Meltech Corporation, Inc.

Summary

The Armed Services Board of Contract Appeals considered Meltech Corporation, Inc.'s challenge to a $19,873 credit taken by the government for substituting 24-gauge metal roof panels for the 22-gauge panels specified in Meltech's approved design. The Board held that the contract's roof requirements were performance specifications, but Meltech became bound by its approved 100% design, including the selected panel thickness, and could not install a thinner substitute without government concurrence. The Board denied the appeal.

Holdings

1. The Design Criteria were performance specifications because they identified the required roof characteristics and results but left Meltech to determine the materials, panel thickness, dimensions, and means of achieving those results.
2. Meltech was bound to its approved 100% Design Specification calling for 22-gauge panels and was not entitled to install the thinner 24-gauge panels based solely on its own judgment that they would perform equally.
3. USACE was entitled to a credit for the change from 22-gauge to 24-gauge metal roof panels, and Meltech's appeal was denied.

Questions Presented

1. Whether the Design Criteria constituted performance specifications that left Meltech responsible for selecting the roof-panel thickness.
2. Whether Meltech was bound by its approved 100% design specifying 22-gauge panels and therefore could not substitute 24-gauge panels without government concurrence.
3. Whether USACE was entitled to a deductive equitable adjustment or credit for the substitution of 24-gauge panels for 22-gauge panels.

Disposition

other