otherwise appro- priated, such sums as may be necessary to effectuate the purposes of this Act. SEC. 3 . Whenever deemed by him to be advantageous to the national defense, and providing that in the opinion of the Secretary of the Navy the existing facilities of the Naval Establishment are inadequate, the Secretary of the Navy is hereby authorized to employ, by contract or otherwise, outside architectural or engineering corporations, firms, or individuals for the production and delivery of the designs, plans, drawings, and specifications required for the accomplishment of any naval public works or utilities project or the construction of any naval vessel, aircraft, or part thereof, without reference to the Classification Act of 1923 (42 Stat. 1488), as amended (5 U. S. C., ch. 13), or to section 3709 of the Revised Statutes of the United States (41 U. S . C. 5). In no case shall the fee paid for any service authorized by this section exceed 6 per centum of the estimated cost, as determined by the Secretary of the Navy, of the project to which such fee is applicable. SEC. 4. (a) To enable the Secretary of the Navy to accomplish without delay or excessive cost those public-works projects authorized by this Act to be located outside the continental limits of the United States, he is hereby authorized to enter into contracts upon a cost- plus-a -fixed-fee basis after such negotiations as he may authorize and approve and without advertising for proposals with reference thereto. Approval by the President shall be necessary to the validity of any contract entered into under authority of this section. The fixed fee to be paid the contractor as a result of any contract entered into under authority of this section shall be determined at or before the time such contract is made, and shall be set forth in such contract. Such fee shall not exceed 10 per centum of the estimated cost of the con- tract, exclusive of the fee, as determined by the Secretary of the Navy. Changes in the amount of the fee shall be made only upon material changes in the scope of the work concerned as determined by the Secretary of the Navy whose determination shall be conclusive. (b) Negotiations under this section shall be between the Secretary of the Navy, or a duly authorized representative, and three or more reputable and qualified contracting individuals, firms, or corporations regularly engaged in work of comparable magnitude and class to that contemplated by the negotiations, as determined by the Secretary of the Navy, and contracts may be made with any such individual, firm, or corporation, or with any two or more of them jointly, upon such terms and conditions as the Secretary of the Navy may determine to be fair and equitable and in the interests of the national defense. For each contract entered into under authority of this section the Secretary of the Navy may detail a naval officer to duty, without additional compensation, as an executive representative of the con- tracting officer. The contract shall provide that the officer so detailed shall have the right to attend any meetings of the board of directors or other executive or administrative board or committee of any cor- poration, partnership, firm, or syndicate which is or may become a party thereto for the purpose of submitting propositions, propounding questions, and receiving information relative to any matter within the purview of the contract with the intent and for the purpose of safe- guarding the interests of the United States, coordinating efforts, and Quonset Point, R. I . Appropriations au- thorized. Employment of cer- tain outside corpora- tions, etc. Post, p. 772. 42 Stat. 1488. 5 U. S. C. § 661-674; Supp. IV , § 673, 673c. R. S. § 3709. 41U.S.C.§5. Limitation. Projectsoutsidecon- tinental limits, con - tracts on a cost-plus- a-fixed-fee basis. Post, p. 772. Approval by the President. Amount of fee, limi- tation. Changes. Negotiations. Detail of naval offi- cer as executive rep- resentative of con- tracting officer.
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