New-York tribune., 1883-12-11
COMMISSIONER THoMPSoN's ANSWER.

HE DECLARES THAT HE HAD NO POWER TO REJECT
UNBALANCED BIDS UNDER TIE LAw-HIs IG-
NoRANCE OF TIE CONSOLIDATION ACT.
Commissioner Thompson yesterday furnished the
following statement to tho press as his formal and
official answer to the exposures made by The
TRIBUNE:
The sole charge presented in the OF matter in THE
cepted unbalanced bids for rock excavation and earth
cayaOn by which the final cost OF the respective con-
ssc Is mat prior to April l. 1883 when the NewYork
City Consolidation Act took effect the Department had
rSuPae nU TPGs III being G eo@peod to accept the o%e
bid however unbalanced. This view was
Opinion y dated March "a, 1850, and substantially
the same views are expressed N several Judicial decisions
April l. 1885, and the fourth. Ninetyffthst regulating
and grading was made & uS ~ 81 5SSS Al tna ,9e hG m
NewYork City Consolidation Act was intended and sup
On August 90 1888 however advised by the Couu-
sci TO the Corporation that under Section Ga OF the Con-
in their discretion TO reject all bids if they deem 1t for the
interest Of the city so To do.
Had been aware OF this when the bids for Ninety
n-st under consideration, would have probably
rejected ALL and advertised for new bids To prevent in
balanced bids, included in the departmental estimate
which submitted to the Board OF Estimate and Appor
tOnment the LIST Of September, the sum OF $4,000
which has been allowed in the provisional estimate, to
enable the Department to make borngs to ascertain more
accurately relative quantities of rock excavation and
earth excavation for sewers and grading WORKS Hitherto
the Department had make such boring3 and
the relative quantities OF rock and earth had to be es
mated from surface appearances.
Prior TO 1880 the Department TO prevent unbalanced
bids for sewer work required that liked and reasonable
price should be bid for rock April 1880
the Court of Appeals decided that this could not be DONE
but that every item of work must be submitted to com
petition. .
ence TO bids for grading contracts the Department
qurng that the prices bid for earth excavation shall not
also aside by the The number estimated
;ost and final cost OF Improvement contracts which have
utO md gEnn NJ
my administration Of tie Department OF Public Works
Ne as follows:
b7 rexnlapg and grading contracts. s}s$52s s7ii7
ii9G paving contracts -......... 2l392g? 2d65'5$s
Total 500 contracts .s32l5O5s s32l7 sos
Commissioner Thompson .lsO talked with a TRIB-
USEreporter On the 81; jest. He said:
IL have been Commissioner of Public Works
three years to-day During that time tho opera
tions of the Department have been on scale of
great magnitude. Hundreds Of contracts have been
awarded, and for regulating grading etc, only
Eve have been on unbalanced bids. In everything
that lave done have kept strictly within the
auire .lentS of the law. l am not afraid of the
most searching investigation into all my acts.
deny that any contractor has received from me OF
through my agency information of any kind on
which to base his bids. Heretofore there has
been no appropriation TO enable me to
make test pits in order to determine accu-
sately the character of the ground before
making estimates for excavations. The employees
If the department under the direction of the en-
gineers have thrust steel rods into the ground a
depth of thirteen feet to determine the character of
the ground, and on this and the general appearance
Of the ground the estimates have been made This
year have done what none of my predecessors ap-
piled for have asked in my estimates for 1854
lhat special appropriation of $4,000 be made to
be applied to discovering the character of the
ground where any kind of excavatonsis is to be made
order that estimates may be made understand
hgly. Until April of the present year l had no
choice in the matter of awarding contracts. l was
compelled by law to award all contracts to the
lowest bidder, unless knew that they were tainted
with fraud. IL did not do SO could be cited to
appear in court and compelled to award the con-
tract in compliance with the then provisions of the
law.n
What about the Ninety y-ffth-st. contract ~
That contract was awarded in June of the
present year. The Consolidation Act had become a
law. Twas unaware of the fact that the act gave
the heads of departments power to reject all bids
Tor contracts If deemed for the best interests of the
:ity, until informed by the Corporation Counsel
,n August 20. / should have acquainted myself
with all the provisions of the act of course. can
,nly plead il-health and press of business as my
Ueuse."