contract or agreement made or entered into in behalf of the United States, by any officer or person authorized to make contracts on behalf of the United States. Every person who violates this section shall be deemed guilty of a misdemeanor, and shall be fined three thousand dollars. contracts or agreements made in violation of this section shall be void; and whenever any sum of money is advanced on the part of the United States, in consideration of any such contract or agreement, it shall be forthwith repaid; and in case of refusal or delay to repay the same, when demanded, by the proper officer of the Department under whose authority such contract or agreement shall have been made or entered into, every person so refusing or delaying together with his surety or sureties, shall be forthwith prosecuted at law for the recovery of any such sum of money so advanced. April 21, 1808, s. 1, v. 2, p. 484. See note 25. What members of Con Apr. 21, 1808, s. 249. SEC. 3740. Nothing contained in the preceding section at interest shall extend, or be construed to extend, to any contract or gress may have. agreement, made or entered into, or accepted, by any incor- 2.v. 2, p. 484; Feb. porated company, where such contract or agreement is made 27, 1877, v. 19, p. for the general benefit of such incorporation or company; nor to the purchase or sale of bills of exchange or other property by any member of or delegate to Congress, where the same are ready for delivery, and payment therefor is made, at the time of making or entering into the contract or agreement. that no member SEC. 3741. In every such contract or agreement to be Stipulation made or entered into, or accepted by or on behalf of the of Congress has United States, there shall be inserted an express condition that no member of or delegate to Congress shall be admit- 3, ted to any share or part of such contract or agreement, or 249. to any benefit to arise thereupon. an interest. August 13, 1894. 236. Contractors to That hereafter any person or persons entering into a formal contract with the United States for the construction of any public building, or the prosecution and completion of any public work or for repairs upon any public building or public work, shall be required before commencing such or works. work to execute the usual penal (26) bond, with good and furnish bond to sufficient sureties, with the additional obligations that labor and such contractor or contractors shall promptly make payments to all persons supplying him or them (27) labor and 352, ante, p. 62. materials in the prosecution of the work provided for in such contract; pay for R. S., s. 3709. If labor or materials furnished are not and any person or persons making application therefor, paid for. and furnishing affidavit to the Department under the direction of which said work is being, or has been, prosecuted, that labor or materials for the prosecution of such work has been supplied by him or them, and payment for which has not been made, shall be furnished with a certified copy of said contract and bond, Note 25.-There is no law preventing Government officers, Executive branch, contracting with the Government in matters separate from their offices and in no way connected with the performance of their official duties, nor against their acquiring an interest in contracts after they are procured. (Op., XIV, 483.) Note 26.-See act allowing corporate bonds, 1894, Aug. 13, ch. 282. Note 27. For review of labor legislation," see note (1) to 1888, June 13, ch. 389 (1 Supp. R. S., 590), and 1892, Aug. 1, ch. 352. See sec. 3739. -person supplying may sue on bond. No expense to United States. costs. 1894. Penalty against officer for making upon which said person or persons supplying such labor and materials shall have a right of action, and shall be authorized to bring suit in the name of the United States for his or their use and benefit against said contractor and sureties and to prosecute the same to final judgment and execution: Provided, That such action and its prosecutions shall involve the United States in no expense. Security for SEC. 2. Provided that in such case the court in which August 13, such action is brought is authorized to require proper security for costs in case judgment is for the defendant. SEC. 3742. Every officer who, on behalf of the United contract with a States, directly or indirectly makes or enters into any conmember of Contract, bargain, or agreement in writing or otherwise, other Apr. 21, 1808, s. than such as are hereinbefore excepted, with any member 4, v. 2, p. 484; Feb. 27, 1877, v. 19, p. of or delegate to Congress, shall be deemed guilty of a misdemeanor, and shall be fined three thousand dollars. gress. 249. Title 43. Deposit of contracts. July 16, 1798, 8. SEC. 3743. All contracts to be made, by virtue of any law, and requiring the advance of money, or in any manner connected with the settlement of public accounts shall be deposited in the office of the First Comptroller of the p. Treasury of the United States, the Second Comptroller of the Treasury of the United States, or the Commissioner of Customs, respectively, according to the nature thereof, within ninety days after their respective dates. 6. v. 1, p.610: Feb. 27, 1877, v. 19, 249. See note 28. Contracts to be in writing. and 30. 29 SEC. 3744. It shall be the duty of the Secretary of War, June 2, 1862, s. of the Secretary of the Navy, and of the Secretary of the 1, v. 12, p. 411. See notes Interior, to cause and require every contract made by them severally on behalf of the Government, or by their officers under them appointed to make such contracts, to be reduced to writing, and signed by the contracting parties with their names at the end thereof; a copy of which shall be filed by the officer making and signing the contract in the Returns Office of the Department of the Interior, as soon after the contract is made as possible, and within thirty days, together with all bids, offers, and proposals to him made by persons to obtain the same, and with a copy of any advertisement he may have published inviting bids, offers, or proposals for the same. All the copies and papers in relation to each contract shall be attached together by a ribbon and seal, and marked by numbers in regular order, according to the number of papers composing the whole return. Oath to contract. Ibid., s. 2. See sec. 3744. SEC. 3745. It shall be the further duty of the officer, before making his return, according to the preceding sec tion, to affix to the same his affidavit in the following form, sworn to before some magistrate having authority to administer oaths: "I do solemnly swear (or affirm) that the copy of contract hereto annexed is an exact copy of a con Note 28.-Naval contracts are now deposited with the Auditor for the Navy Department under act of 1894, which act abolished the office of Second Comptroller. Note 29.-The requirement in section 3744, "to be reduced to writing and signed by the contracting parties," is mandatory and obligatory on contractors and officers. Oral agreement void as an executory contract. (C. C., IV, p. 75, and V, pp. 65, 338.) Note 30.-This section is not infringed by the proper officer having charge of such matter accepting delivery of supplies after the day stipulated, nor is a verbal agree ment to extend the time of performance invalid. (Wallace, XIX, p. 17; C. C., IX, 54.) When an "emergency "is declared, need not be in writing. (C. C., IX, 187 and 291.) ; that I made the tract made by me personally with omitting returns. Ibid., s. 3. SEC. 3746. Every officer who makes any contract, and Penalty for fails or neglects to make return of the same, according to the provisions of the two preceding sections, unless from unavoidable accident or causes not within his control, shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than five hundred, and imprisoned not more than six months. Ibid., s. 5. SEC. 3747. It shall be the duty of the Secretary of War, Instructions. of the Secretary of the Navy, and of the Secretary of the Interior to furnish every officer appointed by them with authority to make contracts on behalf of the Government with a printed letter of instructions, setting forth the duties of such officer, under the two preceding sections, and also to furnish therewith forms, printed in blank, of contracts to be made, and the affidavit of returns required to be affixed thereto, so that all the instruments may be as nearly uniform as possible. SEC. 512. The Secretary of the Interior shall from time to Title 11, chap. 8. time provide a proper apartment, to be called the Returns Returns Office. Office, in which he shall caused to be filed the returns of contracts made by the Secretary of War, the Secretary of the Navy, and the Secretary of the Interior, and shall appoint a clerk of the first class to attend to the same. turns. SEC. 513. The clerk of the Returns Office shall file all, Clerk to file rereturns made to the Office, so that the same may be of easy access, keeping all returns made by the same officer in the same place, and numbering them in the order in which they are made. SEC. 514. The clerk of the Returns Office shall provide Index book. and keep an index-book, with the names of the contracting parties, and the number of each contract opposite to the names; and shall submit the index-book and returns to any person desiring to inspect it. turns. SEC. 515. The clerk of the Returns Office shall furnish,Copies of recopies of such returns to any person paying therefor at June 2, 1862, 99. the rate of five cents for every one hundred words, to 2, 4, v. 12, p. 412. which copies certificates shall be appended in every case by the clerk making the same, attesting their correctness, and that each copy so certified is a full and complete copy of the return. appropriation. July 25, 1868, s. SEC. 5503. Every officer of the Government who know- Title 70, chap. 6. ingly contracts for the erection, repair, or furnishing of any Contracting public building, or for any public improvement, to pay a beyond specific larger amount than the specific sum appropriated for such purpose, shall be punished by imprisonment not less than six months nor more than two years, and shall pay a fine of two thousand dollars. 3, v. 15, p. 177. Mar. 3, 1877. in the District of Hereafter no contract shall be made for the rent of any Contract for building, or part of any building, to be used for the purposes rent of buildings of the Government in the District of Columbia, until an Columbia. appropriation therefor shall have been made in terms by 18. p. 133; Mar. 3, Congress, and that this clause be regarded as notice to all 1877, v. 19, p. 370. contractors or lessors of any such building or any part of building. June 22, 1874, v. June 15, 1880. ings. June 15, 1880, And where buildings are rented for public use in the DisRent of build- trict of Columbia, the Executive Departments are authorized, whenever it shall be advantageous to the public 21 Stat. L., p. 228 interests, to rent others in their stead: Provided, That no Aug. 5, 1882, 22 increase in the number of buildings now in use, nor in the Stat. L., 241. amounts paid for rents, shall result therefrom. August 5, 1882. p. 522. *; and it shall be the duty of the heads of the 22 Stat. at L., several executive departments to submit to Congress each year, in the annual estimates of appropriations, a statement of the number of buildings rented by their respective departments, the purposes for which rented, and the annual rental of each." June 14, 1878. steam boilers. ers. That the Secretary of the Navy be, and he is hereby, Materials for authorized to purchase, at the lowest market price, suchi plate iron and other material as may enter into the construction of steam boilers for the Navy without advertising Notice to deal for bids to furnish the same: Provided, That he shall cause to be sent to the principal dealers and manufacturers of iron and such other materials as may be required, specifications of the quality, description, and character of such iron and materials so required: And provided further, That such plate iron and materials shall be subjected to the same tests and inspection as now provided for, and which inspection and tests shall be made publicly and in presence of such bidders or their authorized agents as may choose to attend at the making thereof. Tests. June 14, 1878, v. 20. p. 253. Mar. 3, 1881. That the Secretary of the Navy be, and he is hereby, 21 Stat. L., 509. directed to cause all purchases of tobacco for the use of Supp. R. S., P. the Navy to be made in the city of Washington, and as Tobacco, how follows: 226-7. purchased. Mar. 3, 1881, v. In the month of February or March of each year the 21, p. 509. Supp. R. S., v. 2, p. 517. Secretary of the Navy shall cause proposals for bids for supplying the Navy with tobacco during the next year to be advertised thirty days in one daily newspaper in each of the cities of New York, Harrisburg, Pennsylvania, Baltimore, Richmond, Raleigh, North Carolina, Saint Louis, Louisville, Nashville, Hartford, Connecticut, Detroit, Cairo, Illinois, and Chicago; said tobacco to be manufactured during the months of June, July, August, and September; the bids to be accompanied by samples of the tobacco which each bidder may propose to furnish. The lowest bid for furnishing tobacco equal to the United States Navy standard now in use shall be accepted. And the Secretary of the Navy is hereby authorized and Tobacco; ad- directed to cause advertisement to be made for tobacco for the use of the Navy, as the needs of the service may require, in the manner prescribed by law for other supplies. vertisement. R. S., s. 3721. -samples. Bidders shall submit with their proposals a sample of the tobacco which they propose to furnish, and the contract shall, in the discretion of the Department, be awarded to the bidder whose sample is found by a board of officers to be best adapted for use in the Navy. * * -contract. June 10, 1880. June 10, 1880, That the Secretary of the Navy be authorized and directed to introduce into the naval service rope and cordage manufactured of cotton according to the recent methods to such for the Navy. an extent as will furnish a fair test of the value and effi- v. 21, p. 172. ciency thereof as compared with the kinds now in use: Provided, however, That no person shall have any claim whatever against the United States or any department thereof or receive any compensation therefor. The Secretary of the Navy is authorized and empowered, Mar. 3, 1883. within his discretion, to constitute and introduce, as a por- Life-saving tion of the equipment of the Navy, the life-saving dress dress. adopted and approved by the Life Saving Service of the 97, 22 Stat. L., p. United States. For the purchase and manufacture, after full investigation and test in the United States under the direction of the Secretary of the Navy, of torpedoes adapted to naval warfare, or of the right to manufacture the same and for the fixtures and machinery necessary for operating the same, one hundred thousand dollars: Provided, That no part of said money shall be expended for the purchase or manufacture of any torpedo or of the right to manufacture the same until the same shall have been approved by the Secretary of the Navy, after a favorable report to be made to him by a board of naval officers to be created by him to examine and test said torpedoes and inventions. Mar. 3, 1883, ch. 475. Naval ap propriation act.] Torpedoes. Idem. Small stores Feb. 14, 1879, v. From and after the first day of April, eighteen hundred Feb. 14, 1879. and seventy-nine, the value of issues of small stores shall be credited to a fund to be designated as the "small stores fund. fund", in the same manner as the value of the issues of 20, p. 288. clothing is now credited to the "clothing fund"; the resources of the fund to be used hereafter in the purchase of supplies of small stores for issue. And the Bureau of provisions and clothing. clothing fund and small stores fund shall be hereafter consolidated and administered as a fund to be known as the clothing and small stores fund. * Act of June 30, 1890. Clothing and small stores funds to be consolidated. Feb. 14, 1879, ch. 68. Title 43. fuel in District of SEC. 3711. It shall not be lawful for any officer or person in the civil, military, or naval service of the United States in the District of Columbia to purchase anthracite or bituminous coal or wood for the public service except on condition that the same shall, before delivery, be inspected Inspection of and weighed or measured by some competent person to be Columbia. appointed by the head of the Department or chief of the branch of the service for which the purchase is made. The person so appointed shall, before entering upon the duty of, inspector, weigher, and measurer, and to the satisfaction of the appointing officer, give bond, with not less than two sureties, in the penal sum of five thousand dollars, and with condition that each ton of coal weighed by him shall consist of two thousand two hundred and forty pounds, and that each cord of wood to be so measured shall be of Appointment of inspectors, etc. July 11, 1870, s. v. 16, p. 229. |