Form of proposals. -not to be altered. Proposals to be accompanied by bond. 1874, June 23; 18 Stat., 235. Conditions bond. -that service formed. and upon routes where the contractor has failed or abandoned his contract, shall be denominated "miscellaneous mail lettings," and shall be made under bulletin advertisement to cover the mail service on such routes until the expiration of the contract term, when the service, if continued, shall be embraced in the general advertisement. V.-PROPOSALS FOR CARRYING THE MAILS.` Sec. 1414. Proposals for carrying the mails shall be made on the forms prescribed by the Postmaster General, and bidders for service on star routes shall propose to transport the mails with "celerity, certainty, and security." (See sec. 1424.) 2. A proposal altered in any of its essential terms will not be considered in competition with proposals submitted in proper form. Nor shall a proposal, after having been submitted, be modified. Sec. 1415. Every proposal for carrying the mail shall be accompanied by the bond of the bidder, with sureties approved by a postmaster, and in cases where the amount of the bond exceeds five thousand dollars, by a postmaster of the first, second, or third class, in a sum to be designated by the Postmaster General in the advertisement of of each route; to which bond a condition shall be annexed, that if the said bidder shall, within such time after his bid is accepted as the Postmaster General shall prescribe, enter into a contract with the United States of America, with good and sufficient sureties, to be approved shall be per- by the Postmaster General, to perform the service proposed in his said bid, and, further, that he shall perform the said service according to his contract, then the said obligation to be void, otherwise to be in full -liability for fail- force and obligation in law; and in case of failure of any bidder to enter into such contract to perform the service, or, having executed a contract, in case of failure to perform the service, according to his contract, he and his sureties shall be liable for the amount of said bond as liquidated damages, to be recovered in an action of debt on the said bond. out bond not to No proposal shall be considered unless it shall be accompanied by such bond, and there shall have been affixed to said proposal the oath con- of the bidder, taken before an officer qualified to administer oaths, that he has the ability, pecuniarily, to fulfill his obligations, and that the bid is made in good faith, and with the intention to enter into contract and perform the service in case his bid is accepted. ure. Proposals with be considered. Oath of bidder. -what to tain. Note. -surety companies. Sureties on bonds of bidders. 1876, Aug. 11; 19 Stat., 129. NOTE. When a bond is executed by a surety company acceptable on bonds to the United States, the approval of a postmaster is not required. (See sec. 79.) See sec. 1716, as to penalty for false approval of bond by postmaster. Sec. 1416. Before the bond of a bidder (for carrying the mail) is approved, there shall be indorsed thereon the oaths of the sureties therein, taken before an officer qualified to administer * * * to be answered Penalty for false swearing. oaths, that they are owners of real estate worth in the aggregate a oath to be taken by. sum double the amount of said bond, over and above all debts due-qualification of. and owing by them, and all judgments, mortgages, and executions against them, after allowing all exemptions of every character whatever. Accompanying said bond and as a part thereof, there shall be a series of interrogatories, in print or writing, to be prescribed by the-interrogatories Postmaster General, and answered by the sureties under oath, showing by. the amount of real estate owned by them, a brief description thereof, and its probable value, where it is situated, in what county and State the record evidence of their title exists. And if any surety shall knowingly and willfully swear falsely to any statement made under the provisions of this section he shall be deemed guilty of perjury, and, on conviction thereof, be punished as is provided by law for commission of the crime of perjury. (See act Mar. 4, 1909, sec. 125; 35 Stat., 1111.) NOTE. When a bond is executed by a surety company acceptable on bonds to the United States, the above oath and interrogatories are not required. (See sec. 79.) Sec. 1417. Before approving bonds of bidders for mail Approval of service, postmasters shall satisfy themselves of the suffi- master. ciency of the sureties and that neither is a married woman, a minor, or a person in any way disqualified to act as surety; they shall see that the bonds are properly filled out, and that they are signed by the bidders and sureties, and also that the prescribed oath has been administered to the sureties. (See secs. 169 and 1313.) Note. nies. sureties by post 2. A postmaster shall not divulge to anyone the amount Not to divulge of any proposal of which he may have knowledge. amounts of proposals. surety company 3. When a surety company authorized to do business No oath when under act of August 13, 1894, as amended by the act of qualifies. March 23, 1910 (see sec. 79), qualifies on the bond of a bidder, no oath of surety, answers to interrogatories, or certificate of postmaster as to surety is required. act personally. 4. The approval of the sureties shall be by a post- Postmasters to master, and the certificate shall be signed by him in person. An assistant, or clerk, or acting postmaster is not authorized to approve the sureties of a bidder, either in his own name or in the name of the postmaster. See sec. 1716, as to penalty for false approval by postmasters of bond or certificate. on account of Sec. 1418. No extra pay shall be allowed a contractor No extra pay for mail service on account of alleged mistakes or mis- mistakes. apprehension as to the amount of service required, nor for increased distance caused by obstruction of roads, destruction of bridges, or discontinuance of ferries. occurring during the contract term; nor shall additional pay be allowed should it be shown that the actual dis Offices established during contract term. Consolidated bids. Proposals from disqualified per sons. Delivery and opening of proposals. tance is greater than that stated in the advertisement, if the points to be supplied are correctly stated. 2. Post offices established during a contract term shall be visited by the contractor or carrier without allowance of additional pay if the distance be not thereby increased, and for pro rata additional pay if the distance be increased. Sec. 1419. Consolidated or combined bids for mail service (proposing one sum for two or more routes) will not be considered. Sec. 1420. No proposal for carrying the mail submitted by a married woman or by a person under 21 years of age, or a person who is disqualified in any manner from entering into a valid, binding contract, will be accepted. Sec. 1421. Proposals for carrying the mail shall be delivered sealed, and so kept until the bidding is closed, and shall then be R. S., § 3944. Before whom opened and marked in the presence of the Postmaster General, and opened. one of the Assistant Postmasters General, or of two of the Assistant Postmasters General, or of any other two officers of the department, to be designated by the Postmaster General; and any bidder may Withdrawal of withdraw his bid at any time before twenty-four hours previous to proposals. the time fixed for the opening of proposals, by serving upon the Postmaster General, or the Second Assistant Postmaster General, notice in writing of such withdrawal. Proposals. -when not to be considered. Award, suspension of. bids. Sec. 1422. Proposals submitted in response to a general or miscellaneous advertisement, received at the Post Office Department after the limit of time fixed in such advertisement for the receipt of bids, shall not be considered in competition with bids received within the prescribed time. No transfer or assignment shall be made of a bid or any interest therein. 2. The award under a general advertisement for service on any route may be suspended by the Postmaster General for a period not exceeding 30 days after the date stated in such advertisement, with a corresponding allowRejection of ance of time for the execution of the contract; all bids on any route may be rejected whenever in the judgment of the Postmaster General the interest of the service requires it, and bids accompanied by bonds on which there appears as surety the name of any person who is barred. from bidding by reason of being a failing bidder or contractor, or for any other reason, may be disregarded. See sec. 1453, as to assignment of contracts. Record of proposals. 1898, June 13; 30 Stat., 444. Sec. 1423. The Postmaster General shall have recorded, in a book to be kept for that purpose, a true and faithful abstract of all proposals made to him for carrying the mail, giving the name of the party offering, the terms of the offer, the sum to be paid, and the time the contract is to continue; and he shall put on file and preserve the originals of all such proposals until the end of the contract term to which they relate, after which the proposals that were not accepted Proposals not may be destroyed or disposed of as waste paper. accepted to be destroyed. Contracts in name of United VI. CONTRACTS-PERFORMANCE OF SERVICE. Sec. 1424. All contracts for carrying the mail shall be in the name of the United States, and shall be awarded to the lowest bidder States. R. S., § 3949. tendering sufficient guarantees for faithful performance, without other Award to lowreference to the mode of transportation than may be necessary to est bidder, exprovide for the due celerity, certainty, and security thereof; but the Postmaster General shall not be bound to consider the bid of any person who has willfully or negligently failed to perform a former contract. See sec. 1433, as to new sureties on contracts. cept. Contractor to 2. A contractor for service on star, screen, or regula-cute. tion wagon route shall live on or contiguous to the route, and shall give his personal supervision to the performance of the service thereon. * * * * Contracts lim- years. contracts. 19 Stat., 130. to prevent bid Sec. 1425. No contract for carrying the mail shall be made for aited longer term than four years, 2. * * In all cases of regular contracts hereafter made, the contract may, in the discretion of the Postmaster General, be continued in force beyond its express terms for a period not exceeding six months, until a new contract with the same or other contractors shall authorized. be made by the Postmaster General. Sec. 1426. No contract for carrying the mail shall be made with Combinations any person who has entered, or proposed to enter, into any com-ding. R. S., § 3950. bination to prevent the making of any bid for carrying the mail, or -contracts not to who has made any agreement, or given or performed, or promised to be made with per sons entering. give or perform, any consideration whatever to induce any other person not to bid for any such contract; and if any person so offending is a contractor for carrying the mail, his contract may be annulled; and -penalty for. for the first offense the person so offending shall be disqualified to contract for carrying the mail for five years, and for the second offense shall be forever disqualified. See sec. 1313, as to persons disqualified as mail contractors; sec. 1692, as to Members of Congress being interested in contracts. Time of exe cution and filing Sec. 1427. Contracts for carrying the mail shall be executed in duplicate, and both copies filed in the of contracts. Post Office Department on or before the day specified therefor in a general advertisement; and within 30 days after acceptance of a proposal under a bulletin advertisement. Accepted bidders neglecting to observe this requirement will be considered as failing. tracts furnished Copies of con- 2. A contractor may obtain a copy of his contract upon application to the Post Office Department. by department. Failure of bidder to enter into tractor to com Sec. 1428. After any regular bidder whose bid has been accontract or con- cepted shall fail to enter into contract for the transportation of mence service. the mails according to his proposals, or having entered into contract, 1876, Aug. 11; shall fail to commence the performance of the service stipulated -new contract in in his or their contract as therein provided, the Postmaster General 19 Stat., 129. case of. Failure of contractor to perform service. 1876, Aug. 11;) 19 Stat., 130. shall proceed to contract with the next lowest bidder or bidders in the order of their bids, for the same service, who will enter into a contract for the performance thereof, unless the Postmaster General shall consider such bid or bids too high, and in case each of said bids shall be considered too high, then the Postmaster General shall be authorized to enter into contract, at a price less than that named in said bids, with any person, whether a bidder or not, who will enter into contract to perform the service in accordance with the terms and provisions prescribed for the execution of other contracts for similar service; and in case no satisfactory contract can be thus obtained, he shall readvertise such route. * Sec. 1429. If any bidder whose bid has been accepted, and who has entered into a contract to perform the service according to his proposal, and in pursuance of his contract has entered upon the performance of the service, to the satisfaction of the Postmaster General, shall subsequently fail or refuse to perform the service according to his contract, the Postmaster General shall proceed to contract with the next lowest bidder for such service, under the advertisement thereof (unless the Postmaster General shall consider such bid too high), who will enter into contract and give bond, with sureties to be approved by the Postmaster General, for the faithful performance thereof, in the same penalty and with the same terms and conditions thereto annexed as were stated and contained in the bond which accompanied his bid; and in case said next lowest bidder shall decline --new contract in to enter into contract for the performance of such service, then the case of. Duplicate of contracts to be Postmaster General may award the service to, and enter into contract with, any person, whether a bidder on said route or not, who will enter into contract to perform the service and execute a bond of like tenor and effect as that required of bidders, in a penalty to be prescribed, and with sureties to be approved by the Postmaster General, for the performance of the service contracted to be performed at a price not exceeding that named in the bid of the said next lowest bidder; and if no contract can be secured at the price named in said next lowest bid, then the Postmaster General shall proceed to secure a contract, at a price not considered too high, with any person who will execute such contract in accordance with the law applicable thereto, giving, in all cases, the preference to the regular bidders on the list whose bids do not exceed the price at which others will contract therefor; and if no satisfactory contract can be thus secured, the route shall be readvertised. Sec. 1430. The Postmaster General shall deliver to the Sixth delivered to Au- Auditor (Auditor for the Post Office Department), within sixty days after the making of any contract for carrying the mail, a duplicate copy thereof. ditor. R. S., § 404. |