Page:United States Statutes at Large Volume 54 Part 1.djvu/79

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54 STAT.] 76TH CONG. , 3D SESS.-CHS. 41, 44 -MAR . 4 , 5 , 1940 to payment, issued by the petitioner to defray the cost of local improvements and payable out of the proceeds of special assessments or special taxes levied by the petitioner, it shall be sufficient if the petitioner aver that the property liable for the payment of such securities, principal, and interest, is not of sufficient value to pay same, and that the accrued interest on such securities is past due and in default; and the list of creditors to be filed with such petition need contain only the known claimants of rights based on those securities evidencing the obligations sought to be composed under this chapter, and such list shall include separately the names and addresses of those creditors who have accepted the plan of composition. A list of the record owners or holders of title, legal, or equitable, to any real estate involved in the proceeding shall also be filed with the petition, and such record owners or holders of title shall be notified in the manner provided in this section for creditors and be entitled to hearing by the court upon reasonable application therefor." SEO. 2. The provisions of the foregoing section shall be deemed to be additional and cumulative and not in diminution of any of the powers conferred by the Act hereby amended. Approved, March 4, 1940. [CHAPTER 44] AN ACT To facilitate the procurement of aircraft for the national defense. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, until June 30, 1941, whenever contracts are to be awarded as a result of com- petitive bids for furnishing the War Department or the Navy Department with aircraft, aircraft parts, and accessories therefor, the Secretary of War or the Secretary of the Navy is authorized to award a contract for the aircraft, aircraft parts, and accessories to be purchased as a result of any such competition to the bidder that the said Secretary shall find to be the lowest responsible bidder that can satisfactorily perform the work or service required to the best advantage of the Government, or, in his discretion and when such action is considered necessary by the said Secretary in the interest of the national defense, to award contracts for such aircraft, aircraft parts, and accessories to such bidders, not exceeding three in number, as said Secretary shall find to be the lowest responsible bidders that can satisfactorily perform the work or the service required to the best advantage of the Government. The determinations as to such multiple awards and the necessity for making the same shall be based upon quality, times and rate of delivery, price and the prevention of the overloading of a plant or plants and such division of awards shall be made only when found by the said Secretary to be in the interest of the national defense: Provided, That no awards shall be made at prices in excess of those offered by the bidders in any such competition and that the decision of the Secretary of the Depart- ment concerned as to the award of any such contract, or contracts, the interpretation of the provisions thereof, and the application and administration of the same shall not be reviewable, otherwise than as may be therein provided for, by any officer or tribunal of the United States except the President and the Federal courts: Provided further, That a report shall be made to the Congress by the Secretary of the Department concerned in the case of any competition as a result of which quantity contracts are entered into under authority 45 List of creditors, contents. List of record own- ers, etc., of real estate involved. Hearing. Provisions deemed additional. March , 1940 8. 2868] [Public, No. 42] Procurement of air- craft for national de- fense. Awarding of con- tracts. Multiple award. Determination and necessity for making, basis. Provsos. Price limitation. Decision, interpre- tation, application, etc.; review restric- tion. Quantity contracts, report to Congress.