B-157507, SEP. 28, 1965

B-157507, SEP. 28, 1965

TO MR. PETER K. BABALAS:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 18, 1965, PROTESTING THAT THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) LANGLEY RESEARCH CENTER WILL NOT PERMIT THE PRIME CONTRACTOR, EASTERN CONSTRUCTION CORPORATION, TO EMPLOY THE PANELS PROPOSED FOR USE BY METAL STRUCTURES, NC., IN THE PERFORMANCE OF SPECIFICATION L-5876 WHICH IS PART OF CONTRACT NASI-5397 (C).

AS REQUIRED BY THE CONTRACT, EASTERN SUBMITTED FOR NASA APPROVAL CERTAIN DRAWINGS AND DATA REGARDING THE PANELS. NASA WOULD NOT APPROVE THEM BECAUSE THE PANELS FAILED TO MEET THE SPECIFICATION IN THAT THE WALL INSULATION IS NOT RIGID AND FACTORY LAMINATED TO THE INTERIOR WALL LINES AS REQUIRED IN PARAGRAPH 6-07/B), THE EXTERIOR METAL SKIN SHEETS DO NOT CONFORM TO PARAGRAPH 6-07/A) IN THAT THEY ARE 26 GAUGE ).018 INCHES), WHEREAS THE PARAGRAPH REQUIRES THAT THEY BE NOT LESS THAN 24 GAUGE ).024 INCHES), AND THEY DO NOT HAVE THE 3-INCH RIBS, INTERLOCKING FEATURES AND CONCEALED FASTENERS WHICH ALSO ARE REQUIRED BY THE PARAGRAPH.

WHILE YOU STATE THAT THERE IS ONLY ONE MANUFACTURER WHICH MAKES THE KIND OF PANEL REQUIRED BY THE SPECIFICATION, THE CONTRACTING AGENCY HAS REPORTED THAT IT KNOWS OF THREE MANUFACTURERS WHICH MAKE SUCH PANELS. ALSO, WHILE YOU INDICATE THAT PANELS OFFERED BY YOUR CLIENT HAVE BEEN UTILIZED BY NASA IN OTHER BUILDINGS, THAT DOES NOT ESTABLISH THAT THE PANELS MEET THE REQUIREMENTS OF THE IMMEDIATE SPECIFICATION. MOREOVER, YOU SUGGEST THAT BECAUSE PARAGRAPH 6-09 (A) OF THE SPECIFICATION STATES THAT "FASTENERS SHALL BE IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATION," THIS MEANS THAT THE MANUFACTURER'S SPECIFICATIONS SHALL GOVERN. HOWEVER, THAT STATEMENT CANNOT BE REASONABLY CONSTRUED AS GIVING THE MANUFACTURER THE RIGHT TO VARY THAT PART OF THE SPECIFICATION WHICH IS OTHERWISE SPECIFIC IN DETAIL.

IN CONNECTION WITH YOUR SUGGESTION THAT THE PANELS PROPOSED FOR USE BY YOUR CLIENT WOULD BE SATISFACTORY FOR THE AGENCY'S PURPOSE, NASA HAS EXPLAINED THE NECESSITY FOR THE SPECIFICATION REQUIREMENTS AS FOLLOWS:

"* * * A RIGID FACTORY LAMINATED INSULATION OFFERS BACKUP TO THE THIN INTERIOR LINER WALL PANEL PROVIDING A SURFACE OF GREATER DURABILITY THAN A LINER WITHOUT AN INTEGRAL BACKUP PROPOSED BY MITCHELL. THE METAL SKIN IS REQUIRED TO TAKE THE WIND LOADS AND TRANSFER THEM TO THE STRUCTURAL FRAME AS WELL AS KEEP OUT THE ELEMENTS. HOWEVER, IN SPECIFYING THE MINIMUM METAL THICKNESS FOR THE OUTER SKIN, SELECTION WAS BASED ON A NUMBER OF CONSIDERATIONS SUCH AS THE NEED TO PREVENT EXCESSIVE DIMPLING AND RIPPLING OF THE SHEETS DURING ERECTION, TO MINIMIZE THE CHANCE OF DESTROYING THE GEOMETRIC CONFIGURATION (AND STRENGTH) EITHER DURING ERECTION OR BY ACCIDENTAL IMPACT DURING THE LIFE OF THE BUILDING, TO PREVENT PEELING OF THE SHEET FROM THE FASTENERS BY HEAVY WINDS, ETC., ALONG WITH PURELY STRUCTURAL CONSIDERATIONS OF STRENGTH BASED UPON SPECIFIED WIND LOADING, ALLOWABLE SKIN STRESS AND GIRT SPACING. SELECTION OF MINIMUM THICKNESS WAS THUS NOT AN ARBITRARY DECISION CONCEALED WALL FASTENERS DO NOT PROVIDE AN OPPORTUNITY FOR WATER PENETRATION AS DO EXPOSED FASTENERS AS PROPOSED BY MITCHELL. EACH TIME THE FERROUS METAL SKIN IS PIERCED, AN OPPORTUNITY FOR EVENTUAL RUST DAMAGE IS PRESENTED WHICH OUR EXPERIENCE SHOWS WILL RESULT IN INCREASED MAINTENANCE AND PAINTING.'

IT IS THE RESPONSIBILITY OF EACH CONTRACTING AGENCY OF THE GOVERNMENT TO DETERMINE ITS NEEDS AND TO PREPARE SPECIFICATIONS WHICH REFLECT THOSE NEEDS. 17 COMP. GEN. 554. SINCE, IN THIS CASE, NASA HAS DETERMINED THAT THE DETAILS OF THE SPECIFICATION INVOLVED ARE REQUISITE TO ITS NEEDS, AND SINCE YOUR CLIENT'S PRODUCT OBVIOUSLY DOES NOT MEET THE SPECIFICATION REQUIREMENTS, WE MUST DENY YOUR PROTEST IN THIS CASE.