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.