PUBLIC LAWS-CH. 694-AUG. 11 , 1939 Appropriation au- necessary at a total cost not to exceed $277,000,000, which is hereby thorized. P oreiqsos. authorized to be appropriated for the purpose: Provided, however, mCitizensiprequiree. That all new personnel in such construction work occupying skilled, technical, clerical, administrative, and supervisory positions shall Initial appropria- be citizens of the United States: Provided further, That the initial tonappropriation for the fiscal year 1940 shall not exceed $15,000,000. Employees author- For the purposes aforesaid, the Governor of the Panama Canal is ized. authorir authorized (a) to employ such persons as he may deem necessary Provios. and to fix their compensation: Provided, That the compensation of ompensation. such persons shall not be lower than the compensation paid for the same or similar services to other employees of the Panama Canal: Excess rates, restric- Provided further, That rates of compensation in excess of those tion. authorized by law for other employees of the Panama Canal shall not be paid without the approval of the Secretary of War: And Expert assistance, provided further, That the Governor of the Panama Canal with the approval of the Secretary of War is authorized to engage under agreement when deemed necessary expert assistance in the various arts and sciences upon terms and rates of compensation for services and incidental expenses in excess of the maximum compensation Contracts without provided by law for employees of the Panama Canal; (b) to author- arg. lze the making of contracts without the advertisement hereinafter prescribed, with architectural or engineering corporations, firms, or individuals for the production and delivery of designs, plans, drawings, and specifications; (c) to authorize the making of any and all contracts necessary for the prosecution of the work herein author- and facilites. l ized; (d) to provide for the establishment and operation of such auxiliary plants and facilities in connection with the work as may Pnama Ralroead be necessary or desirable; (e) to utilize any of the facilities or serv- Company, use of fa- cilities andservices ices of the Panama Railroad Company upon such terms and condi- tions as may be approved by the Secretary of War; and (f) in general to do all things proper and necessary to insure the prompt and efficient completion of the work herein authorized. ma Canal to be ade Notwithstanding any other provision of law, and except as other- after advertising; ex- wise provided in this Act, all purchases and contracts for supplies ceptions. or for services, except for personal services, shall be made by the Panama Canal after advertising, in such manner and at such times, sufficiently in advance of opening of bids, as the Governor or his duly authorized representative in the United States shall determine to be adequate to insure notice and opportunity for competition. Such advertisement shall not be required, however, when (a) an emergency requires immediate delivery of the supplies or performance of the services; or (b) repair parts, accessories, supplemental equip- ment, or services are required for supplies or services previously furnished or contracted for; or (c) the aggregate amount involved in any purchase of supplies or procurement of services does not exceed $500; in which cases such purchases of supplies or procurement of services may be made in the open market in the manner common among businessmen. In comparing bids and in making awards the Governor or his duly authorized representative in the United States may consider such factors as relative quality and adaptability of supplies or services, the bidder's financial responsibility, skill, expe- rience, record of integrity in dealing, and ability to furnish repairs and maintenance services, the time of delivery or performance offered, and whether the bidder has complied with the specifications. Approved, August 11, 1939. 1410 [53 STAT.
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