Page:United States Statutes at Large Volume 18 Part 1.djvu/807

 TITLE xr.m.—PUBLlC CONTRACTS. 735 tion of the officer making such advertisement, in the presence of at least two persons. The person oliering to furnish any class of such articles, and giving satisfactory security for the performance thereof. under a forfeiture not exceeding twice the contract price in case of failure, shall receive a contract for furnishing the same. S1-sc. 3719. Every proposal for naval supplies invited by the Secretary Guarantceofbid. of the Navy, under the preceding section, shall be accompanied by a written guarantee, signed by one or more responsible persons. to the 176, s.6,v. li, p. ll)1. effect that he or they undertake that the bidder, if his bid is accepted, will, at such time as may be prescribed by the Secretary of the Lavy, give bond. with good and sufficient sureties, to furnish the sup lies proposed; and no proposal shall he considered, unless uccompanieill by such guarantee. f, after the acceptance of a. proposal, and a notification thereof to the bidder, he fails to give such bond within the time prescribed bv the Secretary of the Navy, the Secretary shall proceed to contract with some other person for furnishing the supplies: and shall forthwith cause the difference between the amount contained in the propo»al so guaranteed and the amount for which he may have contracted for furnishing the supplies, for the whole period of the proposal, to be charged u against the bidder and his guarantor; and the same mav be immediately recovered hy the United States, for the use of the Navy Department, in an action of debt against either or all of such persons. Sec. 3720. All such pro sals for naval supplies shall be preserved Record of bid and recorded. and I‘|‘])01'tP(5xl)}' the Secretary of the Navy to Congress at *‘“d ""¥’°" *0 CO"' the commencement of every regular session. The report shall contain a schedule embracing the offers by classes, indicating such as have been ,3 $1*}*-» 184} ·‘- accepted. In case of a failure to suplply the articles or to perform the 83* "· °* P' 61** wor by the person entering into suc contract, he and his sureties shall be liable for the forfeiture specified in such contract, as liquidated damages, to be sued for in the name of the United States. Sec. 3721. The provisions which require that supplies shall be pur-- Purchases withelmsed by the Secretary of the Navy from the lowest bidder, after 8.(l\’0l’— 0 M W "<>*'**¤°· tisement, shall not apply to ordnance, gunpowder, or medicines, or the rw. . supplies which it may be necessary to purchase out of the United States __3 liar., 184§, c. for vessels on foreign stations, or hunting delivered for the use of the "§$;g· "· E5 P- ’9*- Navy, or tobacco, or butter or cheese destined for the use of the Navy, 4,, S*2":"91$4i’7;' or things contraband of war. Contracts for butter and cheese for the E; ling, {gig, ci use of the Navy may be made for periods longer than one year, if, in the 121. ¤¤· 11, v. 9, p. opinion of the Secretary of the l\avy, economy and the quality of the 2‘§·,`I ration will he promoted thereby. The Secretary of the Navy may enter ·;4"S‘7a;"]é8€5j6Y,' into contracts for tobacco, from time to time, as the service requires, for`'' ` a period not exceeding four years; and in making such contracts he shall not be restricted to the lowest bidder, unless, in his opinion, economy and the best interests of the service will be thereby romoted. Sec. 3722. The chief of any Bureau of the Navy lgepartment, in con- What bids may tracting for naval supplies, shall be at liberty to reject the offer of any be ’€J€<'**>*l· person who, as rincipal or surety, has been zz defaulter in any previous ;;1w1ar_,135.·;,Rm_ contract with the Navy Department. Parties who have made default 32, s.2,v 12, p.S28. as principals or sureties in any former contract shall not be received as sureties on other contracts; nor shall the copartners of any firm be received as sureties for such firm or for each other; nor, in contracts with the same Bureau, shall one contractor be received as surety for another. Everv contract shall require the delivery of a s cified uantity, and no bids having nominal or fictitious prices shall he considered. If more than one bid be offered by any one partv, by or in the name of his or their clerk, partner, or other person, all such bids may he rejected; and no person shall be received as a contractor who is not a manufacturer of, or regular dealer in, the articles which he otl`ers to su ply. All persons Opening bids. offering bids shall have the right to he present when the bids are opened and inspect the same. SHG. 3723. No chief of a Bureau shall make any contract for supplies _Contracu¤foriorfor the Navy, to be executed in an foreign country, except it be 0n first 3K“N¤“PPh°” fm advertising for at least thirty days in two daily newspapers of the city cfiivy