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Govt. Must Grant Opportunity To Meet Specs Before Butting In

Tuesday, June 14, 2011 07:09 am



Singleton Enterprises-GMT Mechanical v. Dept. of Veterans Affairs, 2011 CIVBCA Lexis 81 (March 17, 2011)

A contractor won an appeal in the amount of $56,000 after the government interfered with and changed the contractor's method of performance.

Singleton Enterprises-GMT Mechanical (Singleton) was the prime contractor on a Department of Veterans Affairs (VA) project to replace a polyisobutylene (PIB) roof at the VA Medical Center in Wade Park, Ohio. The contract required Singleton to attach layers of insulation to the new PIB roofing membrane but left it up to the contractor to choose what adhesive material to use. Singleton chose to use asphalt and included that in its bid. During the project, the VA rejected Singleton's request to use asphalt and later issued a "design bulletin" requiring Singleton to use a specific manufacturer's adhesive product instead. Singleton sought $56,000 for the change to a more expensive product. The VA rejected the claim as overstated and alleged that the contractor knew at bid time that adhesive was required but did not seek proper clarification. Singleton appealed to the Civilian Board of Contract Appeals.

The contract section on roof/deck insulation specified that asphalt could be used to adhere the insulation (asphalt was the only material mentioned; the section detailed the [...]

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