Chapter CXXV. relating to Proposals and Contracts for Transportation of the Mails, and for other Purposes
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CHAP. CXXV.— An Act relating to Proposals and Contracts for Transportation of the Mails, and for other Purposes.April 27, 1872. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That[Repealed. See *Post,* pp. 326, 330.]Persons bidding for carrying mails on advertised routes, and awarded the contract for such sendee, wrongfully refusing to enter into the contract, &c., to be guilty of a misdemeanor, and fined and imprisoned.Oath of bidder to be affixed to each bid for carrying the mail, and to contain what. any person or persons bidding for the transportation of the mails upon any route which may be advertised to be let, and receiving an award of the contract ibr such service, who shall wrongfully refuse or fail to enter into contract with the postmaster-general, in due form, and perform the service described in his or their bid or proposal, shall be deemed guilty of a misdemeanor, and, on conviction thereof, be punished by a fine not exceeding five thousand dollars, and by imprisonment for a term not exceeding twelve months.
Sec. 2. That each bid for carrying the mail shall hereafter have affixed to it the oath of the bidder, taken before an officer qualified to administer oaths, that he has the ability pecuniarily to fulfil 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 shall be accepted; and that the signatures of his guarantors are genuine, and that he believes said guarantors pecuniarily responsible for and able to pay all damages the United States shall suffer by reason of the bidder’s failing to perform liis obligations as such bidder.
Sec. 3. ThatPenalty upon postmasters, &c., for signing certificate of sufficiency of guarantors before, &c., or for knowingly making a false certificate. any postmaster or other officer of the Postoflice Department who shall affix his signature to the certificate of sufficiency of guarantors or sureties before the guaranty or contract is signed by the guarantors or sureties, or shall knowingly make any false or illusory certificate. shall lie forthwith dismissed from office and shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a tine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or both.
Sec. 4. ThatNo bidder released from his bid by an award to a lower bidder until, &c. 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 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 pos tmastergeneral. Sec. 5. ThatIf any regular bidder, &c., fails to enter into contract, &c., postmaster-general to do what.Regular contracts hereafter made may be continued for not over six months. after any regular bidder or contractor for the transportation of the mail upon any route shall have failed to enter into contract, and commence the performance thereof as herein provided, the 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 case he shall re-advertise such service.
And 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 be made by the postmaster-general. FORTY-SECOND CONGRESS. Sess. II. Ch. 125, 126. 1872.57 Sec. 6. ThatBidders upon routes where die Annual pay exceeds $5000, to send with bid check for not less than five per cent, of annual pay; hereafter all bidders upon every mail route for the transportation of the mails upon the same, where the annual compensation 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, which check or draft shall not be less than five per centum on the amount of the annual pay on said route at the time such bid is made, and in case of new service not less than five per centum of the amount of one year’s pay proposed in such hid if the bid exceed five thousand dollars per annum.if awarded the contract and failing to perform the same, to forfeit the amount, &c.
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 such bid was made and accepted, and enter upon the performance of the service to the satisfaction of the postmaster-general, such bidder shall 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-office Department; hut if such contract shall be duly executed and the service entered upon as aforesaid, such draft or check so deposited shall be returned to the bidder.
Sec. 7. ThatChief clerk of money-order post-office may act as postmaster, if, &c.Postmaster’s bond to cover his acts.Acting postmaster to be subject to penalties, &c. in case of the sickness, or unavoidable absence from his office, of the postmaster of any money-order post-office, he may, with the approval of the postmaster-general, authorize the chief clerk, or some other clerk employed therein, to act in his place, and to discharge all the duties required by law of such postmaster: *Provided,* That the official bond given by the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place in such cases: *And provided, further,* That such acting officer shall, for the time being, be subject to all the liabilities and penalties prescribed by law for the official misconduct, in like cases, of the postmaster for whom he shall act.
Sec. 8. ThatPostmaster-general may accept new sureties upon contracts, &c.; the postmaster-general, whenever he may deem it consistent with the public interest, may accept new surety upon any contract existing, or hereafter made, for carrying the mails, in substitution for and release of any existing surety. Sec. 9. Thatmay place to the credit, &c., the net proceeds of the money-order business.Receipts from this source, how to be entered. the postmaster-general is hereby authorized to cause to be placed to the credit of the treasurer of the United States, for the service of the Post-office Department, the net proceeds of the money-order business; and that the receipts of the Post-office Department, derived from this source, during each quarter, shall be entered by the auditor of the treasury for the I’ostoflice Department, in the accounts of said department, under the head of “Revenue from money-order business.
” Approved, April 27, 1872.