U.S. GOVERNMENT PRINTING OFFICE BOARD OF CONTRACT APPEALS The Appeal of JR COMPOSITION Docket No. GPO BCA 8-86 May 19, 1989 MICHAEL F. DiMARIO Administrative Law Judge SUMMARY OPINION The above-captioned appeal by JR Composition, 5504 East Livingston Avenue, Columbus, OH 43232, from the final decision of Robert G. Seibert, Contracting Officer (CO), Government Printing Office, Columbus Regional Printing Procurement Office (CRPPO), Columbus, OH 43215, dated July 9, 1986, terminating contract Print Order 20927, Purchase Order H5092, Jacket No. 646-116, Program 1552-M, for default because Appellant "did not produce in accordance with the specifications." is deemed by the Board to be without merit for the following reasons: 1. Appellant alleged that the specified cover stock (65 lb. venice blue, vellum finish equal to JCP Code L20) was no longer manufactured and sought CO's approval of a substitute stock selected by it which such approval was denied; 2. The burden of proof respecting an allegation of commercial impossibility or impracticability lies with the contractor. Koppers Co. v. United States, 405 F.2d 554 (Ct. Cl. 1968). 3. Respondent has offered no evidence whatsoever to support its allegation of nonavailability; and 4. Conversely, the Government was able to reprocure the product from another vendor, Custom Printing, using the same cover stock specifications (CRPPO memorandum to Chief, Voucher Examination Branch Stop: FMCE dated December 10, 1986; and Print Order 40902, Purchase Order H5723, Jacket No. 646-117, Program 1552-M dated July 10, 1986, copies of which are attached hereto for the Appellant). Accordingly, the appeal is denied and the decision of the CO affirmed. IT IS SO ORDERED.