as sureties provided their qualifications as such are independent of their stock holdings therein. Sureties, if individuals, shall be citizens of the United States, except that sureties on bonds executed in any foreign country, the Canal Zone, the Philippine Islands, Puerto Rico, Hawaii, Alaska, or any possession of the United States, for the performance of contracts entered into in these places, need not be citizens of the United States, but if not citizens of the United States shall be domiciled in the place where the contract is to be performed. 4. The name, including full Christian name, and residence of each individual party to the bond shall be inserted in the body thereof, and each such party shall sign the bond with his usual signature on the line opposite the scroll seal, and if signed in Maine or New Hampshire, an adhesive seal shall be affixed opposite the signature. 5. If the principals are partners, their individual names shall appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. 6. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. 7. If the principal or surety is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal as indicated in the form. If the corporation has no corporate seal the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. 8. The official character and authority of the person or persons executing the bond for the principal, if a corporation, shall be certified by the secretary or assistant secretary, according to the form attached thereto. In lieu of such certificate there may be attached to the bond copies of so much of the records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. 9. Each individual surety shall justify, under oath, according to the form appearing on the bond, before a United States commissioner, a clerk of a United States court, a notary public, or some other officer having authority to administer oaths generally. If the officer has an official seal it shall be affixed, otherwise the proper certificate as to his official character shall be furnished. Where citizenship is not required, as provided in paragraph 3 of these Instructions, the affidavit may be amended accordingly. 10. Each certificate of sufficiency shall be signed by an officer of a bank or trust company, a judge or clerk of a court of record, a United States district attorney or commissioner, a postmaster, a collector or deputy collector of internal revenue, or any quests, and the contractor agrees to furnish, the service above specified and toll service in connection therewith, subject to the following terms and conditions: TERMS AND CONDITIONS This contract is subject to all rates, charges, rules, practices (including the practice as established by the contractor and applicable to its other customers for determining charges or credits for fractional parts of a billing month), or requirements which may be lawfully established. Recognition is given to the fact that the United States Government fiscal year ends on June 30. The whole or any part of this contract may be terminated, subject to any charges applicable thereto, at any time upon ten days' written notice by either party to the other. Payment hereunder shall be contingent upon the availability of appropriations therefor, and shall not be made in advance of service rendered. The United States, and all officers and agents thereof, shall be held harmless by the contractor from and against all demands of any nature or kind for or on account of the use of any patented article, combination, or process which may affect the services rendered, including any telephone facilities furnished and used by the United States under this contract. The contractor shall not employ any person undergoing sentence of imprisonment at hard labor. No Member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. Executed this day of 19. (b) Original of form and copies as required will be prepared and executed on behalf of the United States. Jf form covers orders in connection with existing service, such as additions, discontinuances, changes, etc., the number and date of execution of the existing contract which the new form supplements or affects and the existing telephone number will be entered in the spaces provided. (c) The telephone company receiving the form will, upon completion of the work involved, fill in spaces indicated and return all copies, signed by its authorized agent, with the exception of one copy which the telephone company will retain for its files. 2. Exchange service. (a) Every quantity of exchange service with which a specific charge is associated by the contractor shall appear as a separate item in the contract. (b) The wording of each item shall fully identify the service quantity for which a charge is made. Contracts including unit quantities shall specify the number of units of each kind and the charge per unit. (c) Each contract charge shall be so specified as to clearly show whether it is a monthly charge, or a nonrecurring charge such as a service connection, installation or other flat charge. (d) Where any supplementary addition to, discontinuance of, or change in any existing service is required by the subscriber, the additional, discontinued or changed item or items shall be covered by a supplemental agreement executed on a separate Standard Form No. 40. 3. Abbreviated wording. In making the contract, the words used to identify service to be rendered may be abbreviated, but (a) Service quantities which according to the tariffs of the contractor are subject to different individual charges shall not be consolidated into one item, and (b) No specification necessary to full identification and checking of any charge shall be omitted. 4. Toll service. Charges for toll service shall not be set forth in this contract, but such charges shall be quoted at any time on request of the subscriber or any representative thereof, so as to indicate clearly in each case (1) Type of call to be handled. (2) Initial rate and period. (4) Hours, if limited, within which the quoted rates apply. No error in any such quotations shall affect the billing and payment of the correct charges for any service rendered. 5. Authority for changes in charges and general changes. If changes are approved or ordered by any legally constituted authority having jurisdiction, or otherwise lawfully established by the contractor, which affect the charges for exchange service, or any of the terms of an existing contract or of these instructions, the subscriber shall be notified thereof by the contractor promptly in writing, and requested to prepare and forward to the contractor signed Standard Form No. 40, covering the change involved. The notice of the contractor shall state the telephone involved, the authority for the change, the date effective, the charge or provision of the contract or instructions affected, and the new charge or requirement. 6. Duration of contract. Where the term of the contract is to be limited to the fiscal year, the words "and thereafter until further notice", appearing at the top of the form, should be deleted. § 4.26 Instructions to bidders; coal. Standard Form No. 42 Approved by the President Mar. 1, 1929 STANDARD GOVERNMENT INSTRUCTIONS TO BIDDERS (COAL) (For all other supplies use Standard Form No. 22) 1. Preparation of bids. Unless otherwise directed in the invitation, bids shall be submitted in triplicate. Forms furnished, or copies thereof, shall be used, and strict compliance is necessary with the requirements of the invitation, these instructions, and the instructions printed on the forms. Special care should be exercised in the preparation of bids. All information on coal offered and prices shall be fully and clearly set forth. Copies of the bids shall be identical. The proper blank spaces in the bid forms shall be suitably filled in. 2. Signature to bids. Each bid must give the full business address of the bidder and be signed by him with his usual signature. Bids by partnerships must be signed with the partnership name by one of the members of the partnership, or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed with the name of the corporation, followed by the signature and designation of the president, secretary, or other person authorized to bind it in the matter. The names of all persons signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other designation, without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Government, satisfactory evidence of the authority of the officer signing in behalf of the corporation shall be furnished. 3. Bid for all or part. Bids will be considered on definite quantities less than those specified in the Schedules. The Government reserves the right of awarding all or any of the items bid upon according to its best interests. Award will not be made for less tonnage offered under any item, unless acceptable to the bidder. 4. Alternative bids. Alternative bids will not be considered unless called for. conditions and 5. Standard purchase schedules. The Standard Government Purchase Conditions and the Schedules which form the basis of any bid will be considered as a part thereof and will form a part of the contract. 6. Correction. Erasures or other changes in the bids must be explained or noted over the signature of the bidder. 7. Marking and mailing bids. Bids, with their guaranties, if any, must be securely sealed in suitable envelopes, addressed and marked on the outside as required by the invitation. 8. Time for receiving bids. Bids received prior to the time of opening will be securely kept, unopened. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered, except that when a bid arrives by mail after the time fixed for opening, but before award is made, and it is shown to the satisfaction of the officer authorized to make the award that the nonarrival on time was due solely to delay in the mails for which the bidder was not responsible, such bid will be received and considered. No responsibility will attach to an officer for the premature opening of a bid Unnot properly addressed and identified. less specifically authorized, telegraphic bids will not be considered, but modifications by telegraph of bids already submitted will be considered if received prior to the hour set for opening. 9. Withdrawal of bids. Bids may be withdrawn on written or telegraphic request received from bidders prior to the time fixed for opening. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. 10. Bidders present. At the time fixed for the opening of bids, their contents will be made public for the information of bidders and others properly interested, who may be present either in person or by representative. 11. Award or rejection of bids. The award will be made with reasonable promptness and by written notice to that responsible bidder whose bid, complying with the Standard Purchase Conditions for Coal and the requirements of the Schedules, will be most advantageous to the Government, price and other factors considered. In determining price, consideration will be given to transportation costs, including land-grant freight allowances, if any. Consideration will also be given to quality of coal as indicated by records in the possession of the Government and to results obtained with the same or similar coals which indicate whether the coal possesses physical or chemical characteristics that would make it a satisfactory or unsatisfactory fuel. The Government, however, reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the Government. It also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a bidder who is not in position to perform the contract. 12. Bidders interested in more than one bid. If more than one bid be offered by any one party, by or in the name of his or their clerk, partner, or other person, all such bids may be rejected. (Sec. 3722 R. S.) This shall not prevent a bidder from proceeding under paragraph 4 hereof, nor from quoting different prices on different coals. A party who has quoted prices on coal to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a bid directly on the same coal. 13. Errors in bid. Bidders or their authorized agents are expected to examine the Standard Government Purchase Conditions for Coal and the Schedules, and all other instructions pertaining to the purchase. Failure to do so will be at the bidder's own risk, and he can not secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. 14. Preference for domestic coal. Preference will be given to coal of domestic production, conditions of quality and price, including duty, being equal. 15. Operator or agent. Bids will be considered from only bona fide coal mine or dock owners or operators, or their authorized sales agents, when deliveries are to be made in carload lots. (The following paragraphs, 16 and 17, shall apply only when purchases may be made subject to analytical tests, as will be set forth in the schedules.) 16. Required analyses. The bidder is required to specify, for the coal he proposes to furnish, the analytical constituents called for in the Schedules, and they must be within the respective limits, if any, which may be set forth therein. 17. Consideration of analyses in award. In addition to the factors mentioned in paragraph 11, the analytical constituents set forth by the bidder will also be considered in the award, and may subject the bid to rejection if records in the possession of the Government indicate that they can not be maintained. (The following paragraphs shall apply only when guaranties are required with bid.) 18. Guaranty. Where security is required to insure the execution of contract and bond for performance of the service, no bid will be considered unless it is so guaranteed. The bidder, at his option, may furnish a guaranty bond, a certified check, or deposit, in accordance with Treasury Department regulations, United States bonds (at par value) as security in the amount required: Provided, That where not in conflict with the law, the bidder may be limited to the option of furnishing a certified check or United States bonds when the amount of the security does not exceed $1,000, notice of such requirement to be given in the invitation for bids. In case security is in the form of a certified check, or United States bonds, the Government may make such disposition of the same as will accomplish the purpose for which submitted. Certified checks may be held uncollected at the bidder's risk. Certified checks, or the amount thereof, and United States bonds of unsuccessful bidders will be returned as soon as practicable after the opening. 19. Sufficiency of guarantors and sureties. The bond of any surety company, authorized by the Secretary of the Treasury to do business, or of two responsibile individual sureties, will be accepted as security for any bid or contract. Individual guarantors or sureties must make the affidavit appearing on the bond as to their sufficiency and furnish the certificate of a judge or clerk of a court of record, a United States district attorney or commissioner, a postmaster, a collector or deputy collector of internal revenue, or an officer of a bank or trust company. Individual sureties shall justify in sums aggregating not less than double the penalty of the bond. 20. Restrictions as to guarantors and sureties. A firm, as such, will not be accepted as a guarantor or surety, nor a partner for copartners or for a firm of which he is a member. Stockholders of a corporation may be accepted as guarantors or sureties, provided their qualifications as such are not dependent upon their stock holdings therein. Guarantors and sureties, if individuals, must be citizens of the United States, except that sureties on bonds executed in any foreign country, the Canal Zone, the Philippine Islands, Porto Rico, Hawaii, Alaska, or any possession of the United States, for the performance of contracts entered into in these places, need not be citizens of the United States, but if not citizens of the United States must be domiciled in the place where the contract is to be performed. 21. Seals on bonds. When the principal, a guarantor, or a surety is an individual, his signature to a guaranty or bond shall have affixed to it an adhesive or scroll seal. If executed in Maine, Massachusetts, or New Hampshire, adhesive seal is required. Corporate seals shall be affixed by corporations, whether principals or sureties. 22. Contract and bond. The bidder to whom award is made must, when required, enter into written contract on the Standard Government Form for coal, with satisfactory security in the amount required, within the period specified, or if no period be specified, within ten days after the prescribed forms are presented to him for signature. (These instructions are not to be incorporated in the contract.) § 4.27 Purchase conditions; coal. Standard Form No. 43 Approved by the President Mar. 1, 1929 STANDARD GOVERNMENT PURCHASE CONDITIONS (COAL) 1. Size and preparation. Coal shall be of the size or sizes specified; shall be so pre pared as to be reasonably free from slate, bone, sulphur, dirt, and fine coal, and shall be of such grade or quality as will be suitable for the particular requirements. 2. Unit of purchase. The unit of purchase shall be the net ton of 2,000 pounds, unless otherwise stated in the Schedules. 3. Wage scales. The contract price specifiled herein for the coal is based upon the wage scales in effect with mine employees on the date of opening of bids, and any increase or decrease in the cost of production of said coal caused by changes in such wage scales shall correspondingly increase or decrease the contract price of coal on any tonnage mined and shipped thereafter not in arrears at the time the change in wage scales becomes effective: Provided, however, That in event of any such increase in cost of production due to increase in wage scales, the claim shall be presented within 60 days and supported by the affidavit of the superintendent or corresponding officer of the mine or mines from which the coal was produced and by report of a certified public accountant showing the cost of mining the coal before the increase in the wage scales, the amount of the increase in the wage scales after the date of the opening of bids, and the amount of such increase applicable to the coal delivered under this contract after the date of such increase. The books of the contractor shall be so kept as to show the foregoing facts and shall be open to inspection by an authorized officer or employee of the Government. No increase over the contract price shall be allowed unless the claim is so presented and the books of the contractor are so kept. In the event of a decrease in cost of production due to decrease in the wage scales, the decrease in the contract price shall be computed on the basis of the affidavit or affidavits of the superintendent or other corresponding officer of the mine or mines from which the coal was produced or upon other evidence. When there has been no change in the wage scales during the production of the contract coal, the contractor shall so certify on invoices or vouchers submitted for payment. 4. Freight charges. The purchase price of coal, if inclusive of freight charges from point of shipment named herein, is based upon the freight rate in effect on date of opening of bids, and any increase or decrease in said freight rate shall correspondingly increase or decrease the purchase price of the coal on any tonnage shipped thereafter. 5. Deliveries. The contractor shall make deliveries throughout the contract period as set forth in the Schedules. The Government shall have the right, however, to require deliveries, upon reasonable notice, at other times within the contract period in order to meet changed conditions as to storage facilities, weather, transportation, or actual requirements. When necessary to meet unloading conditions the Government shall § 4.1 (e) (3) requires ommission of this paragraph. 819604-49-5 have the right to require that shipments be made in the type or types of transportation equipment which it may specify and to reject shipments proffered in other types of equipment. When each shipment is made the contractor shall promptly notify the Government as to the date of shipment, name of mine from which shipped, and car initials and number. 6. Delays. If for any reason the contractor is delayed in making delivery on the date required of coal purchased f. o. b. point of shipment, or in making shipment sufficiently in advance to ordinarily permit delivery on the date required of coal purchased other than f. o. b. point of shipment, or if the contractor has knowledge that he will be unable to accomplish delivery or make shipment, as the case may be, he shall notify the Government immediately as to actual or contemplated delay, and as to the extent thereof, and the Government may suspend further shipments or deliveries or such part or parts thereof as to which there has been or the contractor has stated that there will be a delay. Upon receipt of such notice, or in the absence thereof, upon knowledge of actual delay in making delivery or shipment, as the case may be, the Government may purchase coal in the open market or secure coal by contract or otherwise and the contractor and his sureties shall be liable to the Government for any excess costs occasioned the Government thereby: (a) Provided, however, That only in the event that the contractor shall have given immediate notice thereof he shall not be liable when the delay is due to unforeseeable causes beyond the control and without the fault or negligence of the contractor, including but not restricted to acts of God, acts of the Government, acts of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, accidents at the mine, interruptions to transportation, or shortage of rail or water transportation equipment; (b) Provided further, That the contractor shall within ten days from the beginning of any delay notify the contracting officer in writing as to the cause of delay, who shall ascertain the facts and the extent of the delay, and his findings of facts thereon shall be final and conclusive on the parties hereto, subject only to appeal, within 30 days, by the contractor to the head of the department concerned, whose decision on such appeal as to the facts of delay shall be final and conclusive on the parties hereto. 7. Mines. Coal from mines other than those stated in the Schedules shall not be furnished unless authorized by the Government in writing. 8. Weights. For coal purchased f. o. b. point of origin or shipment, and shipped in carload lots, and for coal purchased f. o. b. destination and shipped in carload lots or delivered by barge or scow, settlement shall be based upon railroad weights for delivery by rail or upon certifications furnished by the contractor of railroad weights of cars making up cargo for delivery by barge or |