B-169730, JUN. 3, 1970

B-169730: Jun 3, 1970

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WAS CONSIDERED AND CORPORATION IS ADVISED THAT CONTRACTOR'S CAPABILITY TO PRODUCE IN ACCORDANCE WITH SPECIFICATION IS NOT QUESTIONED BECAUSE NAVY HAS PLACED LABORATORY TECHNICANS AT BOTH ASPHALT PLANT AND JOB SITE TO ASSURE CONTRACTOR'S DESIGN MIX MEETS CONTRACT REQUIREMENT IN EVERY RESPECT. TIMELY COMPLETION OF CONTRACT IS EXPECTED. INC.: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM DATED MAY 5. THE SUBJECT CONTRACT WAS AWARDED TO THE TED R. THE NAVY HAS ADVISED THAT IT IS THEIR UNDERSTANDING THAT YOUR FIRM IS CONCERNED ABOUT THE CONTRACTOR'S ABILITY TO MEET THE REQUIRED DESIGN MIX. THE RECORD BEFORE US INDICATES THAT THE CONTRACTOR WAS DELAYED IN BEGINNING WORK DUE LARGELY TO OPERATIONAL REQUIREMENTS OF THE AIRFIELD.

B-169730, JUN. 3, 1970

CONTRACTS--PERFORMANCE--ADEQUACY CORPORATION'S REQUEST FOR REVIEW TO ASSURE FULL COMPLIANCE WITH SPECIFICATIONS OF CONTRACT FOR ASPHALT PAVING OF RUNWAY, BASED ON CONTENTION CONTRACTOR CANNOT MEET SPECIFICATIONS, WAS CONSIDERED AND CORPORATION IS ADVISED THAT CONTRACTOR'S CAPABILITY TO PRODUCE IN ACCORDANCE WITH SPECIFICATION IS NOT QUESTIONED BECAUSE NAVY HAS PLACED LABORATORY TECHNICANS AT BOTH ASPHALT PLANT AND JOB SITE TO ASSURE CONTRACTOR'S DESIGN MIX MEETS CONTRACT REQUIREMENT IN EVERY RESPECT; THIS MIX HAS BEEN USED ON SIMILAR CONTRACTS; AND TIMELY COMPLETION OF CONTRACT IS EXPECTED.

TO WILLIAM H. RALEY CO; INC.:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM DATED MAY 5, 1970, RELATIVE TO THE PERFORMANCE OF THE TED R. JENKINS COMPANY UNDER CONTRACT NO. N62473-70 -C-0019 FOR THE REPAIR OF RUNWAYS AT THE NAVAL AIR FACILITY, EL CENTRO, CALIFORNIA. YOU REQUEST A REVIEW TO ASSURE THAT NO VIOLATIONS OF SPECIFICATIONS OCCUR ON THE CONTRACT IN VIEW OF YOUR CONTENTION THAT THE CONTRACTOR CANNOT MEET THE SPECIFICATIONS.

THE SUBJECT CONTRACT WAS AWARDED TO THE TED R. JENKINS COMPANY IN THE AMOUNT OF $96,737 FOR ASPHALT PAVING OF RUNWAYS AT THE NAVAL AIR FACILITY. THE NAVY HAS ADVISED THAT IT IS THEIR UNDERSTANDING THAT YOUR FIRM IS CONCERNED ABOUT THE CONTRACTOR'S ABILITY TO MEET THE REQUIRED DESIGN MIX. THE RECORD BEFORE US INDICATES THAT THE CONTRACTOR WAS DELAYED IN BEGINNING WORK DUE LARGELY TO OPERATIONAL REQUIREMENTS OF THE AIRFIELD. HOWEVER, PAVING WORK BEGAN DURING THE WEEK OF MAY 4, 1970, AND COMPLETION IS EXPECTED BY THE DATE SPECIFIED IN THE CONTRACT.

BY LETTER DATED MAY 21, 1970, TO OUR OFFICE, THE DEPARTMENT OF THE NAVY FURNISHED THE FOLLOWING PERTINENT INFORMATION:

"THE OFFICER IN CHARGE OF CONSTRUCTION (OICC) HAS PLACED LABORATORY TECHNICIANS AT BOTH THE ASPHALT PLANT AND ON THE JOB SITE TO ASSURE THAT THE CONTRACTOR'S DESIGN MIX MEETS CONTRACT REQUIREMENTS IN EVERY RESPECT. THE PAVING THAT HAS BEEN LAID TO DATE IS IN ACCORDANCE WITH THE SPECIFICATIONS, AND THE OICC DOES NOT ANTICIPATE ANY PROBLEMS IN OBTAINING COMPLIANCE THROUGH THE JOB, ESPECIALLY SINCE THE DESIGN MIX REQUIRED HAS BEEN SPECIFIED AND MET IN THE PAST ON OTHER SIMILAR CONTRACTS.

"ACCORDINGLY, IT IS CONSIDERED THAT ALL NECESSARY PRECAUTIONS ARE BEING TAKEN TO ASSURE COMPLIANCE WITH THE CONTRACT SPECIFICATIONS, AND THAT THE WILLIAM H. RALEY COMPANY, INC; SHOULD BE SO ADVISED."

ON THE BASIS OF THE RECORD BEFORE US, WE HAVE NO REASON AT THIS TIME TO QUESTION THE TED R. JENKINS COMPANY'S CAPABILITY TO PRODUCE IN ACCORDANCE WITH THE CONTRACT REQUIREMENTS.