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Directive Was a Compensable Change

A government directive constituted a compensable change, according to the Civilian Board of Contract Appeals, because the directive imposed a method of performance not required under the roofing contract. The contractor sought additional costs for complying with the government's rejection of its proposed use of asphalt as an adhesive and for using a particular manufacturer's adhesive. The contract required a 20-year roof warranty but did not require a particular roof manufacturer. It also clearly specified that asphalt could be used to attach new insulation to the existing roof deck, even though use of asphalt would void the warranty of the government's preferred roof manufacturer. The government rejected the contractor's asphalt submittal and issued a design bulletin directing the contractor to use the preferred manufacturer's adhesive.

Government's Obligation

The board accorded particular significance to testimony of government witnesses that suggested other manufacturers could have provided a conforming roof and a warranty that would not have been voided by using asphalt. Moreover, the fact the contractor's bid contemplated using the preferred manufacturer's roof did not preclude the contractor from choosing an alternate means of performance to comply with the contract. The government was obligated to give the contractor this opportunity, but in issuing the bulletin and directing how the contractor was to perform, the government "took matters out of [the contractor's] hands." The government's action in denying the contractor an opportunity to comply with the contract constituted a change. (Singleton Enterprises-GMT Mechanical v. Dept. of Veterans Affairs, CBCA, 93,144)




(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )


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