Evening star. [volume] (Washington, D.C.) 1854-1972, 1939-05-30

Vic prizes u lAkc ASPHALT ana OH
asphalt. The specifications and
code provisions read together-sub-
ject to the exception which I shall
hereafter point out-do not create
any basis for competitive proposals
between these two kinds of asphalt
material.
The exception to which refer is
contained in paragraph 242, subtitle
(a), on page 1876 Of the Standard
Specifications for PAYMENTS Of the
District of Columbia, Department OF
Highways, dated 1899, covering con-
struction methods of bituminous
surface course c. MA. and G. NIB.
Said section 242 refers to materials
and reads as follows in so far as it
concerns and affects the subject Of
this letter: Materials for this work
shall conform to the following re-
quirements: ca Asphalt cement
shall be grade Ap-3, conforming to
the requirements Of paragraph 49,"
The language Of subsection (a) in
effect closes the requirements for as
phaltic materials to all asphalt other
than oil or petroleum asphalt. This
specification cannot prevail under
the code. It nevertheless appears
to be In conflict with both the ex-
press provisions Of the statute and
the declarations of policy contained
therein. In order that there may
be fair approach to this matter in
keeping with the spirit of the Dis
trict of Columbia law, this specif1ca-
ton should be altered to provide for
bids upon lake asphalt by substitute
ing lake asphalt for oil asphalt"
The symbols Of lake asphalt would
probably be AT-3 and can be in
sterted in the said specifications in
place OF the present symbols con-
tanned therein, to-wit: AP-3 which
refer to oil asphalt. This suggested
change in the specifications is not
only in conformity with the statute,
but is based upon admissions and
statements OF Col. McCoach and
Capt. Whitehurst. 1t is also based
upon experiences of many cities, in
Guiding Washington. D. c., more re-
Gently the city of Baltimore, Md:
Chicago, Detroit, Richmond and
Buffalo. The State of Michigan,
through its State Highway Depart
ment, has adopted lake asphalt as
the best material for paving its
roads upon the basis of efficiency
and long-range economy.
again remind you that in answer
to one of your questions, Capt.
Whitehurst and Col McCoach agreed
that the difference in the initial
costs Of the two kinds of asphalt
paving material would be overcome
in favor Of lake asphalt over a
period of time because of the in
creased efficiency and durability of
streets paved with lake asphalt ma
terials. I understand that some
question was raised during your con-
ference indicating that there may
possibly be some Federal statute or
probably an appropriation bill which
requires competitive bidding" Such
statute, if it exists, in the light Of
the above quoted code provisions
and the recognized difference be-
tween oil asphalt and lake asphalt
as different materials, would not
haye any effect whatsoever upon
the question of competitive bidding.
There can be no competitive bidding
between these different kinds of
asphalt paving material. the two
types being recognized as being as
distinctly different as bituminous
macadam and concrete mix. They
are asphalts of distinct types and
vafles. II you can find a Federal
statute or some specific act which
provides for competitive bidding,
you will no doubt find that it does
not require competitive bidding be-
tween these two distinct types of
asphalt. I would like you to ascer-
tain, If you possibly can, whether
or not there is any such act and
obtain II possibly an opinion from
some recognized legal authority Of
the District of Columbia competent
to render such an opinion regard
Ing the effect of such statute upon
proposals for asphalt paving. I am
confident that such q statute or
any competent Interpretation there
OF will agree with the conclusions
reached in this letter.
am submitting this letter to you
as counsel for the gentlemen who
were so kindly conducted by you to
Col. McCoach's ONCE. They appre-
ciate your great interest and splen-
did cooperation and wish me to
sincerely thank you for arranging
the appointments for them and for
giving them so much help. I shall
be deeply grateful for any further
assistance you may give them or to
me personally
Sincerely yours,
D. GROVE MOLER.
April %, 1899.
Hon. Jennings Randolph,
Chairman, District of Columbia
Committee, House Of Representa-
tiveS, Washington, D. C.
My dear Jennings:
Under date of April 20, 1899, I
addressed to you a letter concerning
the District code provisions and the
standard specifications relating to
paving material in the District of
Columbia. I submit this as a sup
Elemental letter and request you to
use it in connection with my said
original letter.
H. r. 5610, the District Of Column
bia appropriation bill, now pending
before the Committee on Appropria-
tons in the Senate, contains on
page 81 of the printed copy avail
able at the document room, lines II
to 16 inclusive, the following Ian
guage, mo part of any appropria-
ton contained in this act shall be
available for repairing, resurfacing,
or paving any street, avenue, or road
way by private contract unless the
specifications for such work shall be
prepared as to permit of fair and
open competition in paving material
as well as in price" This provision
does not modify or change the con-
illusions which I reached in NV