B-174132, OCT 5, 1971

B-174132, OCT 5, 1971

CONTRACTS - INDIAN AFFAIRS - AUTHORIZED EXPENDITURES ADVISING THAT THE BALANCE OF THE CONTRACT PRICE DUE ON A CONTRACT NEGOTIATED BY THE BUREAU OF INDIAN AFFAIRS WITH THE DINE BAA-HANI NEWSPAPER OF FORT DEFIANCE, ARIZONA SHOULD BE PAID. UNDER 25 U.S.C. 13, THE BUREAU OF INDIAN AFFAIRS HAS AUTHORITY TO ENTER INTO CONTRACTS TO ESTABLISH AND DEVELOP A NEWS MEDIA FOR THE DISSEMINATION OF INFORMATION TO NAVAJO CHAPTERS FOR THE BENEFIT OF ALL THE NAVAJO PEOPLE.

TO MR. SECRETARY:

REFERENCE IS MADE TO A LETTER DATED SEPTEMBER 17, 1971, WITH ENCLOSURES, REQUESTING THE APPROVAL BY OUR OFFICE FOR PAYMENT OF THE BALANCE DUE UNDER CONTRACT NO. K51C14200398, NEGOTIATED BY THE BUREAU OF INDIAN AFFAIRS, WITH THE DINE BAA-HANI NEWSPAPER OF FORT DEFIANCE, ARIZONA.

THE SUBJECT CONTRACT, DATED DECEMBER 7, 1970, CALLED FOR THE CONTRACTOR TO ESTABLISH AND DEVELOP A NEWS MEDIA FOR THE DISSEMINATION OF INFORMATION TO 103 NAVAJO CHAPTERS FOR THE BENEFIT OF ALL THE NAVAJO PEOPLE, IN THE FIXED AMOUNT OF $40,000. SPECIFICALLY, IN ESTABLISHING AND DISTRIBUTING SUCH NEWS MEDIA THE CONTRACTOR WAS TO PROVIDE THE FOLLOWING:

1. ANOTHER VOICE FOR THE PEOPLE OF THE NAVAJO RESERVATION:

2. OTHER CHANNELS OF COMMUNICATION IN DEVELOPMENT OF THE MANY SMALL, ISOLATED COMMUNITIES ON THE RESERVATION THAT THE PAPER WOULD SERVE;

3. A SOURCE OF TRAINING IN THE JOURNALISM AND ART FIELDS FOR NAVAJOS NOT NOW PROVIDED BY ANY OTHER RESERVATION PAPER;

4. AN AREA OF OPPORTUNITY FOR ANY NAVAJO JOURNALIST WHO MAY WISH TO RETURN TO HIS RESERVATION;

5. ANOTHER SOURCE THROUGH WHICH THE COMMISSIONER OF INDIAN AFFAIRS CAN PROVIDE THE LOCAL PEOPLE OF THE AREA WITH NEWS ABOUT FEDERAL PROGRAMS OF IMPORTANCE TO THEM;

6. ANOTHER COMMUNICATION LINK BETWEEN THE NAVAJO SCHOOL SYSTEM AND THE PARENTS OF THE NAVAJO STUDENTS REGARDING THE IMPORTANCE OF SCHOOL ATTENDANCE;

7. AN ADDITIONAL INFORMATION SOURCE ABOUT INDUSTRIAL DEVELOPMENT AND EMPLOYMENT OPPORTUNITIES OPEN TO THE NAVAJO PEOPLE; AND

8. AN OUTLET FOR ADULT EDUCATION MATERIALS TO BE CONVEYED TO PARTICIPANTS IN THIS PROGRAM.

THE SERVICES WERE TO BE PERFORMED BETWEEN DECEMBER 7, 1970, AND JUNE 30, 1971. PAYMENTS WERE TO BE MADE ON RECEIPT OF INVOICES SUBMITTED ON THE FOLLOWING DATES:

AT START-UP $20,000

MARCH 1, 1971 $10,000

JUNE 1, 1971 $10,000

THE INITIAL $20,000 WAS PAID AS PROVIDED. HOWEVER, THE REMAINING TWO $10,000 PAYMENTS ARE BEING WITHHELD SUBJECT TO THE APPROVAL OF THIS OFFICE.

THE RECORD INDICATES THAT THE CONTRACTING OFFICER HAD AUTHORITY TO ENTER INTO THE CONTRACT AND THE AGENCY HAD AUTHORITY TO EXPEND FUNDS FOR SUCH PURPOSE UNDER 25 U.S.C. 13 ENTITLED "EXPENDITURE OF APPROPRIATIONS BY BUREAU OF INDIAN AFFAIRS." THE RECORD FURTHER SHOWS THAT THE SERVICES REQUIRED BY THE CONTRACT WERE SATISFACTORILY PERFORMED BY THE CONTRACTOR. WE, THEREFORE, CONCLUDE THAT THE BALANCE OF THE CONTRACT PRICE SHOULD BE PAID.

WE UNDERSTAND IT WAS INTENDED THAT THE CONTRACTOR ISSUE TWO EDITIONS OF THE NEWSPAPER PER MONTH WITH A MINIMUM SIZE OF 16 PAGES PER ISSUE AND A MINIMUM DISTRIBUTION OF 8,000 COPIES PER ISSUE. WE HAVE BEEN ADVISED THAT THE NEWSPAPER WAS IN FACT ISSUED IN ACCORDANCE WITH THAT UNDERSTANDING. HOWEVER, IN THE FUTURE WE STRONGLY RECOMMEND THAT THE CONTRACT SET OUT SPECIFICALLY THE PERFORMANCE WHICH IS EXPECTED OF THE CONTRACTOR.