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TWENTY-FOURTH CONGRESS. Sess. I. Ch. 270. 1836.

Proviso.

Proposals forcontracts.

Proviso.

Offers for car-rying the mailto be recorded.

Persons em-ployed in thePost Office notto be interestedin contracts.

Proposals fortransporting themail to be ac-companied by aguaranty, &c.

than at the annual letting, the Postmaster General shall give notice inone newspaper published at Washington City, and in one newspaperpublished as near as may be to the route on which the services are tobe performed for at least four weeks before changing or making suchcontract, inviting proposals therefor; which proposals shall be receivedand opened, and such proceedings thereon had, in all things, as at theannual lettings. Provided however , That the Postmaster General maymake temporary contracts until a regular letting can take place.

Sec. 24. And be it further enacted, That proposals for mail contractsshall be delivered to the Department sealed, and shall be kept sealeduntil the biddings are closed, and shall then be opened and marked inthe presence of the Postmaster General and of one of the AssistantPostmasters General, or in the presence of two of the Assistant Post-masters General. And the contracts in all cases shall be awarded tothe lowest bidder, except when his bid is not more than five per centumbelow that of the last contractor, on the route bid for, who shall havefaithfully performed his contract. Provided however, That the Post-master General shall not be bound to consider the bid of any personwho shall have wilfully or negligently failed to execute or perform aprior contract.

Sec. 25. And be it further enacted, That it shall be the duty of thePostmaster General to have recorded in a well-bound book, a true andfaithful abstract of offers made to him for carrying the mail, embracingas well those which are rejected, as those which are accepted. Thesaid abstract shall contain the names of the party or parties offering;the terms on which he or they propose to carry the mail, the sum forwhich it is offered to contract; and the length of time the agreement isto continue. And it shall also be the duty of the Postmaster Generalto put on file and preserve the originals of the propositions of whichabstracts are here directed to be made, and to report at each session ofCongress a true copy from the said record of all offers made for carryingthe mail as aforesaid.

Sec. 26. And be it further enacted, That if any person employed inthe Post Office Department or postmaster shall become interested inany mail contract or act as agent, with or without compensation, in anymatter or thing relating to business in said Department, for any con-tractor, or person offering to become a contractor, he shall be forthwithdismissed from office and shall be liable to pay so much money as wouldhave been realized from said contract, to be recovered in an action ofdebt in any court having jurisdiction thereof, in the name of the UnitedStates , for the use of the Post Office Department; and it shall be theduty of the Postmaster General to cause prosecution to be instituted.

Sec. 27. And be it further enacted, That every proposal for thetransportation of the mail shall be accompanied by a written guaranty,signed by one or more responsible persons, to the effect that he or theyundertake that the bidder or bidders will, if his or their bid be accepted,enter into an obligation in such time as may be prescribed by the Post-master General, with good and sufficient sureties, to perform the serviceproposed. No proposal shall be considered, unless accompanied bysuch guaranty. If, after the acceptance of a proposal, and notificationthereof to the bidder or bidders, he or they shall fail to enter into anobligation within the time prescribed by the Postmaster General, withgood and sufficient sureties for the performance of the service, then thePostmaster General shall proceed to contract with some other person orpersons, for the performance of the said service, and shall forthwithcause the difference between the amount contained in the proposal soguarantied, and the amount for which he may have contracted for theperformance of said service, for the whole period of the proposal, to becharged up against the said bidder or bidders, and his or their guarantor