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~_~ DECISION DOCUMENT Colorado West Leasing Claim Against the State of Colorado, Division of Minerals and Geology Purchase Order #C-70964 This decision document is written to comply with Colorado Procurement Rules, 24- 109-106, Resolution of Contract and Breach of Contract Controversies. The controversy surrounds Purchase Order #C-70964. A claim was filed by Colorado West Leasing against the Colorado Division of Minerals and Geology for the GEC Project, RN-Mines-322. Sandra Brown was designated by Michael Long, Division Director, to make the decision on the claim. Her experience includes twelve years as a reclamation specialist for the Division of Minerals and Geology. For six of those years she has been the Conference Officer for the Coal Program, arbitrating for the Coal industry and representatives of the DMG on disputed Notices of Violation. Mr. Preston Mease, representing Colorado West Leasing (CWL) filed the claim on November 4, 1994. It was received by the DMG on November 14, 1994. In a meeting on November 30, 1994 he provided additional information to Sandra Brown. John Nelsoa, Jim McArdle and Maggie Van Cleef representing the Colorado Inactive Mine Program (IMP) submitted a response to CWL's claim on November 30, 1994. I met with them on December 5, 1994 to further clarify their responses. The information I used in preparing this decision document were the claim, filed by CWI, the references Mr. Mease made to his field notebook and the photos be showed me in our meeting. Subsequent to the meeting he faxed a subcontractor's bill to me. IMP provided me with a copy of the Invitation and Bid for the GEC/East Pit Coal Reclamation (BID NO. RN-MINES-322) including the Special Conditions and Amendment 1, CWL's bid, past correspondence related to the bid, and the IMP November 30, 1994 response to CWL's claim including, copies of field directives, change orders, invoices and rental equipment records. Additionally, I consulted with the Division of Purchasing and the Attorney General's office. FACTS The GEC/East Pit Reclamation Project was an unreclaimed coal mine in Fremont County. Construction work began in February, 1994 and was completed July 12, 1994. The work included backfdling, grading, drainage ditch construction, permanent channel reconstruction, topsoiling, and revegetation. Funding for the project was from a forfeited reclamation bond posted under the Colorado Surface Coal Mining and Reclamation Act for a surface coal mining permit. IMP managed the reclamation for the DMG. A