B-163637, AUG. 27, 1968

B-163637, AUG. 27, 1968

TO TWIN HARBORS LUMBER COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 12, 1968, REQUESTING RECONSIDERATION OF OUR DECISION B-163637, JUNE 3, 1968, WHEREIN WE DENIED YOUR REQUEST FOR A RECOMMENDATION FOR EQUITABLE RELIEF UNDER THE ACT OF APRIL 10, 1928, 31 U.S.C. 236.

AS A BASIS FOR RECONSIDERATION OF THE DECISION YOU CONTEND THAT THE ADMINISTRATIVE REPORT SUBMITTED TO OUR OFFICE BY THE DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT (BLM), INACCURATELY RECITED CERTAIN FACTS PREJUDICIAL TO YOUR CASE, AND THAT THE USE OF FORM CLASS 78 BY BLM IN ESTIMATING RECOVERY VOLUME WAS UNREALISTIC, AS EVIDENCED BY THE FACT THAT TWO UNNAMED FORESTRY CONSULTING FIRMS IN THE CONTRACT AREA USE FORM CLASS 74.

WITH RESPECT TO YOUR ARGUMENT THAT OUR DECISION WAS BASED ON ERRONEOUS INFORMATION SUBMITTED HERE BY BLM, YOU ARE ADVISED THAT WHEN QUESTIONS OF FACT ARE DISPUTED IT IS THE GENERAL RULE OF OUR OFFICE TO ACCEPT THE ADMINISTRATIVE VERSION THEREOF IN THE ABSENCE OF A CLEAR SHOWING OF BAD FAITH OR MISTAKE. AS TO YOUR STATEMENT THAT THE VOLUME OF RECOVERY WAS ERRONEOUS BECAUSE OF BLM'S USAGE OF AN UNREALISTIC FORM CLASS, YOU ARE ADVISED THAT SUCH ACTIONS ARE SOLELY WITHIN THE PROVINCE OF CONTRACT ADMINISTRATION BY THE CONTRACTING AGENCY AND, AS SUCH, ARE NOT OPEN TO QUESTION BY OUR OFFICE EXCEPT FOR THE REASONS INDICATED ABOVE.

SINCE WE DO NOT FEEL THAT YOU HAVE PRESENTED ANY EVIDENCE FOR OUR CONSIDERATION TO REFUTE THE CORRECTNESS OF OUR DECISION OF JUNE 3, 1968, THERE IS NO FURTHER ACTION THAT OUR OFFICE CAN PROPERLY TAKE IN THE MATTER UNLESS YOU CAN FURNISH SOME EVIDENCE, NOT HERETOFORE CONSIDERED, THAT THE FACTS ADMINISTRATIVELY REPORTED ARE CLEARLY ERRONEOUS.