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AN ACT to revise the law in relation to state contracts. [Approved March 31, 1874. In force July 1, 1874.]

1. COMMISSIONERS-MEETINGS —QUORUM, ETC.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the attorney-general, secretary of state, the state treasurer, and the auditor of public accounts, shall be and are hereby declared to be (ex-officio) commissioners of state contracts. The officers above designated shall organize as the board of commissioners of state contracts, on the first Monday of July, A. D. 1874, by the election of one of their number as chairman; and thereafter they shall hold stated quarterly meetings at such place and time as they shall determine. At any time the chairman, or any two of the commissioners, may call a special meeting of the board. Three of the commissioners shall constitute a quorum, and may do and perform all the acts and duties required to be done and performed by them by

this or any other act of the general assembly. The commissioners shall transact all business at stated or special meetings of the board, and shall cause to be kept a record of its proceedings.

2. WHAT SHALL BE LET BY CONTRACT.] § 2. The furnishing of all fuel, sta tionery and printing paper, for the use of the state, and the copying, printing, binding and distributing the laws and journals, reports, and all other printing and distributing ordered by the general assembly, shall be let by contract to the lowest responsible bidder, in the manner hereinafter provided. [See Const., art. 4, § 25.

3. ADVERTISING FOR BIDS.] § 3. Between the first Monday in July and the first Monday in August, A. D. 1874, and biennially thereafter in the month of July, the commissioners of state contracts shall advertise at Springfield, in one of the daily papers published in that city, for proposals to furnish fuel to the state; and shall advertise at Springfield, Chicago and New York, in some one of the daily newspapers published in each of said cities, for proposals to furnish printing and other paper and stationery to the state; and shall advertise at Springfield, Chicago, Peoria and Quincy, in some one of the daily newspapers published in each of said cities, for proposals to do the copying of the laws, journals, reports and other public documents of the state, and for the distribution of the same; for proposals to do the printing of the state, and for proposals to do the binding of the state. Each of said advertisements for proposals shall be published ten days from and including the date of its first publication, and shall give notice that sealed proposals, for furnishing the articles or performing the work required for the term of two years, from the first Monday of November then next ensuing, will be received at the office of the secretary of state, on or before the first Monday of September next after the date of said notice. The advertisement shall also set forth specifically what will be required of bidders under this act, and such other particulars as the commissioners shall deem proper. Any adver tisement may embrace propositions for bids for all or a part of the materials to be furnished and work to be done, but shall solicit separate bids for each class of articles to be furnished or work to be done, and each of such classes shall be let in a separate contract.

4. BOND OF BIDDER.] § 4. Each bid for each class shall be accompanied by a bond, in the sum of $5,000, as liquidated damages, payable to the People of the State of Illinois, conditioned that if such bid is accepted, the person making it will, within ten days after the award is made, enter into a contract as specified in the advertisement soliciting bids, and will execute a bond, conditioned for the faithful performance of such contract on his part, in such sum as the commissioners and governor shall determine. Each bidder shall file his bond and a copy of his bid with the governor when he files his bid with the secretary of state, and no bid shall be received until such bond shall have been deposited with the gover The governor shall retain said bond until the award has been made, and then shall file in the office of the secretary of state the bond of the successful bidder.

nor.

5. AWARDING CONTRACTS.] § 5. At the time designated in the advertisement for opening bids, the commissioners, at a meeting called for the purpose, shall, in the presence of the governor, open the bids and proceed publicly to award the contract for each class of work to be done and materials to be furnished to the lowest bidder therefor, taking bond from him in an amount to be fixed by the board and the governor, but not to exceed $10,000, conditioned for the faithful performance of the contract, but for good cause the board may adjourn said meeting to any time within ten days, at which adjourned meeting said board shall make the award, as herein specified: Provided, that nothing in this act shall be construed so as to prevent the same person from bidding for more than one class of the work to be done or articles to be furnished. And that when any person, bidding for more than one class as aforesaid, shall be the lowest bidder for each class so bid for, to him shall be awarded the contract for all the classes for which he has bid: And, provided, further, that said commissioners, with the consent of

the governor, may reject any or all bids, and that no contract shall be made without the written approval of the governor. If two or more persons bid the same price for either class of the work to be done or articles to be furnished, and said price is the lowest for that class, the commissioners shall award the contract to such one of said bidders as they shall decide by lot to award it to. In determining the lowest bid for printing, the commissioners shall call to their aid the printer expert herein provided for.

6. OTHER LETTINGS.] § 6. If, for any reason, any contract required to be let shall not be let at the time contemplated by this act, and whenever on account of any contract being canceled, or for other cause, any contract is required to be let at any other time, the commissioners shall fix the time when they will receive bids therefor, and shall solicit and receive such bids and make awards as nearly as may be in the same manner and upon the same terms as hereinbefore provided.

7. CANCELING CONTRACT.] § 7. If a contractor shall fail to fulfill his contract the commissioners may cancel the contract, and having done so shall notify him in writing, specifying their reasons for so doing.

8. NO CONTRACT LET TO STATE OFFICERS, ETC.] § 8. No contract shall be let to any person holding any state office in this state or a seat in the general assembly, or to any person employed in either of the executive offices of the state, or to the wife of a state officer, member of the general assembly, or employee as aforesaid, nor shall any state officer, member of the general assembly, or wife or employee as aforesaid, become, directly or indirectly, interested in any such contract, under penalty of forfeiting such contract at the option of the commissioners, and being fined not exceeding $1,000. [See Const., art. 4, § 15, p. 63.

9. PREVENTING COMPETITION.] § 9. Any person who shall offer or pay to any person any money or other valuable thing, to induce such person to not bid for a state contract, or as a recompense to him for not having bid for such contract, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by imprisonment in the penitentiary not longer than three years. Any person who shall accept any money or other valuable thing for not bidding for a state contract, or who shall withhold a bid in consideration of a promise of the payment of money or other valuable thing, shall be guilty of a misdemeanor, and, on conviction thereof, shall be imprisoned in the penitentiary not longer than three years. [See Crim. Code, ch. 38, § 46.

10. FAILURE TO PERFORM CONTRACT.] § 10. If any person making any bid under this act shall fail or refuse to enter into a contract pursuant to the terms of his bid within the time mentioned in his bond, and give bond as required, or if any contractor shall refuse or fail to fulfill his contract, it shall be the duty of the secretary of state, under the direction of the commissioners, to notify the attorney general, who shall at once bring suit on the bond of such bidder or contractor against him and his sureties, and prosecute the same to judg ment and final execution.

11. SETTLING ACCOUNTS OF CONTRACTOR.] § 11. Every bill for articles furnished, or work done by any contractor under this act, shall contain a detailed itemized account, in such form that the same may be readily compared with his contract, and shall also contain such other particulars as may be directed by the commissioners. Every bill shall first be presented to the secretary of state, who shall (except as provided in section 22 [23] of this act) carefully examine and compare the same with the vouchers and orders in his possession. If any error is found in any account, the secretary shall immediately correct the same and return the account to the contractor. When the account is found to be correct, or has been corrected and adjusted, the secretary shall certify the same, with the contract, vouchers and orders, to the commissioners, who shall carefully examine the same. When an account has been approved by the commissioners, the auditor of public accounts shall draw his warrant upon the treasury for the amount thereof, payable out of any money appropriated for that purpose; but payments

may be made on estimates of work done as the work progresses, upon the order of the commissioners of state contracts, approved by the governor.

PRINTING.

12. CLASSES OF PRINTING.] § 12. The printing of the state shall be and hereby is divided into six classes, to be let in separate contracts, as follows: First-The printing (in bill form) of bills, resolutions and other documents, shall constitute the first class.

Second-The printing (in book or pamphlet form) of reports, communications and other documents, and of the volumes of reports, shall constitute the second class.

Third-The printing of the journals of the senate and house of representatives shall constitute the third class.

Fourth-The printing of the volume of laws, with the joint resolutions, which shall be included in said volume, shall constitute the fourth class.

Fifth-The printing, stitching, ruling, lining, indexing and binding of election registers shall constitute the fifth class, each register to contain not more than forty pages flat cap.

Sixth-All printing not included in the first, second, third, fourth and fifth classes, shall constitute the sixth class.

13. WHERE DONE-DELIVERY-COST OF TRANSPORTING PAPER.] § 13. The public printing shall be done within the state, and the first, second and sixth classes shall be done at the state capital. All printing done under this act shall be delivered, at the expense of the contractor, to the order of the secretary of state, at the capital. The contractor for either class of the printing shall also pay the cost of transportation of paper to be used in such printing, from the office of the secretary of state to the place where the printing may be done.

14. FORM OF BIDS FOR PRINTING.] §14. Each bid for either class of the public printing shall state the price per one thousand ems of composition, and per one hundred impressions of press work, at which the bidder will do the print ing of the class covered by his bid. In stating the price of composition, the bidder shall state how much per thousand ems for plain composition, how much per thousand ems for figure work, and how much per thousand ems for rule and figure work.

15. LEGISLATIVE PRINTING.] § 15. All orders for printing, in addition to that authorized by this or some other act, shall be by joint resolution: Prorided, that either house may order to be printed any bills or reports of committees of such house without the concurrence of the other branch of the general assembly.

16. MAXIMUM.] § 16. The highest prices that may be paid for printing under this act, are as follows:

Sixty cents for each one thousand ems of plain composition.

Ninety cents for each one thousand ems of figure work.

One dollar and twenty cents for each one thousand ems of rule and figure work.

Twenty-five cents for each one hundred impressions of press work: Provided, that any number of impressions fewer than two hundred on any job shall be counted as two hundred.

Each election register, fifteen cents.

17. FIRST CLASS PRINTING.] § 17. The type used in doing work of the first class shall be small pica, composed in a measure six inches wide, and made up into pages ten and one-half inches long. Between the lines in work of this class, there shall be a space not exceeding the width of a pica reglet: Provided, that if any matter in this class ought to be set solid, the printer expert herein provided for shall have authority to so decide and direct. In computing compo sition in this class the type shall be measured as if it had been set solid, and necessary fractions of pages shall be counted as full pages, but no blank pages

shall be charged for. In estimating press work in this class, four pages shall be considered a form: Provided, that any number of pages fewer than four shall be considered a form when the copy of any job done in this class is not sufficient to make four pages, or shall make one or more full forms and a fractional part of another full form.

18. SECOND, THIRD AND FOURTH CLASS PRINTING.] § 18. The type used in doing work of the second and third and fourth classes, shall be long primer, set solid, and made up into medium octavo pages, twenty-six ems pica in width, and forty-five ems pica in length, without unnecessary leads, blanks or broken lines: Provided, that indexes, tables, resolutions, the yeas and nays, and quoted matter shall be printed in nonpareil solid: And, provided, further, that head lines, stating the subject of each section according to its number, set in nonpareil roman, leaded, in two columns, shall, in the volume of laws, precede each act. The title of each bill in the volumes of the laws shall be set in long primer italics. In the printed journals each division list of the yeas and nays shall be in one paragraph, with the names run in alphabetically, and the result given in the last line, and the report of each motion or resolution shall be embraced in one paragraph. In estimating composition in the second, third and fourth classes, a necessary fractional page shall be counted a full page, but no blank page shall be charged for. In estimating press work in the second and third classes, sixteen pages shall be considered a form: Provided, that if any document make less than sixteen pages, or if the last form of any document is not a full form of sixteen pages, the same shall be counted as a full form. It shall be the duty of the printer expert and the secretary of state to so direct the making up of forms in all classes of work as to avoid unnecessary charges for composition or press work.

19. SIXTH CLASS PRINTING.] § 19. Composition in the sixth class shall be estimated as follows:

All work in pica, or in which type larger than pica predominates, shall be counted as pica. When any job is set in type smaller than pica, the composition shall be estimated by measuring the job according to the size of the type actually used; and if two or more sizes of type, smaller than pica, are used in the same job, such job shall be estimated by measuring each kind of type so used.

All work such as letter heads, blanks and circulars, shall be measured by the surface actually covered, and not by the size of the sheet used: Provided, that no job shall be estimated at less than one thousand ems.

20. How WORK EXECUTED.] § 20. The contractors for the printing under this act shall promptly and without delay execute, in a workmanlike manner, all orders for printing issued to them under the provisions of this act.

21. PRINTER EXPERT.] § 21. The governor shall appoint a practical printer, who has had experience in estimating book and job work, and who has worked at his trade at least six years, to prepare the specifications upon which bids for the public printing shall be made, to read proof, to measure the work, to estimate the amount of paper required for each job, and to examine the accounts according to the provisions of this act. Such practical printer shall be under the supervision of the secretary of state, in his office; but in measuring and estimating the price of work and examining accounts, the printer expert shall not be subject to the orders of the secretary. Any conflict of opinion between the secretary and the printer expert, above provided for, on the construction of this act, or in reference to other matters relating to the contracts for printing, shall be referred to the commissioners of state contracts, and be decided by them. The said printer expert, before entering upon the discharge of his duties, shall take and subscribe to an oath that he will faithfully and honestly perform the duties imposed upon him, which oath shall be filed in the office of the secretary of state. He shall receive for his services $6 per day for each day of actual service, to be certified by the commissioners of state contracts, and paid out of any money not otherwise appropriated, and shall be subject to removal at the pleasure of the governor: Provided, that the commissioners shall not be bound by the action, opinion or measurement of said printer expert, but may inquire of and take the evidence of other experts

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