CBCA 3258

GRANTED: January 20, 2015 CBCA 3258 COLUMBIA CONSTRUCTION COMPANY, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Reginald M. Jones and Alexa A. Santora of Fox Rothschild LLP, Washington, DC, counsel for Appellant. James F. H. Scott and Claire O’Donnell, Office of the General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges STERN, POLLACK, and SHERIDAN. SHERIDAN, Board Judge. This is a claim brought by Columbia Construction Company (Columbia) on behalf of itself and its subcontractor, Wayne J. Griffin Electric, Inc. (Griffin). Columbia was contracted by the General Services Administration (GSA) to modernize the Internal Revenue Service (IRS) service center in Andover, Massachusetts. Among other things, the contract specified that Columbia was to provide a security system, and that the security cabling was CBCA 3258 2 required to be “concealed or in conduit (EMT).”1 Columbia seeks an equitable adjustment of $491,450 for what it characterizes as a GSA-directed change that it asserts occurred when GSA required it to install the security wiring in EMT conduit, instead of allowing its planned method of installation in cable trays under the raised access flooring system and above the drop ceilings. After considering the evidence, including testimony presented at the hearing, and the parties’ pre- and post-trial briefs, we find that appellant reasonably interpreted the contract to allow installation of the security cabling below the raised access floor and above the ceilings because that installation “concealed” the cables as required by the contract.2 Background On May 6, 2009, GSA issued solicitation GS-01P-09-BZ-C-0014, seeking a contractor to provide all supervision, labor, materials, and equipment necessary to modernize the IRS service center. Columbia was awarded the contract on July 21, 2009. Deborah Fournier was the GSA contracting officer (CO) assigned to administer the contract. The IRS service center project included upgrades to the building’s superstructure, exterior glazing and doors, heating, ventilation, electrical, fire alarms, and security systems. The design for the renovated facility also called for installation of a raised access flooring system over the original concrete pad in approximately eighty percent of the facility. The distance between the access floor and the original concrete floor varied, from eight inches to two-and-a-half feet, depending on the conditions encountered. The design for the building incorporated a security scheme that integrated a variety of security devices including, but not limited to, glass break detectors, closed circuit televisions, card readers, electronic door locks, panic buttons, and intercoms. Pre-renovation, the security system cabling was “open,” and not run in conduit or raceways. The project was to be completed in two phases to accommodate partial occupancy of the service center by the IRS during construction. Prior to entering into the contract, Griffin submitted a bid to Columbia for the division 26 (electrical), 27 (communications), and 28 (security) contract work. Columbia entered into a subcontract with Griffin for that work on October 20, 2009. As part of its work, Griffin was required to furnish and install cabling and devices for the security system at the service center in accordance with the contract. 1 EMT (electrical metallic tubing) is a type of metal tubing used as conduit in commercial and industrial buildings that is thin enough to be bent. 2 Per its order requiring that all documents, unless mutually agreed upon, be submitted prior to the hearing, the Board did not accept into the record or consider the affidavits and documents that were attached to the parties’ post-hearing briefs. CBCA 3258 3 The security system work is primarily detailed in the specifications at section 281000, “Security Systems.” Part 1 contains the “General Provisions” related to the security systems. Subpart 1.02.C, titled “Protection Scheme,” provides: “Security systems and equipment for this project shall include, but are not limited to the following . . . 12.