Page:United States Statutes at Large Volume 44 Part 1.djvu/1276

 x § 43}  TITLE $3*.-—T}IE P0. melt `trnnsportntion may, upon order of the Postméster Gen- r l eral, an  in the place and aead of the P ter Genus! { by the Amietnnt Postmaster General who is charged with the ei supervision of the nasil trnnnirortation involved, and su& o&cer· i shell nttcst his éignntnre to such contrnctsby the seal 'ef the s Post Gdéce Department. (Mar. 3, 1887; c. 103, { 3; 19 ‘ Stat. s ein; nm. z, 1017, QQ 1w, § 2. w Stat. 1068.) · - — 1 » ‘ 431.-  of eeatn¢¥&‘f··Thé P&moster General shell 1 _ deliver to,the'Genern1 Accounting O&ce,_ within sixty days 2 after the making of any contract for carrying the mail, a- y tlnplicntc copy thereof. (R. S. {464; Jnne`10, 1921, c. 18 { g 394, ~12·Stat. 24.) I _ ‘  : 1 432. Combinations to prevent Hds.——eNo_ contract for carry- 1 ing the mail shall he made with nnyperson who has entered, s or proposed to enter, into any combination .to prevent the 1 making of-nny hid for cnrrjving the mail, or who hesxnnde any 1 agreement, or given or performed, or proxniwd to give or per- —1 form, nny consideration whntever_ to induce nny other peroon e not to bid for any such contrnct; and if any person. so oEenil· 1 ing is n contractor for- carryingthe mail, hio contract may be z rzinulled; and for the drst odenee the person so otfending 1 shall be disqualified to contract for carrying the mail for ive 1 years, and for the second odense shall be forever disqualified. 1 (R.S.§3%0.)` o ‘    Q 1 133. Same; for star rontes; service, how obtained.-When- z ever in the judgment of· the- Postmaster General the bids re- 1 ceirod_‘for nny star ronte are exhorbitant or unrmson`able,- or ,1 whenever he has reason to believe  a comxination of bidderst "¤ has been entered into to tix the rate for star-route service, the : Postmaster General may, out of _ the appropriation for inland 1 transportation by star routed; employ ·nnd1°_u§c such `menns 1 or ·mcthods`to proiride thedcsiredtservice as he mny deern ex- 4 . pedicnt, without reference .to_existing'law or lawsjregxpectlng n the employment of personal serrice or the procurement of con-, 1 veynnccs, materials, or supplies. (Hay A18,. 1916, c. 126, ‘§ 7, ¤ 39Stat.l6l1.) _· 'i l` _ -    U < 434. Failure Ito enter, into or perform contract; proceed- _ I ing.-—-Afterfany regular bidder whose bid has been inccepted- . ehnll tail to enter into· contract for thei transportation of the · mails `according to his proposals, or having entered . into_'con· j tract, shell fail _ to comm the performance of the service c stipulated in his or their °co~tr»;yct as therein provided, the g Pwtznnster General ehnllj pr to contract with the next J lowest bidder or bidders in the der of their bids, for the -1 mane service, who will enter int ‘ a contract. for tlnegpery formnnce; thereof, nnless the Postmaster Gepcrnl shall con- ‘sider such hid or bids too high, and, 'in case each of said bids- shall be considered too high, then y the Postmaster Genernl shall he authorized to enter into contract, ath price less than that  in said bids, with any person, whether n bidder; or not, who ·will enter into contract. to perform the iécrvicc in accordance with the terme and provisions pre- , scribed ·for the execution of other contrncté for gimilnr service: and in cnec no satisfactory contract can he time obtained, he shell nendvertlw such route. And. if nny bidder whose bid har been accepted, and who has entered into aocontmct to perform the service according to his proposal, and in pure eunncc of his contract had entered upon the performance of i the service, to the satisfdction of the Postmaéter General, shall - subsequently fell or refuse to perform the lservlce according to hir contract, the Postmaster General shell proceed to con; tract 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 snretlee, to be approved by the Postmaster General, for. the faithful performance thereof, in the name penalty and with the" same terms and conditions thereto an-

smz. seaman 1262 nexed as were stated and contsinm in the bond which accom- 6 )lDl£d his bid; and in case wid next lowest. bidder shall Iecline te utter into  for the pertormenee of smh server, then the Postmaster   may aware the service to, » rnd enter into eontrict with, any person, whether n bidder on raid route m· not, who, will mter into eontron to perform me service and execute e bond of like tweé and   se that required of btdders, in e penalty to be preberibm, and with snretimie to be approved by the Postmxer Sena;}. for the performance of the service contracted to be performd at In price jnot exceeding that   in the bid. of me enid next lowest bidder; and it no contract   he   et the price named ir said next lowest bid, then the Pmwster Generalshall proceed`to secure- a contract, rt n price not éoeneereo ioo high, `with any person who will - exeeete ouch contract in accordance with the law applicable thueto, gvlng in nll msu, the preference to the regnlnr bidders on the list whose bids 1o·._ not exceed thepriee of which others will contract therefor; and pif no satisfactory contract can he time `sxnréd, tm route shall be readvertised. Whenever on accepted bidder shall fall to enter into contract, or n. contractor on, any mail ronte Shall fail or brefnse to perform the service 9‘¤ eéid rome xecordirm to` hie contract, or wheirn new.- route shall be mablished or new service mqtiu-eo,. or when`, from ;nny Qotmr cause, twre shall not be n Jcontrietor legally bound or to perform- snche service, the ‘Postnioeter'·Generol ‘my make a t temporary contract for carrying the mail on sné roete, without advertisement, 4for.,§uch period dns ° may    not in any cose. exceeding one ywr, until the service shall have emmenced under a contract made  to lair. cost of temporary service rendered neeeesnry by reason of the failure ot any accepted `bidderjto enter into contract er a eentréctor to perform service shell be chnrged to. web bidder or cone tractor. The Postmaster General shell not employ temxornry service on any route at a higher price- than that paid to the contractor who shall hareipertormed the service during the last preceding contract term. `In·__all tenses of regular eon—· trgcts the contract may; in the discretion of the Bvetmaster General, be contlnnedin foree beyond its exprem terms for a period not exceeding six months, nntil a` new contract with the some'. or other contrnctoré. shell be made by the Po·®t mester General. (R. S. ‘§ 3951; June'8, 1872, ·c. 335, § 251,. 17 Stat. 314; 3 une` 23, 187·1,‘c. 456,]. 12, 18 Stnt, 235; Ang, 11,11876, e. 260,19 Stat. 129; Ang. 3, 1882, c. 379, § 21, 22 Stat. 216; May 18, 1916,'c. 126 Q 8, 39 Stat. 1.2,)  _ ~ ‘ ~. 45. New suretieo on mail contracts.-——'1‘he Pmtnmézter Cyeni eral, whenever,.he.,,may deem if consistent with the public interest, may accept or require new enhrety- upon eny contract existing or hérenfter mode for carrying the mulls, in `snh~ etltution for and freleaée of nny existing surety. (lt. S. 5 3955; Mar. 3, 1879, e. 180, Y30;20 Stat. 3&.)l `_. _ ` 436. Limit of time of eontract.—·——Except ns otherrrlse provided by low, ¤o_co¤zmc:.ror carrying the mei! shell he mede··for a longer term then four iyeors, end no contract for carrying the mail on the sea shall be nxside for n longer term than two years. (R. S. 5-3956.) ‘ a,  ·° _ _. 437. Changing terms of eontreet.—}\’henever,”· by reason of; any error, omission, or other cnnse, any route which should properly be aidvertlsed for the regulor letting is omitted, itshnll be the tlrglof the Postmaster General to advertise the same as soon jas error or` omission shall be discovered, and the proposals for sinch route Shall be opened as noon as possible dfter the other proposalsf in the saline contract, section; and the - contract mode under such snpplernentary advertisement shell run, as nearly as posslble, from the beginning to the end of the regular contract term. und, dnrln,·z `the time necessarily. loot by rmnon ot such error, onilssion, or other cause, the Toetmaster