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z <br /> <br />~ ~~l ~~~~ ~ ~1~ ~ <br />FINDINGS DATED MAY 16 1995 <br />Contractors Claim Against Purchase Order C-79064 <br />Claim of Negligence <br />#1 <br />Notice of award was not given within the 4 days stated in <br />the Special Conditions. <br />The on site pre-bid meeting was conducted on January 11, <br />1994 and the bids were received on January 25, 1994. There <br />was some concern that the contractor might have erred in his <br />bid and some time was consumed in this verification process. <br />The contractor was given a NOTICE OF AWARD and asked to <br />submit bonds, insurance, schedules, etc. on February 2., <br />1994. These were due by February 12, 1994. On February 21, <br />1994, the contractor was issued the NOTICE TO PROCEED. <br />Based on the circumstances, I am unable to substantiate any <br />negligence on the part of the State in processing the NOTICE <br />OF AWARD. <br />#2 <br />The State has failed to pay promptly as required bathe <br />General Conditions (1993) and the terms of the Purchase <br />Order. <br />The State has records of receipts and distribution of payments <br />which indicate that payments were made in a timely manner. <br />This claim is not absolutely clear as to whether this is ar. <br />issue with the periodic pay requests or with the clearance of <br />the retainage. If this is an issue with the payment of <br />retainage, please see subsequent comments addressing that. <br />With regards to periodic payments, I found no grounds tc <br />substantiate the claim. <br />