A-24812, OCTOBER 27, 1928, 8 COMP. GEN. 216

A-24812: Oct 27, 1928

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THE PLUMBING FIXTURE DELIVERED IS NOT IN ACCORDANCE WITH THE SPECIFICATIONS. THERE IS NO LIABILITY ON THE UNITED STATES FOR EXTRA WORK CAUSED BY THE INSTALLATION OF THE PLUMBING FIXTURE DELIVERED BY THE PLUMBING CONTRACTOR. WHEREIN WAS DISALLOWED ITS CLAIM FOR $65 FOR ALLEGED EXTRA WORK AND MATERIAL IN CONNECTION WITH THE INSTALLATION OF A NEW WATER CLOSET IN THE UNITED STATES CUSTOMHOUSE. THE CLAIM WAS DISALLOWED ON THE GROUND THAT THERE WAS NO LEGAL OBLIGATION ON THE UNITED STATES FOR ITS PAYMENT. AMONG THE VARIOUS ITEMS OF WORK TO BE PERFORMED WAS AN ITEM STATED IN PARAGRAPH 52 OF THE SPECIFICATIONS AS FOLLOWS: NEW WATER CLOSET OUTFIT. WAS ACCEPTED FOR PERFORMANCE OF THE WORK AND IT IS STATED IN THE LETTER OF SEPTEMBER 29.

A-24812, OCTOBER 27, 1928, 8 COMP. GEN. 216

CONTRACTS - INCREASED COSTS - EXTRA WORK WHERE A CONTRACT REQUIRES THE INSTALLATION OF CERTAIN PLUMBING FIXTURES IN ACCORDANCE WITH GOVERNMENT MASTER SPECIFICATIONS AND THE CONTRACTOR ORDERS FROM A PLUMBING CONTRACTOR A FIXTURE IN ACCORDANCE WITH THE SPECIFICATIONS, BUT THE PLUMBING FIXTURE DELIVERED IS NOT IN ACCORDANCE WITH THE SPECIFICATIONS, THERE IS NO LIABILITY ON THE UNITED STATES FOR EXTRA WORK CAUSED BY THE INSTALLATION OF THE PLUMBING FIXTURE DELIVERED BY THE PLUMBING CONTRACTOR.

DECISION BY COMPTROLLER GENERAL MCCARL, OCTOBER 27, 1928:

THE THERIAULT CONTRACTING CO. REQUESTED OCTOBER 1, 1928, REVIEW OF SETTLEMENT NO. 0226060, DATED JULY 9, 1928, WHEREIN WAS DISALLOWED ITS CLAIM FOR $65 FOR ALLEGED EXTRA WORK AND MATERIAL IN CONNECTION WITH THE INSTALLATION OF A NEW WATER CLOSET IN THE UNITED STATES CUSTOMHOUSE, WILMINGTON, DEL., UNDER CONTRACT T2-SA-566, DATED SEPTEMBER 2, 1927. THE CLAIM WAS DISALLOWED ON THE GROUND THAT THERE WAS NO LEGAL OBLIGATION ON THE UNITED STATES FOR ITS PAYMENT.

IT APPEARS THAT UNDER DATE OF JULY 26, 1927, THE SUPERVISING ARCHITECT, TREASURY DEPARTMENT, ADVERTISED FOR PROPOSALS FOR REMOVING WATER-SUPPLY PIPING, PLUMBING FIXTURES, ETC., AND FURNISHING AND INSTALLING NEW WATER- SUPPLY PIPES, FIXTURES, ETC., IN THE UNITED STATES CUSTOMHOUSE, WILMINGTON, DEL. AMONG THE VARIOUS ITEMS OF WORK TO BE PERFORMED WAS AN ITEM STATED IN PARAGRAPH 52 OF THE SPECIFICATIONS AS FOLLOWS:

NEW WATER CLOSET OUTFIT.--- FURNISH AND INSTALL WHERE NOTED ON DRAWINGS NEW WATER-CLOSET OUTFIT NO. 48-V COMPLETE IN ACCORDANCE WITH U.S. GOVERNMENT MASTER SPECIFICATION NO. 448 (SEE PAGE 23, AND FIG. 5).

THE BID OF THE THERIAULT CONTRACTING CO. WAS ACCEPTED FOR PERFORMANCE OF THE WORK AND IT IS STATED IN THE LETTER OF SEPTEMBER 29, 1928, REQUESTING REVIEW OF THE SETTLEMENT:

WE ORDERED FROM THE CRANE CO., ALONG WITH OTHER MATERIALS FOR THE JOB, A 48-V WATER-CLOSET OUTFIT, THIS OUTFIT TO BE IN STRICT ACCORDANCE WITH THE GOVERNMENT MASTER SPECIFICATION NO. 448, THAT DEALS WITH PLUMBING FIXTURES TO BE USED ON GOVERNMENT PROJECTS. ACCORDING TO THE MASTER SPECIFICATIONS FOR THIS 48-V OUTFIT, WE RUN OUR WORK TO A 14 INCH ROUGHING IN. THE 48-V OUTFIT IS A BOWL WITH A CENTER OUTLET, AND A STRAIGHT FLUSH PIPE, AND IS FIGURED FOR A 14 INCH ROUGHING-IN, THE OUTFIT CRANE CO. SHIPPED TO US MARKED 48-V, WAS A BOWL WITH A REAR OUTLET, AND A FOUR-INCH OFF-SET FLUSH PIPE. WERE WE TO USE THIS FIXTURE AS SENT, THE CLOSET WOULD PROJECT ABOUT 32 INCHES OUT FROM THE WALL, WHEREAS THE 48-V OUTFIT PROJECTS BUT 28 INCHES FROM THE WALL. WE ADVISED CRANE CO. OF THIS, AND THEY INSISTED THAT IT WAS A 48-V OUTFIT THEY SHIPPED ALTHOUGH IT VARIED SOMEWHAT FROM THE GOVERNMENT MASTER SPECIFICATION. THEY FURTHER STATED THAT THEY HAD PERMISSION TO USE THIS OUTFIT IN LIEU OF THE ONE THE G.M.S. CALLED FOR. OF COURSE, THIS NECESSITATED US CHANGING OUR ROUGHING IN BACK TO TEN INCHES TO BRING THE BOWL BACK TO 28 INCHES TO HARMONIZE WITH WORK IN PLACE. THIS CHANGE WAS APPROVED BY THE SUPERVISING ARCHITECT'S OFFICE. OF COURSE, THIS CHANGE CAUSED ADDITIONAL EXPENSE AND TIME, AND OUR CHARGE OF $65.00 IS FOR THIS CHANGE.

THE GOVERNMENT MASTER SPECIFICATION WAS DRAFTED BY CERTAIN OFFICERS AND EMPLOYEES OF THE GOVERNMENT FUNCTIONING AS A FEDERAL SPECIFICATIONS BOARD. CIRCULAR NO. 448 INCLUDED, AMONG OTHER THINGS, SPECIFICATIONS FOR WATER-CLOSETS. IT APPEARS THAT AFTER THE SPECIFICATIONS WERE DRAFTED THE CRANE CO. REQUESTED, IN LETTER OF JANUARY 5, 1928, THAT THE MATTER BE CHANGED BECAUSE THE SPECIFICATIONS FOR THE WATER-CLOSET PRESCRIBED IN THE MASTER SPECIFICATIONS DEPARTED IN CERTAIN PARTICULARS FROM THE STOCK WATER -CLOSET MANUFACTURED BY SAID COMPANY. THE CRANE CO. WAS ADVISED BY SAID BOARD ON JANUARY 24, 1928, THAT---

WITH FURTHER REFERENCE TO YOUR LETTER OF JANUARY 5TH, ACKNOWLEDGED JANUARY 6TH, MAY I SAY THAT THE MATTER OF OFF-SET FLUSH PIPE AND MAXIMUM OVER-ALL DIMENSIONS OF WATER-CLOSET BOWLS WAS CONSIDERED BY THE PLUMBING FIXTURES COMMITTEE OF THE FEDERAL SPECIFICATIONS BOARD AT ITS MEETING OF JANUARY 19TH, WITH THE RESULT THAT IN THE OPINION OF THE COMMITTEE, AN OFFSET IN FLUSH PIPE, SAY AS MUCH AS 2 INCHES, SHOULD NOT BE PERMITTED AND THAT THE CONTRACTOR SHOULD BE REQUIRED TO COMPLY WITH THE MAXIMUM OVER-ALL DIMENSIONS AND THE ROUGHING-IN DIMENSIONS SPECIFIED ON PLATE 5 OF SUBJECT SPECIFICATION.

THE CRANE CO. ALLEGES THAT SOME ONE CONNECTED WITH THE FEDERAL SPECIFICATIONS BOARD AUTHORIZED SAID COMPANY TO CONTINUE TO MANUFACTURE THEIR WATER-CLOSET FOR GOVERNMENT WORK, EVEN THOUGH IT DID NOT COMPLY WITH THE MASTER SPECIFICATIONS, BUT THE ABOVE-QUOTED LETTER OF JANUARY 24, 1928, WOULD SEEM TO DISPROVE THAT ALLEGATION. HOWEVER, THE POINT IS NOT MATERIAL FOR THE REASON THAT THE FEDERAL SPECIFICATIONS BOARD IS NOT A CONTRACTING AGENCY FOR THE TREASURY DEPARTMENT, AND THE CONTRACT BETWEEN THE UNITED STATES AND THE THERIAULT CONTRACTING CO. REQUIRED A WATER- CLOSET TO BE FURNISHED AND INSTALLED AS PROVIDED IN THE GOVERNMENT MASTER SPECIFICATIONS. SAID COMPANY DID NOT FURNISH THE WATER-CLOSET IN ACCORDANCE WITH SAID SPECIFICATIONS, BUT THE PROPER GOVERNMENT OFFICIAL FINALLY APPROVED THE USE OF THE CRANE WATER-CLOSET, WHICH DEPARTED SOMEWHAT FROM THE SPECIFICATIONS. THE WATER-CLOSET FURNISHED WAS IN SUBSTITUTION OF THE WATER-CLOSET REQUIRED BY THE CONTRACT TO BE FURNISHED, AND THE CONTRACTOR IS NOT ENTITLED TO ANY EXTRA PAYMENT FOR ALLEGED EXTRA WORK IN MAKING THE NECESSARY OPERATIONS TO INSTALL THE SUBSTITUTE WATER CLOSET. IF THE CONTRACTOR HAS ANY CLAIM WHATEVER FOR THE FAILURE TO SECURE A WATER CLOSET IN ACCORDANCE WITH THE GOVERNMENT SPECIFICATIONS, SAID CLAIM IS NOT AGAINST THE UNITED STATES.