Page:United States Statutes at Large Volume 19.djvu/156

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130 FORTY-FOURTH CONGRESS. Sess. I. CH; 260. 1876, a bidder or not, who will enter into contract to perform the service in _ accordance with the terms and provisions prescribed for the execution of other contracts for similar service; and in case no satisfactory contract can be thus obtained, he shall re-advertise such route. and if p,0w,d,,,,,,, on any bidder whose bid has_been accepted, and who has entered into 4;, failure or refusal of contractto perform the ervice accordingto his proposal, and in pursuance ¤<>¤l¤wi<>¥ le IM- of his contract has entered upon the performance of the service, to the f""" “°“"°°· satisfaction of the Postmaster-General, shall subsequently tail or refuge 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 faithful performance thereof, in the same penalty and with the same terms _ and conditions thereto annexed as were stated and contained in the bond which accompanied his bid ; and in case said next lowest bidder shall decline to enter into contract for the performance of such service, then the Postmaster-General may award the service to, and enter into contract with, any person, whether a bidder on said route or not, who will enter into contract to perform the - service and execute a bond of like tenor and eifect as that required of bidders, in a penalty to be prescribed, and with surcties to be approved by the Postmaster-General, for the performance of the service contracted to he performed at a price not exceeding that named in the bid of the said next lowest bidder ; and if no contract can be secured at the price named in said next lowest bid, then the Postmaster-General shall proceed to sec_ure a contract, at a price not considered too high, with any person who will execute such contract in accordance with the law applicable thereto, giving in all cases, the preference to the regular bidders ou the list whose bids do not exceed the price at which others _ will contract thereior; and if no satisfactory contract can be thus r l’¤"f><=<><;d¤¤H*j fg secured, the route shall be re-advertised. Whenever an accepted bidder b'?:,:};;? °0hQF°&}’c‘;_ shall fail to enter into contract, or a contractor on any mailroute shall W MQ, (,,,,,1,,,,% fail or refuse to perform the service on said route according to his con- ' tract, or when a new route shall be established or new service required, or when, from any other cause, there shall not be a contractor legally bound or required to perform such service, the Postmaster—(-leneral may make a temporary contract for carrying the mail on such route, without advertisement, for such period as may be necessary, not in any case exceeding six months, until the service shall have commenced under a Limit or pi-ice or contract made according to law z Provided however, That the Postmaster-

  • °"‘l’°'°’¥ °°"’*°°· 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 preceeding contract term. ‘°And in all cases of regular contracts hereatter (lll3dB, 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 anew contract with the same or other contractors shall be made by the Postmaster-General? And that · n_s_,;;g54,p_712_ section thirty-nine hundred and fifty-four of the Revised Statutes be amended. amended to read as tollowss *‘Any person or persons bidding for the W : Yrcgxsf transportationof the mails upon any route which may be advertised to be mg, @,0,, to wm let, and receiving an award of the contract for such service, who shall mso c0¤a~sc;,(,tc_ wrongfully refuse or fail to enter into contract with the Postmaster- General in due form to perform the service described in his or their bid or proposal, or having entered into such contract shall wrongtnlly refuse or tail to perform such service, shall, for any such failure or refusal, be deemed guilty of a misdemeanor, and be punished by a fine of not more Ehap hve thpusand dollars, and by imprisonment for not more than we ve mon s. — ~ , wgggfgxl 310 fif _ “And the failure or refusal of any such person or persons to enter ° "’· into such contract in due form, or having entered into such contract