CHAPTER V. BIDS OR PROPOSALS. Bids or proposals are offers, usually in writing, Bids defined. to do a certain act, or to perform a certain work for a consideration. Bona fide bids are those made in good faith, and Genuine bids. with the intention of fulfilling them. 66 Straw" bids are those presented over an as- Straw bids. sumed name, or by an irresponsible party for fraudulent purposes. pare forms of bids The engineer or agent letting the work is ex- Engineer to prepected to prepare and furnish to the bidders blank and instructions. forms, to be filled out by them, with instructions concerning the manner of so doing, time of presentation and opening, and whatever restrictions may be imposed upon parties desiring the work, with any other information deemed necessary. The manner of filling out the blanks, endorsFilling out blanks for proposals. ing the bids, and the general conditions to be complied with as required in all proposals for Government work, are fully set forth in the following "Instructions for Bidders," which should always be attached to each blank proposal, and form part of the contract. INSTRUCTIONS FOR BIDDERS. (Printed on same paper with specifications, &c.) Endorsing and ad I. All bids must be made in duplicate upon printed forms to be obtained at this office, and enclosed in two envelopes. The outside envelope will be directed to the dressing bids. engineer in charge at this office; the inside one will be endorsed ("Proposals for Dredging at Cedar Keys, Florida.") 2. Guarantees to be certified to by a U. S. officer. The guarantee attached to each bid must be signed by two responsible guarantors, to be certified to as good and sufficient guaranters by a United States district attorney, collector of customs, or any other officer under the United States government, or responsible person known to this. office. Individual signarures of firms re quired in full. 3. When firms bid, the individual names of the members should be written out, and should be signed in full, giving the Christian names; but the signers may, if they choose, describe themselves, in addition, as doing business under a given name and style as a firm. or wafer. 4. All signatures must have affixed to them Seals must be wax seals of wax or wafer. 5. The place of residence of each bidder, surety and witness, with county and State, must be given after his signature, which must be written in full. Places of residence stated in full. 6. Prices must be written as well as expressed Prices written. in figures. 7. A percentage of ten (10) per centum, more or Amount retained. less, will be retained from each payment until the completion of the contract;* except where (as in case in which no Exceptions. payment is to be made until a work is completed) such percentage may, in the opinion of the officer in charge, properly be dispensed with. Form of contract will be furnished. 8. The contract which the bidder and guarantors promise to enter into shall be, in its general provisions, and in use by the Engineer Department of the Army, blank forms of which can be inspected at this office, and will be furnished, if desired, to parties proposing to put in bids. Parties making bids are to be understood as accepting the terms and conditions contained in such form of contract. 9. Reasonable grounds for supposing that any Fraudulent or straw bidder is interested in more than one bid for the bidding prohibited. same item will cause the rejection of all bids in which he is interested. * Work. IO. bids. The United States reserves the right to re- Right to reject any ject any and all bids; also to disregard the bid of any failing bidder or contractor known as such to the Engineer Department. II. The bidder must satisfy the United States Bidders must be able to perform. of his ability to furnish the materials or perform the work for which he bids. 12. Payments for each month's work will be Time of making made as soon after the first of the month as prac- payments. ticable. 13. Transfers of contracts or of interests in contracts, are prohibited by law.* Transfer of contract prohibited. 14. In submitting proposals, the sealed envelope Indorsing proposals must be so endorsed as to indicate before being opened the particular work for which the bid is made. mencement of the 15. A bond of (an amount usually about one- Security for the comthird that of the contract) dollars, with two suffi- work. cient sureties, will be required to insure the commencement and completion of the work at the time stated. 16. Proposals will not be received by telegraph No bids by teleat any time. graph. 17. Blank forms of proposals and guaranty must Blanks must be be properly filled out in regard to guaranty, price properly filled. of doing work, time of commencement and completion, &c., exactly in the manner prescribed by them. 18. Detailed maps of the locality can be seen at this office. Drawings to be seen at office. of this advertisement and specifica- Advertisements, 19. A copy tion will be attached to the contract and form part of it. 20. &c., to form part of contract. Bidders are requested to be present at the Bidders present at opening of the bids.† opening. 3,737. Revised statutes, U. S. July 17, 1862.-No contract or order, or any interest therein, shall be transferred by the party to whom such contract or order is given, to any other party, and any such transfer shall cause the annulment of the contract or order transferred so far as the United States are concerned. All rights of action, however, for any breach of such contract by the contracting parties are reserved to the United States. §3710 Revised Statutes of the United States. Whenever proposals for supplies have been solicited, the parties responding to such solicitation shall be duly notified of the time and place of opening the bids, and be permitted to be present either in person or by attorney, and a record of each bid shall there and then be made. 21. No award of the work above advertised No work awarded before appropriawill be made until the bill making the appropria- tions are made. tion for the same has been passed by Congress, and approved by the President of the United States. pro The object of these several provisions are so evident as to need no explanation. They are the results of a long The above experience, and are found to be necessary safeguards to ensure honesty and expedition in the execution of the contract. visions necessary. Guaranty. The Guaranty provides that the contract shall be Object of the entered into within ten (10) days, more or less, of the time of making the award. This is to prevent irresponsible parties having no “plant" from entering, with the expectation that if successful they will procure an equipment on credit, or sell out to other contractors for a "bonus." Blank forms of Proposals as used in the U. S. Service with the Guaranty attached, are appended as guides. Proposals of. for REMOVING SNAGS, &C., FROM MINNESOTA RIVER, OPENED JULY 2, 1877. See pages 63, 211, 219, 251. (TOWN, COUNTY, AND STATE).. .1877. I, (or) We, the subscriber, do hereby propose to do the work of removing snags, &c., from the Minnesota River, agreeably to the terms of your advertisement and specifications dated June 2d, 1877, (copies of which are hereto attached) relating to "Improvement of Minnesota River,” in the manner and upon the terms specified below, viz.: For removing Boulders.... -----cents, ($ ) per cubic yard. dollars and For removing overhanging Trees from the banks, of the following dimensions, measured one foot above the roots: For those thirty-six inches in diameter and upwards, ....dollars For those thirty inches in diameter and upwards, not exceeding thirty-six inches in diameter,... dollars and......cents, ($ ) each. For those twenty inches in diameter and upwards, not exceeding thirty inches in diameter,. dollars and......cents, ($ ) each. ) each. For those six inches in diameter and upwards, not exceeding twenty inches in diameter,... dollars and..............cents, ($ For those four inches in diameter and upwards, not exceeding six inches in diameter... dollars and..............cents, ($ ) each. For removing Snags, Logs, Stumps, and Trees with roots imbedded in the bottom of the river, of the following dimensions, measured two feet above the roots: For those thirty-six inches in diameter and upwards and......cents, ($ ) each. ..dollars For those thirty inches in diameter and upwards, not exceeding thirty-six inches in diameter,.. dollars and......cents ($ ) each. For those twenty inches in diameter and upwards, not exceeding thirty inches in diameter, - - dollars and......cents, ($ ) each. For those six inches in diameter and upwards, not exceeding twenty inches in diameter,... .......... dollars and........cents, ($ ) each. For those four inches in diameter and upward, not exceeding six inches in diameter,..dollars and..........cents, ($ ) each. I (or) We further propose to commence the work on or before the 1st day of April, 1878; and I (or) we pledge ..to enter into a written contract with the United States, with good and approved security, within the space of ten days after being notified that the foregoing bid has been accepted. Your obedient servant, - [L. S.] Witness. Of the town of. .....county of........State of................... --[L. S.] .... [L. S.] Of the town of........county of........State of.... Of the town of........county of........State of................ To MAJOR F. U. FARQUHAR, Corps of Engineers. by, jointly and severally, covenant with the United States, and guarantee, in case the within bid of... ....be accepted, that.. .will, within ten days after being notified of the acceptance of said bid, execute a contract of the character and form described in the accompanying General Instructions for Bidders, and in conformity with the advertisement and specifications dated June 2d, 1877, under which the bid was made, together with a bond, with good and sufficient sureties, in the sum of three thousand dollars; and in case the said... |