The Portland daily press., 1874-12-30

shall be made with any person who has entered OF
the making of any bid for carryiDgihe mail or who
has made any agreement, or given or performed. OF
promised to give or perform, any what
ever to induce any other person not to bid for any
such contract; and if any person so offending is
contractor for carrying the mall his contract may be
annulled and for the first oense the person so Of
Tending shall be disqualified to contract for carrying
the mail for five years, and for the second otfense
shall be forever disqualified.
Failing bidders and contractors. Contracts may be
extended and temporary contracts made.
SEC. 251. That after any regular bidder whose bid
has been accepted shall fail to enter into contract for
the transportation Of the mails according to his
posal or, having entered into contract shall fail to
commence the performance of the service stipulated
in his their contract therein provided the Post
master General shall proceed to contract with the
next lowest bidder for the same service, who Will en-
ter into contract for the performance thereof, un-
less the Postmaster General shall consider such bid
too high in which case he shall re,advertise such
service. And if any bidder whose bid has been ac-
cepted. and who has entered into contract to per-
form the service according to his proposal, and In
pursuance of his contract has entered upon the per-
formance of the service to the satisfaction OF the
Postmaster General, shall subsequently fail or re-
fuse 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 faith
full performance thereof, in the same penalty and
terms
as were stated and contained in the bond which ac-
companied his bid; but in case each and every OF
the next lowest bidders for such service whose re-
spective bids are not considered too high by the
Postmaster General shall refuse to enter INTO con-
tract and give bond herein required for the faith
full performance of his contract, the Postmaster
General shall Immediately advertise for proposals to
perform the service said route. Whenever an ac-
cepted bidder shall fail to enter into contract or
contractor any mail route shall fail or refuse 10
perform the service said route according to his
contract or when new route shall be established.
or new service required. or when from any other
cause there shall not be contractor legally bound
or required perform such SERVICE the Postmaster
General may make temporary contract for carry
ing the mail such route, without advertisement,
for such period as may be necessary not IN any case
commenced under contract made according TO law I:
Provided, hoacever, That the Postmaster General
shall not employ temporary service on any route at
a higher price than that paid to the contractor who
shall have performed the service during the last pre-
ceding regular contract term. And in all cases OF
regular contracts hereafter made the contract may,
in the discretion of the Postmaster General be con-
tnued in force beyond its express terms for period
not exceeding six months, until new contract with
the same, or other contractors shall be made by the
Postmaster General.
Bidders not released until contract is entered into
and service begun.
SEC. 252. That no bidder for carrying the mails
shall be released from his obligation under his bid
or proposal, notwithstanding an award made to a
lower bidder until contract for the designated ser
bidder and his sureies, and accepted and the ser
vice entered upon by the contractor to the satisac-
ton of the Postmaster General.
CERTIFIED CHECKS OR DRAFTS TO ACCOMPANY ALL
BIDS EXCEEDING $5,O0O
SEC 253. That hereafter all bidders upon every
mail route for the transportation OF the mails upon
the same, where the annual compensation for the
service such route at the time exceeds the sum OF
five thousand dollars, shall accompany their bids
with certified check draft, payable to the order
of the Postmaster General, upon some solvent ma
nI hor,Iy hinha oh nr drQf
than five per centum on the amount OF the annual
pay on said route at the time such bid is made and
in of new or modified service not less than hve
per centum of the amount of the bond Of the bid
der required to accompany his bid, II the amount OF
said bond exceeds five thousand dollars. In case any
bidder, on being awarded any such contract, shall
fail to execute the same, with good and sufficient
sureties, according to the terms on which sucn DID
was made and accepted, and enter upon the perform
ance of the service to the satisfaction of the Post
General, such bidder SHALL in addition to his
liability his bond accompanying his bid, forfeit
the amount so deposited to the United States, and
the same shall forthwith be paid into the Treasury
for the use of the Post-Ofice Department; but
if such contracts shall be duly executed and
service entered upon as aforesaid such th arar
deposited by all other bidders on the same route,
shall be returned TO the respective bidders making
portation of the mails where the amount of the
bond required to accompany the same shall exceed
five thousand dollars shall be considered unless ac-
companied with the check or draft herein required
together with the bond required by preceding sec
ton: Prorided, That nothing in this act shall be
construed or intended to affect any penalties for
FIXTURES which have heretofore accrued under the
provisions of the sections hereby amended.
Failing contractors guilty Of a misdemeanor.
SEC 254 That any person or persons bidding fol
the TRANSFORMATION of the mails upon any route
which may be advertised to be let, and receiving an
award of the contract for such service, who shai
the Postmaster General in due form and perform the
service described in his their bid or proposal sha
be deemed guilty of misdemeanor, and, on convlc-
vction thereof be punished by fine not exceeding
five thousand dollars, and by imprisonment for q
term not exceeding twelve months
M Dnv to be made until contracts are eeecuted.
SEC. 259. That no person whose bid for carrying
the mail is accepted shall receive any pay until nc
has executed his contract according to law and the
regulations of the Department.
Compensation for additional serUice restricted ana
regulated.
SEC 26O That compensation for additional service
in carving the mail shall not be in excess OF the exact
proportion which the original compensation bears to
the original service; and when any such additlona
service is ordered the sum to be allowed therefor
shall be expressed in the order and entered upon tne
books of the Department; and no COMPENSATION
shall be paid for any additional regular service rem
dered before the issuing of such order.
SEC 261. That no extra allowance shall be made
for any increase of expedition in carving the maj
unless thereby the employment of additional stock
and carriers made necessary and in such case the
portion to the additional stock and carriers necessa
rily employed than the compensation in the origina
contract bears to the stock and carriers necessarily
employed in its execution.
Deductions may be made and ines impoSed,Jor de-
tinquensieS.
SEC 2G6. That the Postmaster General may MAKE make
deductions from the pay of contractors for failures
to perform service according to contract, and impose
fines upon them for other delinquencies. He may
deduct the price Of the trip IN an cases mnere rn tne
times the price IL the failure be occasloned by the
fault of the contractor or carrier
Contracts cannot be assigned nor transferred.
SEC. 271 That no contractor for transporting the
mail within between the United States and any
foreign country shall assign or transfer ms tract
and all such assignments transfers shall be null
and void.
Schedules to be furnished and posted up in post.
Offices REGISTERS to be returned and reports made
SEC. 70. That the Postmaster General shall fur
nish to the postmasters at the termination OF each
route schedule of the time of arrival and depart
ure OF the mail at their offices, respectively, to be
posted in conspicuous place in the office; and the
Postmaster-Genera shall also give the postmaster
notice Of any change in the arrival and departure
that NAV be ordered; and he shall cause to be kept
and returned to the Department, at short and regu
lar intervals. registers showing the exact times OF
the arrivals and departures Of the mail; ;ooo
By act of Congress approved April 2l, lsOS, no mem,
Der of Congress can be contractor or be concerned
directly or indirectly, in any contract with the
Governments and by tine same acJ IL is indue u uISu
misdemeanor for any officer of the United States to
enter in its behalf, into contract with member OF
fBnt if a member withdraw from a contract it
NAV be concluded with the other partners.-Op Opinion
oftAttoYney General, 4, Al. contract with one
Who is elected member of Congress during its con-
tinuance is not affected by such electOn.-Ibtd) s.
697.l
The Postmaster General has no pO,cer, under the
Ia,c TO release bidders and contractors and their
sureties from their liabilities the allegation OF
real or supposed mistakes Of any Kind IN making
proposals. He particularly requests that, before
biddine, the fullest inquiry and Investigation 6e
made In regard to the route, distance service ceght
of nails cost of stock feed, and all expenses eristng
and likely to occur during the contract term and
cith due consideration Of the consequences imposed
By laU on detinqaenfs.
CONTRACTS TO BE EXECUTED AND FILED In THE
DEPARTMENT BY THE FIRST DAY OF JUNE.
Under the provisions of section 245 of the act ap
proved June 49, 1874, the Postmaster General has
prescribed the 1st day of June, 1885, on or before
which day the contracts Of accepted bidders must be
received at the Department in Washington executed
in due form. 80
Accented bidders not complying Cith this regutd-
tiOn shall be considered as hdUing failed to comply
,rifh their proposals, and the Postmaster General
man proceed to contract for the serUce ,cM Other
parties according to tdp.
CONTRACTS RECEIVED AT THE DEPARTMENT
AFTER JUNE 1Sr WILL NOT BE CONSIDERED BY
THE POSTMASTER GENERAL.
FORM OF PROPOSAL, BOND & CERTIFICATE