other of the following cities nearest to the operating or financial office of the carrier or the place where the contract is to be performed, namely: New York, N. Y., Boston, Mass., Chicago, Ill., St. Louis, Mo., Atlanta, Ga., San Francisco, Cal., and Portland, Oreg.; and a printed copy of the published notice in each case shall be posted in plain view, for 2 weeks immediately preceding the day on which bids are to be received, on a bulletin board, designated for that purpose, in a public and conspicuous place in the building where the principal operating office of the carrier is located. Such published notices shall describe in general but intelligible terms the proposed contract, giving its serial number, and the special matter or things for which bids are requested, and the date on or before which the bids must be submitted, and the person by whom and the office at which the bids submitted will be received and opened as herein provided. The carrier may in said notice reserve the right to reject any and all bids and may, at its option, require each bidder to tender a bond in a reasonable sum to be therein named, with sufficient surety or sureties conditioned upon the faithful and prompt performance of the terms of the contract.** 8.2 Opening of bids; bonds; form and contents of bids. Every bid to receive consideration shall be submitted at the place specified in the notice on or before noon of the day on which the bids are to be opened and the bids shall be opened after noon and before 6 o'clock, on the day and at the place and by the person or persons designated in the notice. Each bidder may attend in person or by duly authorized representative at the opening of the bids, and shall be afforded an opportunity to do so and to examine each bid. The bids shall forthwith be tabulated in conformity with the form of proposal prepared and a copy of such tabulation shall be promptly furnished to any bidder or his authorized representative upon application therefor. When required by the notice, each bid shall be accompanied by tender of a bond in the amount specified in the notice with sufficient surety or sureties conditioned upon the faithful and prompt performance of the proposed contract. A bond shall be required only in cases where the notice for bids expressly calls for a bond. Each bid shall be enclosed with accompanying papers in a plain envelope securely sealed bearing no indication of the name of the bidder or the amount of the bid, and shall be marked "Bid under proposed contract No. ," and shall be addressed to the officer of the carrier designated in the notice to receive the same. Each bid shall state the name and address of the bidder and, if the bidder be a corporation, the names and addresses of the officers, directors and general manager thereof and of the purchasing or selling officer or agent in that transaction and, if the bidder is a firm, partnership or association, the bid shall give the names and addresses of each member thereof, and of the manager, purchasing or selling officer or agent in that transaction.** 8.3 Considerations for acceptance of bids; rejection; readvertising for new bids. After receiving and opening bids as aforesaid, the carrier receiving the same shall within 48 hours in cases where the sale or purchase of securities is the undertaking, and within 10 days **For statutory and source citations, see note to § 8.0. Page 53 where bids are for supplies, equipment, other articles of commerce and for construction or maintenance work, accept the most favorable bid considering (a) the lowest price or prices for the supplies, equipment, and other articles of commerce, and for the construction or maintenance work, described in the advertisement, and the highest price or prices offered for any securities or property, so described, for sale by the carrier, and (b) the ability and reliability of the bidder, financial and otherwise, to deliver the property or to perform the work or transaction, or to pay for the securities, described in the advertisement, giving due consideration to any bond or security tendered by the bidder. If the right be reserved in the notice all bids may be rejected and the carrier may readvertise for bids. The carrier shall notify the successful bidder of the acceptance of his or its bid, and the bidder shall within 10 days execute the required contract, and, if required by the notice, execute a good and sufficient bond for the faithful and prompt performance of the contract. In case the successful bidder shall neglect or fail within said time to execute the contract or bond as aforesaid the carrier may within 5 days award the contract to the next most favorable bidder, ascertained as herein provided for determining the most favorable bidder. If neither the most favorable bidder nor the next most favorable bidder shall execute a contract and qualify as aforesaid, the carrier shall readvertise for new bids.*+ 8.4 Statement of the transaction. Each carrier after having made and executed a contract as and in the manner above specified shall within 30 days after the execution of such contract file with the Interstate Commerce Commission a statement of the transaction giving, (a) a copy of the published notice; (b) the names of all bidders, and, if the bidder be a corporation, the names and addresses of the officers, directors and general managers thereof and of the purchasing or selling officer or agent in that transaction, or if the bidder be a partnership or firm, the names and addresses of the members of the firm, the general manager and purchasing or selling agent thereof, and the total amount of each bid; (c) the name of the bidder to whom the contract was awarded together with a copy of the contract; and (d) if any other than the lowest or the highest bid, as the case may be, is accepted as being most favorable to the carrier, the reasons for such acceptance. The statement shall be made in typewriting, in pamphlet form on pages not less than 8 by 1012 inches in size nor greater than 912 by 12 inches, in size, bound on the longer edge of the page, the paper to be of durable quality fit for permanent record.** 8.5 Examination. In the case of each bid so taken as aforesaid, the carrier shall preserve and keep open for examination by the Interstate Commerce Commission or any duly authorized examiner thereof, (a) a copy of the resolution or order of the Board of Directors, Executive Committee, or officers of the said common carrier specifying the purposes and terms of the contract for which the bids were invited; (b) a copy of the specifications, maps, drawings, and Page 54 **For statutory and source citations, see note to § 8.0. illustrations upon which bids were made; (c) copies of the notices published, sworn to by or on behalf of the publisher of each paper, respectively, giving the dates and times of publication; (d) the original bids received, designating the bid accepted and giving a statement of the reasons for accepting the same; (e) a copy of the contract entered into between the carrier and the accepted bidder, together with a copy of the bonds if any; (f) references by number of volume and page to the records of proceedings of the stockholders, directors, or executive committee of the carrier. The files in each transaction shall be securely fastened together and given the contract number and each document therein shall be numbered consecutively and at the conclusion there shall be a sworn statement by the presídent, a vice president, or the general manager of the carrier, stating that the files in No. contain true and complete records and statements of all the negotiations had in connection with the contract therein set forth. Such files shall not be broken or any part destroyed by the carrier or any officer or agent of the carrier without written authorization from the Interstate Commerce Commission.** 8.6 Notice of order. A copy of this order (§§ 8.0-8.6) shall be served upon each common carrier subject to the Interstate Commerce Act, and notice of this order (§§ 8.0-8.6) shall be given to the general public by depositing a copy hereof in the office of the Secretary of the Commission in Washington, D. C."+ 8.7 Carriers subject to the Interstate Commerce Act. (a) It appearing, that the Commission's order herein, dated October 6, 1919, and as amended October 4, 1920 (§§ 8.0-8.6), and still in force (56 I.C.C. 847-850), which prescribed regulations to govern bids, subject to section 10 of the Clayton Antitrust Act, for securities, supplies, or other articles of commerce, applied to all carriers subject to the Interstate Commerce Act; and that under the provisions of part II of the Interstate Commerce Act (Motor Carrier Act, 1935), common carriers by motor vehicle, which are engaged in interstate or foreign commerce, now are subject to the Commission's jurisdiction. (b) It is ordered, that the regulations prescribed in said order dated October 6, 1919, as amended October 4, 1920 (§§ 8.0-8.6), be, and they are hereby, made applicable, on and after January 29, 1938, to all common carriers subject to part II of the Interstate Commerce Act (Motor Carrier Act, 1935, secs. 201-227, 49 Stat. 543, 567; 49 U.S.C., Sup., 301-327); and that notice of this order (this section) be given to all interested parties, including common carriers subject to part II of the Interstate Commerce Act (Motor Carrier Act, 1935), and all others of the general public affected by this order (this section), by publishing it, together with said order of October 6, 1919, as amended October 4, 1920 (§§ 8.0-8.6), in the Federal Register, and by depositing copies thereof in the office of the Secretary of the Commission in Washington and the office of each of the District Directors of the Bureau of Motor Carriers of the Commission.* [Ex Parte No. 54, Jan. 29, 1938, 3 F.R. 344] **For statutory and source citations, see note to § 8.0. Page 55 Section 9.1 Applications and affidavits. Applications for medals under this Act (33 Stat. 743; 45 U.S.C. 44-46) should be addressed to and filed with the Interstate Commerce Commission, at the city of Washington, D. C. Satisfactory evidence of the facts upon which the application is based must be filed in each case. This evidence should be in the form of affidavits made by witnesses of good repute and standing, testifying of their own knowledge. The affidavits should be made before an officer duly authorized to administer oaths, and be accompanied by the certificate of some United States official of the district in which the affiants reside, such as a judge or clerk of United States court, district attorney, or postmaster to the effect that the affiants are reputable and credible persons. the affidavits are taken before an officer without an official seal, his official character must be certified by the proper officer of a court of record under the seal thereof.** If *§§ 9.1 to 9.6, inclusive, issued under the authority contained in secs. 1, 2, 33 Stat. 743; 45 U.S.C. 44, 45. In §§ 9.1 to 9.6, inclusive, the numbers to the right of the decimal point correspond with the respective section numbers in Awards of medals of honor, President of the United States, June 21, 1926. 9.2 Evidence to be in detail. The opinion of witnesses that the person for whom an award is sought acted with extreme daring and endangered his life is not sufficient, but the affidavits or testimony should set forth the facts in detail, and show clearly in what manner and to what extent life was endangered and extreme daring exhibited. The railroad upon which the incident occurred, the date, time of day, condition of the weather, the names of all persons present when practicable, and other pertinent circumstances should be stated.*t 9.3 Investigation by Commission. The Interstate Commerce Commission may, upon its own motion, initiate proceedings for award of medals under this Act and cause investigations to be made. When the Commission acts upon its own motion, testimony of witnesses, under oath, shall be taken before an officer or employee of the Commission designated by the Commission for that purpose, and such testimony shall become a part of the record in the case.*† 9.4 Review of evidence; recommendations. Applications for medals, together with all affidavits, testimony, and other evidence received in connection therewith, or the records developed in connection with investigations instituted by the Commission, shall be referred to a committee of three persons, consisting of the Secretary of the Commission, the Director and an Assistant Director of the Bureau of Safety of the Commission. This committee shall carefully consider each application or record, and after thoroughly Page 56 **For statutory and source citations, see note to § 9.1. weighing the evidence shall prepare an abstract or brief covering the case, and file the same, together with its recommendation, with the Commission for consideration. After consideration the Commission shall transmit its recommendation, together with a statement of the facts covering the case, to the President for his consideration. The Commission or the Committee with the approval of the Commission, may direct any inspector in the employ of the Commission to proceed to the locality where the act in question was performed and make a personal investigation, and report upon the facts of the case, which report shall be filed and made a part of the evidence. to be considered. Where the Commission recommends that awards be made posthumously, its recommendation shall designate the relative or party to whom the medal should be presented.** 9.5 Recommendations effective as President directs. Upon approval of the recommendation in any case by the President, the Commission shall take such measures to carry the recommendation into effect as the President may direct.** 9.6 Designs approved by President. The Commission shall cause designs to be prepared for the medal, rosette, and ribbon provided for by the Act, which designs shall be submitted to the President for his approval.** Sec. PARTS 10-23: ACCOUNTS PART 10-STEAM ROADS: UNIFORM SYSTEM OF ACCOUNTS Sec. SUBPART A-Classification of 10.01-13 Interpretation of item lists. investment in road and 10.01-14 Submission of questions. *For statutory and source citations, see note to § 9.1. Page 57 [57] |