ALBERT C. RITCHIE, GOVERNOR. 1295

posals shall be publicly opened at the time specified in said
advertisement, and the contract for such work or for the sup-
plies and materials required for such construction or work or
for the supplies and materials required for such construction
or improvement shall be awarded by the commission to the
lowest responsible bidder, unless in the opinion of said com-
mission, the interests of the State shall be better served by
awarding the contract to some other bidder when this may
be done; but said commission shall not be required so to
advertise for proposals or to award any contract for any work
or for any materials or supplies for any amount less than
five hundred dollars ($500) in the aggregate, or where the
interests of the State shall be better served by purchasing¹
cement without advertising for bids. The construction
and improvement of all State highways or parts thereof
shall be under the supervision and subject to the approval of
the said commission, in accordance with plans and specifica-
tions prepared by the chief engineer and approved by said
commission. In all cases where the contract for work and
materials shall be given out after competitive bidding, the suc-
cessful bidder shall promptly execute a formal contract to be
approved as to its form, terms and conditions by said com-
mission, and shall also execute and deliver to said commission
a good and sufficient bond to be approved by said commission
to the State of Maryland in. not less than the amount of the
contract price. In no case shall any such bond be approved
or accepted unless the obligators bind themselves therein to
the payment of all just debts for labor and materials incurred
by the bidder in the construction and improvement of the road
contracted for. To all such bids there shall be attached the
certified check of the bidder, and the bidder who has the
contract awarded to him and who fails to promptly and prop-
erly execute the contract and bond shall forfeit the said con-
tract. The said check shall be taken and considered as liqui-
dated damages, and not a penalty, for failure of said bidder
to execute said contract and bond. Upon the execution of
said contract and bond by a successful bidder his check shall
be returned to him. The amount of said check shall be five
hundred dollars. The checks of the unsuccessful bidders shall
be returned to them after opening the bids and awarding the
contract to the successful bidder; provided, however, that said
commission, with the consent of a majority of all its members,
may itself do any part or parts of any such work under such