29/11/1924: County Boards Of Health (Tenders and Contracts) Order 1924.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

COUNTY BOARDS OF HEALTH (TENDERS AND CONTRACTS)ORDER 1924.

To each County Board of Health; and to all whom it may concern:

WHEREAS by the County Boards of Health (General Regulations) Order, 1924 (hereinafter referred to as the Order of 1924), the Minister for Local Government and Public Health did, amongst other things, regulate the making and entering into of contracts by County Boards of Health:

AND WHEREAS it is provided by Article 15 of the Order of 1924 that the tenders for the supply of the goods or material therein mentioned shall be in such form as shall he prescribed by the Minister for Local Government and Public Health and it is further provided by Article 19 of the Order of 1924 that the contracts mentioned in the said Order shall be in such form as the said Minister may, from time to time, prescribe or approve, if any form shall have been prescribed or approved for that purpose by the said Minister:

NOW THEREFORE I, the Minister for Local 'Government and Public Health, in exercise of all powers in this behalf enabling me do by this my Order, order and prescribe as follows:—

1. This Order may be cited as the County Boards of Health (Tenders and Contracts) Order, 1924.

2. The County Boards of Health (No. 1) Order, 1923, shall, without prejudice to the validity of anything done thereunder be revoked in so far as its provisions are inconsistent with or are replaced by this Order.

3. The tenders mentioned in Article 15 of the Order of 1924 shall be in the form set out in the First Schedule to this Order.

4. All contracts in writing for the supply of the goods or materials mentioned in Article 15 of the Order of 1924 shall:—

(a) if the goods or materials are to be delivered all at one time and to be paid for in a single sum, be on the form set out in the Second Schedule to this Order.

(b) if the goods or materials are to be delivered from time to time in such quantities as may be required by the contracting County Board of Health, and paid for accordingly from time to time, be in the form set out in the Third Schedule to this Order.

5. It is hereby ordered and directed that the person or persons so contracting as aforesaid with a County Board of Health shall, in all cases, be required to enter into a bond with two solvent sureties approved of by the County Board of Health, according to the form of bond annexed to each form of contract set out in the Second and Third Schedules hereto, in such penal sum as the County Board of Health shall think fit, conditioned for the due and faithful performance or the contract.

Given under my Seal of Office, this Twenty-ninth day of

November, in the Year of Our Lord, One Thousand

Nine Hundred and Twenty-four.

(Signed), SEAMUS DE BURCA,

Minister for Local Government

and Public Health.

FIRST SCHEDULE.

GENERAL FORM OF TENDER.

To the....................................................County Board of Health.

I ................................................. of .................................................hereby propose to supply you, at the price herein stated, with the articles in the subjoined list opposite to which such price has been inserted.

And I will deliver at the ....................................... the quantities specified, at such time or times as you may direct, from ..................day of ............... 19......... to .....................

day of ................................. 19......

And I undertake and guarantee that the articles shall be in every respect according to your advertisement.

And I hereby agree in case you accept this tender, to enter into a contract with you for such supply in the form prescribed or approved by the Minister for Local Government and Public Health applicable thereto, and also to enter into a bond by myself and the sureties whose names are signed hereunder in such sum as you may think fit, conditioned for the due performance of the contract.

Dated this.....................day of.........................................19..........

Should you accept the foregoing proposal, We hereby engage and agree to become bound with the above-named ................................................. in the above-mentioned sum for the due performance of the several matters and things contained in this tender.

Dated this.......................day of.................................................

To the..............................................

County Board of Health.

SECOND SCHEDULE.

CONTRACT FOR SUPPLIES.

MEMORANDUM OF AGREEMENT, made the........................day of .................................... One Thousand Nine Hundred and.................. BETWEEN........................................of the one party and the .........................................County Board of Health, of the other part.

It is hereby agreed by and between the said parties hereto and the said..................................... do............................................., in consideration of the payments to be made to........................... as hereinafter mentioned, hereby contract with the said County Board of Health, that........................ the said ............................ shall and will, on or before the ...............................day of.................................. serve, supply, and deliver, or cause to be delivered, free of all expense, at ............................... in the County of ............................................ the following goods, at and after the rates or prices following, that is to say:— ...........................................

AND THEY, the said .......................County Board of Health, do hereby agree that in case the said .......................................................... shall well and truly serve, supply, and deliver the said Articles, upon the terms, in the manner, and at the time aforesaid, according to this Agreement, they the said ........................................... County Board of Health, shall and will well and truly pay or cause to be paid to the said.......................................the rates and prices aforesaid, for the Articles so served, supplied and delivered, and of which an invoice showing prices shall be sent with such Articles at the time of the delivery thereof, within................................days after such delivery. —Provided always, and it is hereby expressly agreed, and particularly by and on the part of the said .......................... that in case such Articles shall not be duly served, supplied, and delivered by........................................or when delivered shall not in every respect be of the quality and sort contracted for, and in exact conformity with the patterns or samples exhibited by the said County Board of Health, or shall be deficient in the weight, size, measure, or quantity stated and charged for in such invoice with such Articles, or if the same shall be delivered without such invoice, they' the said County Board of Health or their Secretary, or other officer authorised by them, shall he at liberty to return the same at the expense of the said Contractor, or give notice for the same to be sent for and fetched away by .................................. AND that in every such case it shall be lawful for the said County Board of Health or their Secretary, or other Officer authorized by them, to purchase a fresh supply of such Articles, or employ any other person or persons to furnish a fresh supply of such Articles in the place of the said .................................... AND that in such case the said ............................................... Executors and Administrators, shall bear and make good all charges, and expenses of such Articles so to be provided, over and above the price at which the same are hereinbefore contracted to be served, supplied, and delivered by the said ....................................... And also, that it shall be lawful for the said..........................................County Board of Health to retain and apply any sum of money which may be due to the said .................................... under and by virtue of this Agreement, at the time of any failure in the performance hereof, to the payment of such charges and expenses as the said County Board of Health may incur, or be put to by reason thereof. And that, notwithstanding the Agreement hereinbefore contained for making good the Articles which shall not be served, supplied, and delivered according to the terms and in the manner hereinbefore agreed on and in pursuance of this Contract, it shall be lawful for the said .......................................... County Board of Health to put in suit the Bond to be given for the performance of this Contract, of even date herewith, against the said.......... and ..............................and ........................................... Sureties, their and each of their Executors or Administrators. Provided also, and it is hereby agreed, that if the said County Board of Health, with the consent or by direction of the Minister for Local Government and Public Health, shall at any time during the term of the said Contract, be desirous to put an end to the same, and shall give .......................days notice thereof in writing to the said.....................................or leave such notice at................................. usual place of abode, or of carrying on business, or if in consequence of any rule, order, or regulation of the said Minister which may come into effect during the period of such Contract and may affect the performance of the same, the said............................................................ .... County Board of Health shall be desirous to put an end to the same, and shall give .................days notice thereof, in writing, to the said County Board of Health or their Secretary, then this present Contract or Agreement shall thereupon in all respects cease and determine anything herein contained to the contrary thereof in any wise notwithstanding.

As Witness the Seal of the said County Board of Health, and the hand....................................of the said.................................. the day and year first hereinbefore written.

(Bond.)

Know all Men by these Presents, that We, are jointly and severally held and firmly bound to the ................................................. County Board of Health in the sum of ......................................... sterling, to be paid to the said County Board of Health or their certain Attorney, Successors, or Assigns, for which payment to be well and faithfully made, we bind ourselves jointly, and each of us bindeth himself severally, our and each of our Heirs, Executors and Administrators, and every of them, firmly by these Presents. Sealed with our Seals. Dated this . day of .................. in the year of Our Lord One Thousand Nine Hundred and.............................................

WHEREAS, by a certain Contract or Agreement bearing even date with this Obligation, and contained on the two first sides of this sheet, and made between the above-bounden ............................................. of the one part, and the above-named ............................. County Board of Health of the other part, the said .........................has contracted with the said County Board of Health to serve, supply and deliver free of all expense at ............................... in the County of....................... on or before the........................day of................................... (such Contract nevertheless to be determinable as in the said Contract or Agreement is mentioned), the several Articles therein specified, of such quality, at such time, and after the rate and price, and subject to the terms, provisions, and stipulations, as in the said Contract or Agreement are particularly mentioned and set forth and as on reference thereto will more fully appear.

Now the condition of this Obligation is such, that if the above bounden .................................... Executors or ' Administrators, do and shall well and truly perform, fulfil, and keep all and every the covenants, clauses, provisoes, terms, and stipulations in the said recited Contract or Agreement, mentioned or contained, and on .................................... and their part to be observed, performed, fulfilled, and kept according to the true purport, intent, and meaning thereof, then this Bond or Obligation shall be void, or else shall be and remain in full force and virtue.

THIRD SCHEDULE.

Contract for Supplies to be delivered from the ........................................ day of............................ to the ......................... day of .................................................

MEMORANDUM OF AGREEMENT, made the day .................. of...................... One Thousand Nine Hundred and ............................ Between ......................of the one part, and the .................................... County Board of Health of the other part.

It is hereby agreed by and between the said parties hereto; and the said .................... do ..................... in consideration of the payments to be made to ........................ as hereinafter mentioned, hereby contract with the ....................... County Board of Health, that.. the said ................................... shall and will, from the ....................... day of ......................... until the ............................... day of ..................... next, inclusive, serve, supply, and deliver, or cause to be delivered, free of all expense, at ...................................in the County of ............................... at such times, and in such manner as the said County Board of Health or their Secretary, or other officer of the said County Board of Health duly authorised by them, shall from time to time direct, such quantities of ....................................... as shall from time to time be required by the said County Board of Health at and after the rates or prices following, that is to say,.......................................... And they, the said County Board of Health aforesaid, do hereby agree, that in case the said ............................ shall well and truly serve, supply and deliver the Articles aforesaid, upon the terms and in manner aforesaid, according to this agreement, they, the said County Board of Health, shall and will well and truly pay or cause to be paid to the said ............. within ............... days after each and every such delivery during said term, at the rates and prices aforesaid, for such quantity of the said Articles as shall have been ordered, served, supplied, and delivered, during said period of ................................. and of which an invoice showing prices and particulars shall have been sent at the time of the delivery of said Articles. Provided always, and it is hereby expressly agreed, and particularly by and on the part of the said............................... that in case such Articles shall not be duly served, supplied, and delivered by................................... when and as directed by the said County Board of Health or their Secretary or other officer duly authorised by them, or when delivered shall not in every respect be of the quality and sort contracted:or, or shall be deficient in the weight, size, measure, or quantity stated and charged for in such invoice, or if the same shall be delivered without such invoice, they, the said County Board of Health or their Secretary or other officer so authorised by them, shall be at liberty to return the same at the expense of the said Contractor, or give notice for the same to be sent for and fetched away by ............................ and that in every such case it shall be lawful for the said County Board of Health or their Secretary, or other officer so authorised by them as aforesaid, to purchase a fresh supply of such Articles, or of such other Articles in lieu thereof, as the said County Board of Health or their Secretary, or other officer so authorised as aforesaid, shall think fit, or to employ any other person or persons to furnish a fresh supply of such first-mentioned Articles or of such other Articles in lieu thereof, as aforesaid, in such a manner as may be required during the period of the said Contract, or any part of such period in the place of the said .............................................. And it is hereby further agreed that in case such first-mentioned Articles shall not be duly served, supplied, and delivered in such quantities as shall from time to time be required by the said County Board of Health, then in every such case, and as often as it shall so happen, it shall be lawful for the said County Board of Health to purchase from any other person or persons other than ............... such a supply of the said first-mentioned Articles as shall be necessary to complete the quantity required, or to purchase and provide such quantity or quantities of any other Article or Articles, directed by the said County Board of Health to be used instead of the said first-mentioned Articles, as shall be considered necessary by the said County Board of Health to supply such deficiency, and that in any and every of such cases the said ............................................... Executors and Administrators, shall bear and make good all charges and expenses of such articles so to be provided, over and above the price at which such first-mentioned Articles are hereinbefore contracted to be supplied and delivered by the said ..................................... And also that it shall be lawful fox the said County Board of Health to retain and apply any sum of money which may be due to the said.................................. under and by virtue of this Agreement, at the time of any failure in the performance hereof, to the payment of such charges and expenses as the said County Board of Health may incur, or be put to by reason thereof; and that, not-withstanding the Agreement hereinbefore contained for making good the articles which shall not be served, supplied, and delivered according to the terms hereinbefore agreed on and in pursuance of this Contract, it shall be lawful for the said County Board of Health to put in suit the bond to be given for the performance of the Contract, of even date herewith, against the said .......................................... and ........................................ sureties, their and each of their executors or administrators. Provided also, and it is hereby agreed, that if the said County Board of Health with the consent or by direction of the Minister for Local Government and Public Health, shall at any time during the term of the said Contract, be desirous to put an end to the same and shall give..................................days notice thereof in writing to the said.....................................or leave such notice at......................... usual place of abode, or of carrying on business, or if in consequence of any rule, order, or regulation of the said Minister, which may come into effect during the period of such Contract, and may affect the performance of the same, the said ........................... shall be desirous to put an end to the same, and shall give .......................... days notice thereof, in writing, to the said County Board of Health, then this present Contract or Agreement shall there-upon in all respects cease and determine, anything herein contained to the contrary thereof in anywise notwithstanding. As witness the Seal of the said County Board of Health, and the hand ........................ of the said................................ the day and near first hereinbefore written.

(Bond.)

Know all Men by these Presents, that We are jointly and severally held and firmly bound to the ....................................... County Board of Health in the sum of .............................. sterling, to be paid to the said County Board of Health, or their certain Attorney, Successors, or Assigns, for which payment to be well and faithfully made, we bind ourselves jointly, and each of us bindeth himself severally, our and each and every of our Heirs, Executors, and Administrators, and every of them, firmly by these Presents. Sealed with our Seals. Dated this day of.......................in the Year of Our Lord One Thousand Nine Hundred and..............................

WHEREAS by a certain Contract or Agreement, bearing even date with this Obligation and contained on the two first sides of this sheet, and made between the above-bounden ................ of the one part, and the above-named County Board of Health of the other part, the said................................... has contracted with the said County Board of Health to serve, supply and deliver, free of all expense, at................................ in the County of................................from the ..............................day of................................ to the........................day of................................................then next inclusive (determinable nevertheless as in the said Contract or Agreement is mentioned), such quantity of the several Articles therein specified as shall be required, of such quality, at such times, and after the rate and price, and subject to the terms, provisions, and stipulations, as in the said Contract or Agreement are particularly mentioned and set forth, and as on reference thereto will more fully appear.

Now the condition of this Obligation is such, that if the above-bounden ................................... Executors or Administrators, do and shall well and truly perform, fulfil, and keep all and every the covenants, clauses, provisoes, terms and stipulations, in the said recited Contract or Agreement mentioned or contained, and on ...................................and their part to be observed, performed, fulfilled, and kept according to the true purport, intent, and meaning thereof, then this Bond or Obligation shall be void, or else shall be and remain in full force and virtue.