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Par. 123. Inventories of unserviceable property will be prepared and the articles arranged for inspection. Every article will be inspected, and the official responsible will accompany the inspector and be prepared to give all necessary information in regard to it.
Par. 124. Condemned property will be destroyed in the presence of the inspector, and it will be his duty to see that the destruction is so complete that the property may not be again presented for condemnation. Such articles will, upon certificates from the inspector, be dropped from the returns, copy of certificate to be attached. Par. 125. When the property is thought by the inspector to be still serviceable no action will be taken.
Par. 126. When in the opinion of the inspector the property is no longer of service to the government, but has marketable value, he will prepare triplicate lists of same, referring to the returns upon which the property is carried. One of these lists will be given to the responsible officer, one retained by the inspector, and the other forwarded to the secretary of public works with the recommendation that the articles enumerated be sold at public auction. The secretary of public works will, if he approves the action of the inspector, order the sale, which will be made after public advertisement.
Par. 127. Public property will not be reported as unserviceable nor condemned by an inspector merely because worn or shabby in appearance when really strong and serviceable.
Par. 128. The employees of the department will be divided into two classes, "permanent" and "temporary." The number, grade, and pay of permanent employees shall be fixed from time to time by the governor of the island. Temporary employees may be engaged from time to time, as the exigencies of the work may demand, under specific authority from the secretary of public works and as prescribed in these regulations.
Par. 129. Employees will be nominated in every case by the official in immediate charge of the office or work in which they are to be employed, and will be retained in office only so long as the exigencies of the work may demand and their services are efficient, honest, and faithful. They will not be dismissed on account of political or religious opinions.
Par. 130. Employees will be required to devote their entire time to the work in which they are employed. While permitted to exercise the rights and duties of a citizen, they are forbidden to take an active part in politics. Their service is for the state and not for any party.
Par. 131. Officials having authority to employ have also authority to dismiss or reduce in grade, subject to these regulations.
Par. 132. All expenditures for pay of employees must be confined within the allotments and rates authorized by proper authority.
Par. 133. Employees will be engaged by the month, day, or piece, as best suits the needs of the service. They will be designated upon the rolls in the capacity in which employed and at the rates established. Salaried employees will, in general, be paid monthly. Laborers will be paid monthly, semimonthly, or at the completion of the work for which engaged if this be for a shorter period than one-half a month. When employees are discharged and not paid, certificates may be given them, as provided in paragraph 94. These certificates are not transferable.
Par. 134. Eight hours constitute a day's work for all mechanics and laborers employed by or on behalf of the department of public works, except in cases of emergency. This rule does not extend to engineers, firemen, seamen, watchmen, messengers, teamsters, and others the nature of whose employment is peculiar and whose services may be required at any, or occasionally at all, hours of the day.
Par. 135. To entitle an official to refundment of the cost of transportation and allowances in connection therewith, at the expense of the state, the journey must be specifically authorized by a proper superior previous to its commencement. Such authority will state the special duty enjoined, recite that the travel is necessary for the public service, and direct the official to return to his proper station on completion of the assigned duty, if such return is contemplated. The original order (written authority) and indorsements thereon, or true copy of the same, will be filed with the vouchers before payment will be made.
2. Whenever practicable to do so, "transportation requests" will be issued to cover
travel by rail and water, and when so issued allowance for transportation will not be refunded.
When transportation requests are issued to cover travel the fact shall be noted on the order or other written authority for the journey by the official issuing the request. 3. Transportation by water usually includes subsistence; the cost of the ticket only will be refunded or paid in such cases.
4. First class.-Civil officials (also military when on civil duties) whose annual salary is $1,200 or more will be reimbursed for first-class transportation and other traveling expenses as follows, viz:
a. Charge for cab to and from stations, but not to exceed 50 cents each way. b. Charge for transfer of baggage to and from stations, not to exceed 50 cents each way.
c. Actual cost of transportation of baggage, where the same is not allowed free on the ticket, not to exceed 100 pounds in weight.
d. Actual expenses for subsistence, not to exceed in any case $4.50 per diem, while traveling, and for the time absolutely necessary for a prompt transaction of the business directed to be performed.
5. Second class.-Civil officers whose salary is $800 and less than $1,200 shall be reimbursed for expenses, when traveling under orders, as for first class, except for transportation, which shall be at second-class rates, and for subsistence, which is limited to $3 per day.
6. Third class.-All other persons traveling under orders at the expense of the state shall be reimbursed for travel expenses as for first class, except for transportation, which shall be at third-class rates, and for expense of subsistence, which is limited to $1.50 per day.
7. Travel fare and allowances at the rate specified in the preceding sections 4, 5, and 6, due to employees of the department of public works who may be ordered on duty in connection with any specially authorized public work, will be paid from the special appropriation for such work and by the disbursing officer thereof.
8. Vouchers for travel expenses will be made on forms furnished by the department. 9. Books of "transportation requests" will be issued to officials authorized to order journeys on application to the secretary of public works.
PURCHASE OF SUPPLIES AND ENGAGEMENT OF SERVICES GENERAL PROVISIONS.
Par. 136. No contract or purchase on behalf of the department of public works shall be made unless the same is duly authorized by the secretary of public works. No official shall accept voluntary services for the government or employ personal services in excess of that authorized by the secretary of public works, except in cases of emergency involving loss of life or destruction of property.
Par. 137. Supplies and services not personal, required in the department, will be procured where they can be had the cheapest, quality and cost and transportation in the case of supplies being considered, as follows:
First. After public notice inviting proposals for thirty days or more, or for ten days or more but less than thirty, or for less than ten days, according to the needs of the service.
Second. Without public notice.
Par. 138. Personal services are such as the individual employed or contracted with must perform in person directly under the control and supervision of an official or agent of the government, as distinguished from services the performance of which may be delegated by the contractor to others. Bills rendered for such services must contain no charge for material.
The official charged with the duty of making contracts or purchases is responsible for his action.
Par. 139. When it is intended to have any work performed, service procured, or purchase made, by contract, che advertisement, however made, and the specifications must be previously submitted to the secretary of public works, for his approval.
ADVERTISING FOR PROPOSALS.
Par. 140. In cases of large purchases a period of thirty days or more should intervene between the first publication and the opening of the proposals. In small purchases from ten to thirty days should intervene, and when the public exigency constitutes an emergency and does not permit ten days to intervene. the period should be for as many days as the circumstances will permit. Advertising for proposals by newspapers, in accordance with paragraph 180, will be adopted when time permits,
and the quantity or value of the purchase or character of the services, in the opinion of the purchasing official, will justify the expense. When notice of less than thirty days is given, advertising by circulars sent to principal dealers in the localities where the supplies or services are desired, and posted in public places, is permissible. The purchasing official may advertise by newspapers and circulars at the same time.
Par. 141. When advertisements or specifications thereunder do not announce fixed standards for articles required they should be so worded as to permit bids to be considered item by item, and the awards to be made for the most suitable articles of each kind offered.
Par. 142. Whenever it is intended to require that guaranties shall accompany proposals that fact, with the amount in which the guarantors are to justify, must be stated in the specifications. Certified checks to a named amount may be required as a guaranty.
Par. 143. A copy of each advertisement and specification will be promptly forwarded by the official issuing it direct to the secretary of public works, together with all information required for a complete understanding of the necessity for the proposed contract or purchase. If issued for a period of less than ten days, the reason why a longer period is not allowed will be stated.
Par. 144. Information in regard to supplies or services for which proposals have been invited will be furnished on application to all persons desiring it, but no person belonging to or employed in the department of public works will render assistance in the preparation of proposals.
Par. 145. Bidders for supplies will be informed of the kind, quality, and quantity of artices required, the place, time, and rate of delivery, and conditions of payment. They will be furnished with such specifications as have been adopted, and will be permitted to examine the standard samples, if there are any, at the places where deposited.
Par. 146. No persons will be informed directly or indirectly of the name of anyone intending to bid, or not to bid, or to whom information in respect to proposals has been given.
Par. 147. Proposals should be prepared in duplicate, or in triplicate if required, in strict accordance with the requirements of the advertisement and specifications. They should make specific reference to the advertisement and to any plans or specifications which may have been furnished. Each proposal should give the place of residence and post-office address of the bidder, and should be signed by the bidder with his usual signature in full.
Par. 148. A proposal by a person who affixes to his signature the word "president," "secretary,' "agent," or other designation, without disclosing his principal, is a proposal of the individual. That of a corporation should be signed with the name of the corporation, followed by the signature of the president, secretary, or other person authorized to bind it in the matter. That of a firm should be signed with the firm name, by one of the members of the firm. If the signature is that of an attorney or agent of a corporation, or an attorney or agent of a firm or individual, and his authority to act on behalf of his principal is not a matter of general notoriety in the locality where the proposals are opened, the officer who opens proposals should, before considering the proposal, satisfy himself that the signer is vested with sufficient authority to represent his principal in the transaction.
Par. 149. In proposals, numbers and prices will be written in words, as well as expressed in figures; but when a variety of articles, such as stationery, hardware, etc., is required, quantities and prices may, if the amounts involved are inconsiderable and the forms of proposals so indicate, be expressed in figures only.
Par. 150. Erasures or interlineations should be explained by the bidder, in the proposal, over his signature.
Par. 151. Guaranties signed by two responsible parties, or a deposit of a certified check, will be required to accompany proposals whenever, in the opinion of the official authorized to make the contract, they are necessary to protect the public interests. Par. 152. The guaranty will be in duplicate, or in triplicate if required, and will be made out and executed with the necessary justifications, in accordance with blank forms furnished by the department.
Par. 153. Proposals with their guaranties will be securely sealed in suitable envelopes, indorsed and directed as required by the advertisement, and must be in the possession of the officer addressed before the hour appointed for the opening. No responsibility will attach to an officer for the premature opening of any proposal not so indorsed as to clearly show its character.
Par. 154. When an advertisement calls for proposals to furnish labor or supplies at more than one place, a separate proposal will be made for performance at each place, but all may be submitted in the same envelope.
Par. 155. Proposals received prior to the time of opening will be securely kept. No proposals will be received after the time fixed for opening.
Par. 156. Before the time for opening, any bidder may, without prejudice, withdraw from competition by giving written notice of his decision to the officials holding his bid, and when his bid is reached at the opening it will be returned to him or his authorized agent unread.
Par. 157. Proposals will be opened and will be read aloud at the time and place appointed, bidders having the right to be present; and each proposal will then and there be numbered and entered on the abstract, the articles being entered in the order in which they are to appear on the returns. A copy of the advertisement under which the proposals are received, with a copy of the specifications, if any, will be attached to the upper left-hand corner of the abstract.
Par. 158. Except in rare cases, when the department elects to exercise the right to reject proposals, the awards will be made to the lowest responsible bona fide bidder, whose proposal for furnishing the proper article is not unreasonable.
Par. 159. Slight failures on the part of the bidder to comply strictly with the terms of an advertisement should not necessarily lead to the rejection of his bid, but the interest of the government will be fully considered in making the awards. Par. 160. When no guaranty is required bidders must, if called upon by the awarding official, furnish satisfactory evidence before the award is made of their ability to carry their proposals into affect.
Par. 161. The abstracts of the bids will be forwarded to the office of the secretary of public works, together with one copy of each bid received. The officials asking for the proposals will send with the abstract written recommendation for action in regard to accepting or rejecting the bids received, and no such bid will be accepted or rejected by the official in charge of the work in advance of the approval by the secretary of public works.
Par. 162. When abstracts of bids are forwarded to the office of the secretary of public works note will be made thereon of the balance of the appropriations for the work available for payments under the contract about to be entered into, and to obtain this balance all outstanding liabilities and amounts covered by existing contracts should be deducted from the unexpended appropriations for the work in so far as their expenditure has been authorized by approved projects. The abstracts will also show the totals of the respective bids.
METHODS OF PURCHASE.
Par. 163. A purchase of supplies or engagement of services will be made:
1. By contract reduced to writing and signed by the contracting parties, with their names at the end thereot. Agreements of this character only are termed “contracts” in the regulations.
2. By written proposal and written acceptance.
3. By oral agreement.
Par. 164. When delivery or performance does not immediately follow an award or bargain the first method will be used. When delivery or performance immediately follows an award or bargain the second method may be resorted to.
Par. 165. All contracts and papers connected with the same, made by officials of the department in charge of works, will be made in accordance with the printed forms prescribed by the secretary of public works; and these forms, and other printed forms allowed, will be furnished from the office of the secretary when required.
Par. 166. A contract of a corporation should have the name of the corporation written in the body of the instrument as one of the parties thereto, and should be signed by the officer or person who has been authorized to contract in its behalf, who should sign the corporate name and his own, and affix the corporate seal, if there be The contracting official will in all cases satisfy himself that the signer has authority to bind the corporation, and will either require from him satisfactory evidence thereof and file the same with the contract, or will certify on the contract that he has satisfied himself of the signer's authority and has waived this requirement. Par. 167. All contracts will be executed in quintuplicate.
Par. 168. Extensions of contracts are not in any case to be made until the approval of the secretary of public works has been obtained.
Par. 169. Bonds for the faithful performance of contracts for supplies or services will be required, when the consideration is $3,000 or more, whatever may be the length of time required for the full performance of the contract. Bonds may be exacted, or, at the discretion of the official concerned, waived in the following cases: 1. When the consideration is less than $3,000 and the contract is to be fully performed within thirty days from its date.
2. When the consideration is not more than $250, whatever may be the length of time required for full performance.
Par. 170. The amount of penalty in a contractor's bond will be fixed by the contracting official, and will not be less than one-tenth nor more than the full amount of the consideration of the contract. Nothing in this paragraph is to be construed as authorizing the waiving of bonds required under paragraph 169.
Par. 171. When bonds for the faithful performance of contracts are exacted, they will be made and executed with the necessary justification and certification of sufficiency of sureties, in accordance with the instructions printed on the blank forms of contractor's bonds furnished by the department. Such bonds must be executed by the contractor as principal, and by a surety company, or by at least two sufficient and responsible persons, who must be citizens of the island of Cuba, as sureties. Each must affix to his signature a seal, and each signature must be attested by at least one witness. When practicable, there will be a separate witness to each signa
Par. 172. A company duly incorporated under the laws of the United States or the island of Cuba, and legally authorized to guarantee bonds, may be accepted as surety. A firm, as such, will not be accepted as surety, nor a partner, nor a copartner for the firm of which he is a member. Stockholders, who are not officers of a corporation, may be accepted as sureties for such corporations.
Par. 173. A guarantor, or the guarantors, to a bidder's guaranty may be accepted as surety, or sureties, to the bond of the same person as contractor, provided such guarantor or guarantors are able to justify as required for the bond.
Par. 174. The sureties, if noncorporate guarantors, must jointly justify in double the amount of the penalty. The affidavit must be taken before a person authorized by the laws of the island of Cuba.
Par. 175. Contractor's bonds will be executed in duplicate, one to accompany the copy of the contract which is sent to the auditor for the island, and the other retained by the official who makes the contract.
Par. 176. When a contract is entered into for the construction of any public building, or the prosecution and completion of any public work, or for repairs on any public building or public work, the contractor will be required, before entering upon performance of the same, to include in the bond given for the faithful performance of the contract the further obligation that he will promptly make payments to all persons who supply him with labor and materials for the prosecution of the work provided for in such contract. A certified copy of this contract and bond will be furnished to any person who has supplied such labor or materials, upon his application to the department, accompanied by an affidavit that the labor or materials have been supplied by him and have not been paid for by the contractor.
Par. 177. Supplies may be procured and services engaged by oral agreement, in the manner common among business men, in the following cases:
1. When the public exigencies require immediate delivery of supplies or performance of services, and there is no time to advertise by newspapers or circulars.
2. When prices of articles are fixed and uniform, and no competition can be had.
3. When proposals have been invited and none have been received.
4. When proposals are above the market price or otherwise unreasonable.
5. When the aggregate amount of a purchase, including all items that can reasonably be consolidated, does not exceed $200, if the interests of the government will be promoted by dispensing with public notice or advertisement.
Par. 178. Before making a purchase by oral agreement the official will inform himself concerning prevailing prices by inquiry among principal dealers in his locality. Par. 179. When it is not practicable or advisable to make contracts for public works that have been authorized, immediate report of this fact will be made to the governor through the secretary of public works, and authority obtained to proceed without (as in cases where no bids have been received after due advertisement, or in the matter of building or repairing public roads, when it is desirable that the work be performed by the residents living along the highway, etc.).