U.S. GOVERNMENT PRINTING OFFICE
BOARD OF CONTRACT APPEALS
Appeal of CEN-TEX WEB PRINTING COMPANY
Docket No. GPO BCA 6-86
May 2, 1989
MICHAEL F. DiMARIO
Administrative Law Judge
SUMMARY OPINION AND ORDER DISMISSING APPEAL
FOR FAILURE TO STATE A CLAIM
UPON WHICH RELIEF MAY BE GRANTED
BACKGROUND
By letter dated January 24, 1986, Cen-Tex Web Printing
Company, Dallas, Texas (Appellant) was advised by R.W.
Wildbrett, Contracting Officer (CO), U.S. Government
Printing Office Dallas Regional Printing Procurement Office
(DRPPO), that a complaint had been received from Bergstrom
Air Force Base, Texas (BAFB), to the effect that: (1)
Certain letterheads procured from Appellant by Purchase
Order K-9960, Jacket No. 659-612, dated November 20, 1985,
in the amount of $399, had inconsistent inking, broken type,
plugged type, and ink scumming; and (2) The Appellant had
not furnished one complete set of negatives for each of the
six different letterheads it prepared as required by the
specifications. The letter directed that Appellant was to
reprint the order at no additional expense to the Government
and ship complete within 10 days from receipt of the January
24, 1986, letter.
By letter of the CO dated March 14, 1986, Appellant was
directed to show cause within 5 days of the receipt of the
letter as to why the contract should not be terminated for
default in accordance with Article 2-18, "Default," "U.S.
Government Printing Office Contract Terms No. 1" for failure
to ship the reprint as previously directed.
When no response was received, the CO issued a termination
letter dated April 2, 1986, for inability to perform within
the schedule of the contract. The letter advised Appellant
that in accordance with the "Disputes" article, supra, the
decision would be final and conclusive unless a written
notice of appeal addressed to the Public Printer of the
United States, Dallas RPPO, Attn: Mr. Richard W. Wildbrett,
was received within 90 days of Appellant's receipt of the
decision. The notice also advised that a general letter of
complaint objecting to the action taken would not be
considered a notice of appeal. The appeal must be signed,
identify the contract number and decision, and contain a
statement specifying the part or parts of the CO's decision
from which the appeal was being taken, and the reason or
reasons why the decision of the CO respecting the specified
part or parts was erroneous.
On May 30, 1986, this Board received correspondence from the
CO which included an appeal letter from Appellant dated
April 23, 1986. The letter generally stated that it was an
appeal from the CO's decision. However, it gave no response
to the issue of failing to meet scheduling requirements, but
rather spoke to its disagreement with Respondent and the Air
Force concerning the quality of the previously rejected
printing.
Appellant was then advised by letter from the Board dated
June 3, 1986, that the appeal had been received and
docketed, and that Rule 6.(a) of GPO's Instruction 110.12
entitled "Board of Contract Appeals Rules of Practice and
Procedure" dated September 17, 1984, and Change 1 dated
September 26, 1984, requires that within 30 days after
receipt of the notice of docketing, an original and 2 copies
of a complaint containing the data described in the Rule
shall be filed with the Board; and that Rule 8 requires the
Appellant to make an election and notify the Board as to
whether it desires a hearing or desires to have the appeal
decided on the written record. A copy of the Instruction
was furnished to the Appellant as an enclosure to the
Board's letter.
No complaint was received within the time prescribed by the
Instruction, nor has any other correspondence been received
from Appellant. Accordingly, it is the decision of this
Board that:
DECISION
The appeal be denied for failure on the part of Appellant to
state a claim upon which relief may be granted.
IT IS SO ORDERED.