CBCA 4060

GRANTED: January 15, 2016 CBCA 4060 R.A. GLANCY & SONS, INC., Appellant, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. James R. Mall of Meyer, Unkovic & Scott LLP, Pittsburgh, PA, counsel for Appellant. Jennifer Hedge, Office of Regional Counsel, Department of Veterans Affairs, Pittsburgh, PA, counsel for Respondent. Before Board Judges VERGILIO, POLLACK, and ZISCHKAU. POLLACK, Board Judge. This appeal arises out of a contract, VA244-13-C-358, entered into between the Department of Veterans Affairs (VA) and R.A. Glancy & Sons, Inc. (Glancy), under which Glancy was to construct and provide renovations at Building 51/Unit 3B, VA Medical Center, Pittsburgh, Pennsylvania. A dispute arose between the parties as to what features were required to be provided for the patient headwall system identified in the contract. A hearing was held in Pittsburgh, Pennsylvania. Among the items to be provided and installed by Glancy was a patient headwall system, identified in the specifications as being “Elements Headwall System Manufactured by Hill-Rom Co. or approved equal.” The sole issue in this case is whether the VA interpretation of the contract is correct. The VA interpreted the contract language to hold CBCA 4060 2 that the brand name system specified was only acceptable if it included features identified as “or equal” requirements. That is, the patient headwall system provided by appellant had to be composed of both thermofoil (for cabinetry) and quartz (for counter tops), rather than Corian and laminate, which are integral features of the Hill-Rom brand name headwall system identified in the contract. The appeal does not involve quantum. Findings of Fact The principal specification which identifies the Hill-Rom product by brand name also sets out various salient characteristics for the patient headwall system. Among the characteristics are that the patient wall system be Underwriters Laboratories (UL) listed, that structural framing and the consoles meet certain requirements, and that the system have various electrical and medical gas components. The listing of salient characteristics identifies the cabinet casework as requiring a thermofoil finish. The listing contains no designation for quartz. The listing also provides, at subparagraph E-2, that the assembly and all components be UL listed. The specification is set out below: Section 10 25 13, Patient Bed Service Walls: PART 2 - PRODUCTS 2.1 PATIENT WALL SYSTEMS A. Elements Headwall System Manufactured by Hill-Rom Co. or approved equal. 1. Contact 1069 SR 46 East, Batesville, IN 47006; Telephone: (812) 934- 7777; Fax: (812) 934-8189; E-mail: us.customerservice@hill-rom.com; website: www.hill-rom/usa/AP_Elements.htm B. Shall be UL listed. C. Shall consist of a structural framework, removable panels and removable equipment console units, factory assembled to house all permanent bedside services including but not necessarily limited to fixtures, grounding jacks, power outlets, telephone outlet, nurses call patient station, medical gas outlets and other fittings or devices. 1. Frame Assembly: 16 gauge role formed galvanized steel channels 2. Service Panels: 16 gauge steel with high pressure laminate (HPL) finish. a. Width: As indicated on drawings. CBCA 4060 3 b. Height: As indicated on drawings. c. Color: See color and finishes of the patient wall units, Section 09 06 00, SCHEDULE FOR FINISHES. 3. Access Panels: Edge banded particle board with high pressure laminate (HPL) finish on front and back. a. Width: As indicated on drawings. b. Height: As indicated on drawings. c. Color: See color and finishes of the patient wall units, Section 09 06 00, SCHEDULE FOR FINISHES. 4. Cabinet: Casework: Constructed of panels with thermofoil finish. a. Color: See color and finishes of the patient wall units, Section 09 06 00, SCHEDULE FOR FINISHES. 5. Gas Manifold: Machined aluminum block with D.I.S.S. (Diameter Indexed Safety System) gas specific check valves. 6. Junction Box: To provide normal and critical power (standard and isolated), as well as low-voltage power. D.