U.S. GOVERNMENT PRINTING OFFICE BOARD OF CONTRACT APPEALS The Appeal of EASTWOOD PRINTING Docket No. GPO BCA 3-88 March 8, 1990 MICHAEL F. DiMARIO Administrative Law Judge SUMMARY DISMISSAL OF APPEAL Appellant, in its appeal to this Board, dated March 23, 1988, admitted against its own interest that it had volitionally undertrimmed the product 1/16" from that required by the specifications and adjusted the page image size to allow for what it deemed to be proper outside margins. Moreover, Appellant offered nothing in its notice of appeal to rebut the Contracting Officer's findings with respect to the specified "P-7: Type Quality and Uniformity," attribute because of light type or that it had not used the Government-furnished negatives as required by the contract. Neither did Appellant offer any assertion to rebut the Government's determination that a 25 percent reduction in price was fair and equitable in the circumstances. Rather, Appellant offered only that its own inspection of product samples found no quality defects other than the undersized trim, coupled with the fact that on a subsequent contract for the same publication the specifications were modified to allow the trim size used by Appellant, and the assertion that had the Government's field inspector noted the defects efforts could have been taken to correct the balance of the product before production. Likewise, Appellant's communication of April 27, 1988, specified no substantive opposition to the Government's findings. Taken together and assuming their truthfulness for the purpose of argument, Appellant's assertions are an insufficient basis upon which to find that the Contracting Officer's action was inappropriate to the case. Accordingly, the appeal is dismissed with prejudice for failure to state a claim upon which relief can be granted.