Page:United States Statutes at Large Volume 17.djvu/354

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314 FORTY-SECOND CONGRESS. Sess. II. Ch. 335. 1872. Bids of certain due celerity, certainty, and se<,·ux·ity thereof; but the Postmaster-General PWQES *3* *0 be shall not be bound to consider the bid of any person who has wilful1y or wnsl emnegligent1y failed to perform a former contract. Contracts for Sec. 250. That no contract for carrying the mail shall be made with

 {gis any person who has entered, oruproposed   enter, into any combination

mm, with M_ to prevent the making of any bid for carrying the ma.11, or who has made tain persons. any agreement, or given or performed, or promised to give or perform, any consideration whatsvey to induce any og1er1_pers011 not to bid for any suc contract; an any person so o en mg is a contractor for Penalties. carrying the mail, his contract may be annulled; and for the first Ioffence the person so oiiending shall be disqualified to contract for carrying the mail for five years, and for the second offence shall be forever disqualified. Commccto Sec. 251. That after any regular bidder or contractor for the trans-

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&c., iq &c. Postmaster-General shall proceed to contract with the next lowest bidder for such service, who will enter into a contract and perform the same, unless the Postmaster-General shall consider such bid too high, in which Re L - case he shall eadvertise s ch service. And in all cases of c 1 -

  • ’“°°§il°qg°cg:“‘ tracts hereafter made theucontract ma in the discretion dfihgrlsgt;

tinued in force ° . . y’ . six months, &c. master-General, be continued in force beyond its express terms for a period not exceeding six months, until a new contract with the same or Carman con. other contractors shall be made by the Postmastcr—General. The Post-

:;*310*:1*; master-General may contract, without advertisement, for a period not to

mvcruscuwm exceed twelve months, for the carriage of the mail on such route during the time that shall necessarily clapse between the failure of either of the accepted bidders to enter into a contract and the time when the next accepted bidder under the old or a new advertisement shall enter upon his pinbrenccin contract; and the difference between the price proposed in the accepted

  • "'°° “’ l’“ . . bid and that paid for intermediate service shall be charvcd to the failin

charged to fmling , , . ° . g bidder. bidder or i)1(.ld€l‘S, and may be recovered in the name of the United States for the use of the Post-offico Department, in an action on the case. And when the contract shall be made and concluded the diH`erence between the accepted bid o1` the failing bidders and the amount payable A t_ t undcr the contract for the service of two years shall be forthwith charged cmc°t;°{}w° °°‘ against the failing bidder or bidders; and an action for such sum in the Uuiwd States. nature of liquidated damages shall accrue to the United States for the use of the Post-office Department immediately upon the execution of tho final contract. And both causes of action mentioned in this section ma . . . . Y be Joined m one suit. mmm MMO · Sac; Than no bidder for carrying the mails shall be released from be yuluqsud nom his obligation under his bid or proposal, IlOl,\V1LllSi3I1d1I1g an award made g;£¤g§¤¤<>¤» ¤¤¤l» to a lower bidder, until a contract for the designated service shall have " been duly executed by such lower bidder and his sureties, and accepted, and the service entered upon by the contractor to the satisfaction of the Postmaster-Genera]. upon certain Sec. 253. That hereafter all bidders upon every mai] route for the

 transportatioii oi? the mails upon the same, where the annual compensawnnbid,&c., tion for the service on such route at the time exceeds the sum of five

thousand dollars, shall accompany their bids with a certified check or draft, payable to the order of the Postmaster-General upon some solvent national bank, wgnoh chock or draft shall not be lcss than five per centum on tie amount o` tie annual pay on said route at the time such bid is mxiggsc of new made; and in case oi new service, not less than five per centum of the ' amount of one years pay proposed m such bid, if the bid exceed five Amount of thousand dollars per annum. ln case any bidder, on being awarded any cne¤kt_o_bc1br- S`LlCl1.COI1E1`21CC,‘Sll9,ll itil to execute the same, with good and sufficient f°*W<l» 1*, &°- sureties, according to the terms on which such bid was made and accepted,