B-156889, AUG. 8, 1966

B-156889, AUG. 8, 1966

TO CARRIER CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 17, 1965, WITH ENCLOSURES, CONCERNING THE ,EXPERIENCE" REQUIREMENT CLAUSE IN DEPARTMENT OF THE ARMY CONSTRUCTION CONTRACTS, PARTICULARLY AS SUCH CLAUSE AFFECTS THE AIR-CONDITIONING INDUSTRY.

AS YOU KNOW, THE MATTER WAS BROUGHT TO THE ATTENTION OF THE DEPARTMENT OF DEFENSE, AND BY LETTER DATED JULY 30, 1966, THE DEPUTY ASSISTANT SECRETARY OF DEFENSE (PROCUREMENT) ADVISED OUR OFFICE AS FOLLOWS:

"THE SUGGESTIONS MADE BY THE CARRIER CORPORATION REGARDING PREQUALIFICATION OF EQUIPMENT AND CENTRALIZED CONTRACT ADMINISTRATION WERE DISCUSSED BY DOD REPRESENTATIVES AT MEETINGS WITH MAJOR MANUFACTURERS OF AIR-CONDITIONING EQUIPMENT DURING 1965. IT WAS THE CONSENSUS OF BOTH INDUSTRY AND GOVERNMENT THAT THE EXPERIENCE REQUIREMENT PROVISION COULD BE WRITTEN IN A MANNER WHICH WOULD RESULT IN GREATER UNIFORMITY OF INTERPRETATION BY CONTRACTING OFFICERS. SPECIFICALLY, IT WAS AGREED THAT THE PROVISION SHOULD LIST DESIGN AND CONSTRUCTION CHANGES TO WHICH THE TWO -YEAR EXPERIENCE FACTOR WILL APPLY. SEVERAL MANUFACTURERS OFFERED SUGGESTED LISTS OF DESIGN AND CONSTRUCTION CHANGES FOR OUR CONSIDERATION.

"BASED UPON THE ABOVE, THE EXPERIENCE PROVISION HAS BEEN REWRITTEN. ALSO, SPECIAL INSTRUCTIONS TO CONTRACTING OFFICERS TO CLARIFY THE INTENT OF THE PROVISION HAVE BEEN PREPARED. IT IS EXPECTED THAT THE NEW PROVISION AND THE INSTRUCTIONS WILL BE PUT INTO EFFECT IN ABOUT TWO MONTHS.

"WHILE THESE ACTIONS ARE DESIGNED TO ELIMINATE ANY INCONSISTENCIES IN THE APPLICATION AND INTERPRETATION OF THE PROVISION WITHIN DOD, WE ARE ALSO CONSIDERING THE EFFECTIVENESS OF THE PROVISION ITSELF WITH A VIEW TO DEVELOPING A MORE SATISFACTORY SOLUTION TO OUR NEEDS. TO THIS END, A TASK GROUP OF THE BUILDING RESEARCH ADVISORY BOARD OF THE NATIONAL ACADEMY OF SCIENCES RESEARCH COUNCIL HAS BEEN FORMED TO STUDY THE MATTER FURTHER AND TO MAKE RECOMMENDATIONS.'