from the United States Court of Federal Claims in No.
1:14-cv-01223-EJD, Senior Judge Edward J. Damich.
J. Georgiton, Dinsmore & Shohl, LLP, Columbus, OH, argued
for plaintiff-appellant. Also represented by Peter W. Hahn.
Bondurant Eley, Commercial Litigation Branch, Civil Division,
United States Department of Justice, Washington, DC, argued
for defendant-appellee. Also represented by Kenneth Dintzer,
Robert Edward Kirschman, Jr., Joseph H. Hunt.
Newman, Wallach, and Stoll, Circuit Judges.
Office Complex of Parma, LLC ("Premier") appeals
the decision of the United States Court of Federal Claims
granting the government's motion for summary judgment and
denying Premier's cross-motion for summary judgment of
liability. The contract between Premier and the government
unambiguously requires Premier to provide a facility
conforming to Level II security requirements as set forth
under Interagency Security Committee ("ISC")
standards. Premier's work in constructing such a facility
thus falls within the scope of work of the contract. We
2007, the Department of Veterans Affairs ("VA")
sought to lease space in Parma, Ohio for use as a VA
outpatient clinic ("Parma Clinic"). It issued a
pre-solicitation Expressions of Interest memorandum, which
stated that the lease would be for approximately 62, 000-74,
000 square feet of space and that "[t]he selected
building must comply with the Interagency Security Committee
Security Design Criteria for New Federal Office Buildings and
Major Modernization Projects as well as other security
guidelines, which will be provided during the solicitation
for offers process." J.A. 41.
subsequently issued Solicitation for Offers No.
VA-101-08-RP-0034 ("SFO") detailing the lease
requirements for the Parma Clinic. Section 4.2.7 of the SFO
discusses the physical security requirements of the space and
is reproduced below:
Physical Security Requirements
shall provide the following physical security measures or
features for the spaces or areas as listed below:
1. The Government will determine security standards for
facilities and agency space requirements. Security standards
will be assessed based upon tenant agency mix, size of space
requirement, number of employees, use of the space, location
of the facility, configuration of the site and lot, and
public access into and around the facility. The Government
will designate a security level from Level I to Level IV for
each space requirement. The Contracting Officer (or the
Contracting Officer's designated representative) will
provide the security level designation as part of the space
requirement. A copy of the Government's security
standards is available at www.oca.gsa.gov. A single use
building over 70, 000 square feet will be a Level III
J.A. 92-93 (emphasis added). Section 4.2.7 also contains a
Physical Security Table, which labels seven spaces within the
building with their own applicable security requirements.
a pre-bid meeting, a bidder asked for clarification on
whether the SFO's Level III security requirement was
actually a Level II requirement. On June 3, 2008, the VA
issued Amendment #1 to the SFO ...