place for inspection,
and the articles to be furnished will be in conformity therewith. If
they are not in such conformity, they will be liable to the proceeding
subsequently described herein.
21. The agent or sub-agent, and military officers attending the payment,
will particularly examine all the articles, and will take care that they
are of the proper quality, so that full justice shall be done to the
Indians. In case the goods are not upon the spot, it shall be referred
to them whether they will receive the money, or wait till the goods can
be procured, either at that or the succeeding season. If they choose to
receive the money, it shall be immediately procured, and paid to them on
the principle before described. If they prefer the goods, such goods
shall be procured by a new contract, the same season if practicable; but
if there is not time then, it shall be done at the next season. But if
the goods are ready for delivery, and are found defective in quality,
then the Indians shall also be called upon to decide whether they will
receive such articles as are found defective, or whether they wish the
payment to be made as is provided in this article. If they prefer the
latter, the proceedings above described will take place; but if they
agree to accept the defective articles at such a price as the agent or
sub-agent and military officer may fix, then such persons will
ascertain the difference in value between the articles so delivered, and
those required to be delivered, and shall deduct double the amount
thereof from the sum to be paid to the contractor, and pay the same to
the Indians. But if the agent or sub-agent and military officer are
satisfied that the quality of the articles is such that it would not be
proper for the Indians, under any circumstances, to receive them, then
they will explain the matter without referring the question to the
Indians, and will proceed in other respects as before described.
22. Forms of notices for proposals for goods, and for contracts for the
same, will be prepared and transmitted by the Commissioner of Indian
Affairs. Every contractor will be required to give bond in twice the
amount to be furnished, with at least three sufficient securities, whose
solvency and respectability shall be known to the officer making the
contract, or to respectable persons known to him.
23. Goods for the Indians will be delivered in the same manner as is
provided in the delivery of specie. The
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