B-141633, APR. 1, 1960

B-141633, APR. 1, 1960

TO NORTON DOOR CLOSER COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 30, 1959, PROTESTING AGAINST SPECIFICATIONS FOR DOOR CLOSERS, INCLUDED IN INVITATIONS FOR BIDS FOR CONSTRUCTION AT LARSON AIR FORCE BASE AND ICE HARBOR LOCK AND DAM.

THE RECORD BEFORE US SHOWS THAT INVITATION NO. ENG-45-164-59-38, FOR CONSTRUCTION OF READINESS CREW BUILDING AND RELATED FACILITIES AT LARSON AIR FORCE BASE, WASHINGTON, WAS ISSUED ON APRIL 20, 1959, WITH BID OPENING ON MAY 26, 1959, AND THAT INVITATION NO. CIVENG-45-164-59 3, FOR POWERHOUSE COMPLETION CONSTRUCTION AT ICE HARBOR LOCK AND DAM, WASHINGTON, WAS ISSUED ON JULY 25, 1958, WITH BID OPENING ON SEPTEMBER 18, 1958. SPECIFICATIONS FOR THE PROJECTS TO BE INCLUDED IN THE INVITATIONS INSOFAR AS DOOR CLOSERS WERE CONCERNED WERE PREPARED IN THE LIGHT OF DOOR OPERATIONS DIFFICULTIES WHICH THE CORPS OF ENGINEERS IS STATED TO HAVE EXPERIENCED AT MCNARY DAM, A SIMILAR PROJECT, WHERE DOOR CLOSERS CONFORMING TO FEDERAL SPECIFICATIONS HAD FAILED AS A RESULT OF INADEQUATE BEARINGS FOR PINION SHAFT AND INADEQUATE BACK CHECKING ACTION. TO SECURE A MORE DURABLE DOOR CLOSER, THE CONTRACTING OFFICER ADDED REQUIREMENTS FOR (1) BALL, NEEDLE, OR ROLLER BEARINGS FOR PINION SHAFT, (2) BACK CHECKING ACTION, AND (3) RACK AND PINION, DOUBLE PISTON CONSTRUCTION. THE DEPUTY CHIEF OF ENGINEERS FOR CONSTRUCTION, IN EXPLAINING THE EFFECT OF THIS CHANGE IN REQUIREMENTS ON BEHALF OF THE CHIEF OF ENGINEERS, STATES:

"4. ANTI-FRICTION (BALL, ROLLER OR NEEDLE) BEARINGS ENABLE A MARKED REDUCTION OF SIZE OF BEARINGS WITHOUT SACRIFICING WORKING LIFE. FRICTION BEARINGS ACHIEVE UNDER SAME CONDITIONS OF USAGE LONG WORKING LIFE BY USING ENLARGED LIGHTLY LOADED BEARING SURFACES. SIZES OF FRICTION BEARINGS FOR DOOR CLOSERS ARE NECESSARILY A COMPROMISE TOWARD SMALLER BEARINGS DUE TO CLOSER DIMENSIONAL REQUIREMENTS. AS FRICTION BEARINGS BECOME WORN, EXCESSIVE MOVEMENTS OF THE PINION SHAFT PERMIT LEAKAGE OR PUMPING OF THE FLUID PAST DEFORMED SEALS, AND THE LOSS OF FLUID CAUSES THE DOOR CLOSER TO MALFUNCTION.

"5. THE CONTRACT REQUIREMENTS CAN BE MET BY PRODUCTS OF AT LEAST

TABLE FOUR MANUFACTURERS:

SARGENT AND CO.

LOCKWOOD HARDWARE MFG. CO.

CORBIN (DIVISION OF AMERICAN HARDWARE

CORPORATION)

RUSSWIN (DIVISION OF AMERICAN HARDWARE

CORPORATION)

"6. THE RESULTING SPECIFICATIONS USED BY WALLA WALLA DISTRICT OFFICE STATE THE MINIMUM REQUIREMENTS FOR A SATISFACTORY DOOR CLOSER FOR THE SEVERE DUTY INVOLVED. DOOR CLOSERS FOR THE PROJECTS REFERENCED ARE TO CONFORM TO THE PROVISIONS OF FEDERAL SPECIFICATION PLUS ADDITIONAL PROVISIONS FOUND NECESSARY TO INSURE PERFORMANCE CHARACTERISTICS SUITABLE FOR THE APPLICATION. THE MODIFICATION OF THE FEDERAL SPECIFICATION IS CONSIDERED WARRANTED AND IN THE BEST INTEREST OF THE GOVERNMENT.'

WHILE FEDERAL SPECIFICATION FF-H-121C, DATED JUNE 18, 1954, FOR HARDWARE, BUILDERS-, DOOR-CLOSING DEVICES, HAS BEEN APPROVED BY THE COMMISSIONER, FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION, FOR THE USE OF ALL FEDERAL AGENCIES, GSA REGULATIONS 1-VI, SECTION 203.02B, PROVIDES THAT WHEN THE ESSENTIAL NEEDS OF A FEDERAL AGENCY ARE NOT ADEQUATELY COVERED BY AN EXISTING FEDERAL SPECIFICATION, THE AGENCY MAY AUTHORIZE DEVIATIONS THEREFROM, PROVIDED, AMONG OTHER THINGS, THAT REQUIREMENTS OF THE EXISTING SPECIFICATION SHALL BE USED TO THE MAXIMUM EXTENT PRACTICABLE, AND THAT THE AGENCY TAKING SUCH DEVIATIONS SHALL ESTABLISH PROCEDURES WHEREBY A DESIGNATED OFFICIAL HAVING SUBSTANTIAL PROCUREMENT RESPONSIBILITY SHALL BE RESPONSIBLE FOR ASSURING THAT (A) FEDERAL SPECIFICATIONS ARE USED, AND PROVISIONS FOR EXCEPTIONS AND DEVIATIONS ARE COMPLIED WITH, AND (B) JUSTIFICATIONS FOR EXCEPTIONS AND DEVIATIONS ARE SUBJECT TO COMPETENT REVIEW BEFORE AUTHORIZATION. IN THIS CONNECTION, SECTION 1-305.2B OF ARMY PROCUREMENT PROCEDURE PROVIDES THAT ALL DEVIATIONS AND WAIVERS OF FEDERAL SPECIFICATIONS WILL BE SUBJECTED TO COMPETENT REVIEW IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE "CHIEF OF EACH TECHNICAL SERVICE.' THE CHIEF OF ENGINEERS, AS THE CHIEF OF A TECHNICAL SERVICE WITHIN THE DEPARTMENT OF THE ARMY, HAS APPROVED THE DEVIATION IN THE PRESENT INSTANCE, AFTER WHAT APPEARS TO HAVE BEEN A CAREFUL REVIEW AND EVALUATION OF THE NEEDS OF THE PROJECTS INVOLVED.

WE TRUST THAT THE FOREGOING INFORMATION ANSWERS THE QUESTIONS YOU RAISED.