Volume 53 · 591
Public Law 76–87
To authorize the Secretary of the Navy to proceed with the construction of certain public works, and for other purposes.
Approved April 25, 1939
Statutory text
AN ACT
To authorize the Secretary of the Navy to proceed with the construction of certain public works, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary of the Navy is hereby authorized to establish, develop, or increase naval aviation facilities, with which shall be included the authority to purchase, accept by gift, or otherwise acquire land and to construct buildings and accessories, with approximate costs as indicated, at or in the vicinity of Kaneohe Bay, $5,800,000; Midway Island, $5,350,000; Wake Island, $2,000,000; Johnston Island, $1,150,000; Palmyra Island, $1,100,000; Kodiak, Alaska, $8,750,000; Sitka, Alaska, $2,900,000; San Juan, Puerto Rico, $9,300,000; Pensacola, Florida, $5,850,000; Jacksonville, Florida, and Banana River, Florida, $17,000,000; Norfolk, Virginia, $500,000, for acquiring the land
described and authorized by the Act of June 14, 1934 (48 Stat. 957), as amended by section 5 of this Act; Quonset Point, Rhode Island, $1,000,000 for acquiring privately owned land; Tongue Point, Oregon,
Total cost; limitation.
$1,500,000; Pearl Harbor, Hawaii, $2,800,000; the total cost not to exceed $65,000,000, except as may be otherwise authorized by law:
Proviso.
Variation in costs permitted; limitation.
Provided, That the approximate cost indicated for each project enumerated above may, in the discretion of the Secretary of the Navy, be varied upward or downward by an amount not to exceed 25 per centum of the approximate cost indicated, but the total cost of
Naval Aircraft Factory, Philadelphia, Pa., construction at.
$65,000,000 shall not be exceeded. In addition to other authority contained in this section the Secretary of the Navy is hereby authorized to proceed with the construction of aeronautical engine and materials laboratory buildings at the Naval Aircraft Factory, Philadelphia,
Acceptance of title to land, etc.
Corpus Christi, Tex.
Pennsylvania, at a cost not to exceed $1,800,000. In addition to other authority contained in this section, the Secretary of the Navy is hereby authorized to accept, free from all encumbrances and without cost to the United States, title in fee simple to land or other realty at or in the vicinity of Corpus Christi, Texas, to be used for the purpose of establishing a naval aviation training station, and
Quonset Point, R. I.
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
Appropriations authorized.
money in the Treasury of the United States not otherwise appropriated, 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
Employment of certain outside corporations, etc.
Post, p. 772.
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
5 U. S. C. §§ 661–674; Supp. IV, §§ 673, 673c.
R. S. § 3709.
Limitation.
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.
To enable the Secretary of the Navy to accomplish
Projectsoutside continental limits, contracts on a cost-plus-a-fixed-fee basis.
Post, p. 772.
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
Approval by the President.
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
Amount of fee, limitation.
fee shall not exceed 10 per centum of the estimated cost of the contract, 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.
changes in the scope of the work concerned as determined by the Secretary of the Navy whose determination shall be conclusive.
Negotiations under this section shall be between the Secretary
Negotiations.
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
Detail of naval officer as executive representative of contracting officer.
Secretary of the Navy may detail a naval officer to duty, without additional compensation, as an executive representative of the contracting 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 corporation, 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 safeguarding the interests of the United States, coordinating efforts, and promoting mutually beneficial relationships, and making decisions within the scope of his delegated authority and not in conflict with any provision of the contract.
In any project the contract for which is negotiated under authority of this section, the Secretary of the Navy may waive the
Acceptance of materials.
requirement of a performance and a payment bond and may accept materials required for any such project at such place or places as he may deem necessary to minimize insurance costs.
Any contract negotiated under this section may, in the discretion of the Secretary of the Navy, contain provisions under which any loss of or major damage to the plant, materials, or supplies of any contractor, not due to his negligence or fault or to the negligence or fault of his agents or servants, while the same is necessarily in transit upon or lying in the open sea for the purposes of the contract, will be investigated by a board of naval officers appointed for the purpose
Transmittal of findings, etc., to Congress.
and reported to the Secretary of the Navy, who will transmit to the Congress the findings of fact and his recommendations in the premises.
The Secretary of the Navy shall report annually to the Congress all contracts entered into under authority of this section, including the names of the contractors and copies of the contracts concerned, together with the amounts thereof.
Sec. 5.
The Act of June 14, 1934 (48 Stat. 957), after the enacting clause is hereby amended to read as follows:
Norfolk, Va., acquisition of lands.
“That the Secretary of the Navy be, and he hereby is, authorized to acquire, by purchase or condemnation, additional lands adjacent to the Hampton Roads Naval Operating Base, Norfolk, Virginia, such lands lying north of the Virginian Railway and west of Granby
Funds available.
Ante, p. 590.
Street. The sum of $500,000 authorized by section 1 of the bill H. R. 4278, as enacted, for the acquisition of land at or in the vicinity of Norfolk, Virginia, shall be available for the purposes of this Act.”
Approved, April 25, 1939.