The Waterbury Democrat., 1942-07-28
Governor

The practice of furnishing sup plemental information to one of several bidders has never con- mended itself to me as being either good engineering or accept ed governmental practice. It strikes at the very heart of con- petitive bidding and frequently furnishes an improper advantage to bidding contractor. Compe- tent professional authority ap- pears to have established the suit- ability of hydraulic fill for the re- quisite purpose. Furthermore, the possibility of its use appears to have been contemplated by engin- eers of the United States Army in the preparation of original plans; its use apparently was satisfactory to the Flood Commission of the City of Hartford; and knowledge of its use was possessed by en- gineers of the United States Army.
 It is true that highway and bridge specifications frequently re- quire clarification and interpreta- tion, and bidders have every right to expect that legitimate interpre- tive information will be furnished them on proper request. However, do not regard the information which was conveyed to the Savin Construction Company as being in this category. Officials of this con- cern were told they might use hydraulic fill in preparing foundation, whereas the original specifications clearly comprehend ed the use of dry fill. The giving of this information constituted neither clarification nor interpre- tation of specifications, but devia- tion from them.
 No Justification
 The mere fact that the Con- missioner has stated that this pro- cedure has been employed for many years, not only in Connec- ticut but also in adjoining states, neither justifies nor excuses it. The best that can be said for the unhealthy practice is that 1t has been employed in Connecticut since 1913; that no highway com- missioner has seen fit to question 1t; and that 1t has apparently come to be regarded as orthodox by highway department employees and contractors alike.
 am serving notice, through this decision, that the practice is undesirable, and, in my judgment breach of engineering ethics. If it is marked by repetition during my tenure, as Governor, the of- lending employe or commis- sioner will be subjected to imme- diate charges.
 Incident to the construction of two bridges in the Town of Led yard in 1888, a serious controversy arose between the State Highway Department and the contractor, M. A. Gammino Construction Company. Ultimately an agree- ment was effected whereby 1t was proposed to adjust the controversy through a payment of $7,170.32 to the contractor, such payment to be in excess of the original con- tract price. Authority for this payment was requested of the 1889 session of the General Assembly, whereupon Commissioner Cox was notified by the Attorney General that he doubted the wisdom of honoring the claim. Commissioner Cox, failing to accept this advice, persisted in his theory that the claim was justified and the pro- posed compromise legitimate. Ulti- mately the General Assembly fail- ed to act in the matter. The con- troversy is now the basis of a civil action pending before the Super for Court.
 To be sure, the interests of the State of Connecticut have not been adversely affected in the matter of this proposed comprom- ise. However, 1t is my impression that Commissioner Cox exposed himself to unnecessary criticism through his failure to heed the advice of the Attorney General. I feel that his judgment, in the matter, was imperfect but honest. It is my wish that every commis- Sioner, when presented with a le- gal problem, consult the Attorney General, thereafter being bound by his advice. It makes little dif- ference whether the Attorney Generals opinion is ct variance .s,ls-- .-~.