Public Law 76–44

That, until June 30, 1941, whenever contracts are to be awarded as a result of competitive 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

Multiple awards.

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

Determination and necessity for making, basis.

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

Provisos.

Price limitation.

made at prices in excess of those offered by the bidders in any such competition and that the decision of the Secretary of the Department

Decision, interpretation, application, etc.; review restriction.

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

Quantity contracts, report to Congress.

of the Department concerned in the case of any competition as a result of which quantity contracts are entered into under authority of this Act with more than one bidder, immediately upon the execution of such contracts, setting forth the articles purchased, the prices paid therefor, the name or names of each bidder, and of each contractor receiving a contract, and the particular reasons for awarding

Limitation on profits.

each of such contracts: Provided further, That any contract entered into under the authority hereby granted, for the construction of any complete aircraft or any portion thereof, shall be subject to the applicable profit-limitation provisions of the Act of March 27, 1934 (48 Stat 505), as amended by the Act of June 25, 1936 (49 Stat.

53 Stat 560.

10 U. S. C., Supp. V, §§ 311, 312;

34 U. S. C. § 496; Supp. V, § 496.

Necessity for procurement.

1926), and as further amended by the Act of April 3, 1939 (Public, Numbered 18, Seventy-sixth Congress): Provided further, That procurement of aircraft, aircraft parts, and accessories therefor shall be made under authority of this Act only when in the opinion of the Secretary of the Department concerned such action is necessary in

Authority herein granted, construction.

the public interest: Provided further, That the authority herein granted shall not be construed to abrogate, repeal, or suspend any of the provisions of Revised Statutes (3709, U. S. C. 41:5), the Act of March 2, 1901 (31 Stat. 905), the Act of July 2, 1926 (44 Stat. 787), section 14 of the Act of April 3, 1939 (Public, Numbered 18,

53 Stat. 560, 1000.

10 U. S. C. §§ 310, 1201; Supp. V, §§ 311–313; 34 U. S. C., Supp. V, § 496.

Seventy-sixth Congress), or of the Act of July 13, 1939 (Public, Numbered 168, Seventy-sixth Congress), or to prohibit the award of any contracts in any manner now authorized by law, but shall be construed as additional legislation to be utilized under the conditions herein set forth, during the effective period of this Act: And

Application to designated contracts.

provided further, That this Act shall be applicable under the conditions herein set forth to awards of contracts upon which competitive bids have been heretofore requested or received but as a result of which contracts have not been awarded.