U.S. GOVERNMENT PRINTING OFFICE
BOARD OF CONTRACT APPEALS
The Appeal of COPIGRAPH, INC.
Docket No. GPO BCA 20-86
May 25, 1989
MICHAEL F. DiMARIO
Administrative Law Judge
SUMMARY OPINION AND ORDER DISMISSING APPEAL
BACKGROUND
The above-captioned appeal of Copigraph, Inc., 940 Main
Street, Waltham, MA 02154 (Appellant), is from the "final
decision" of R. W. Wildbrett, Contracting Officer, Dallas
Regional Printing Procurement Office, U.S. Government
Printing Office (CO/Respondent), dated November 20, 1986,
which reduced the price the Government would pay
Appellant for printing certain "Naval Institute Guides,"
under Jacket Nos. 662-190 through -193, and -196,
Purchase Order K-6312 by 20.3 percent ($481.31). (Rule 4
File, hereinafter "R4 File," Tab A.)
Appellant alleges that the price should not be reduced
because: (1) It properly interpreted the following
provisions of the contract to require it to manually trim
the 11 1/4 x 9 1/4" covers received from the Government
to 11 x 8": "TRIM SIZE: All 11 x 8 1/2 (tab dividers 11
x 9 including 1/2" tab). G.P.O. WILL FURNISH:
Preprinted, two-piece, covers . . . to the contractor.
Covers are .035" Green polyetylene [sic] plastic, trimmed
to size." "BINDING: Punch text, tab dividers, and
covers on the 11" dimension." (Emphasis supplied by
Appellant.) (Official File, Tab 5.); and (2) The Roadway,
Inc. trucking company's delivery receipt which it
furnished shows no entry that the goods were delivered in
damaged form as alleged by the CO's decision. (Official
File, Tab 5.)
DECISION
Contrary to Appellant's theory, the issue is not whether
the specifications call for the covers to be 11 x 8 1/2"
but rather whether they authorized Appellant to trim the
covers in any respect whatsoever. Given the "G.P.O. will
furnish . . . trimmed to size." language of the
specification, we think that they did not. Indeed, it is
the opinion of the Board that this language creates an
exclusive right in Respondent to trim the covers to any
size it deemed appropriate. Therefore, since the
Government has a right to enforce strict compliance with
its specifications, S.S. Silberblatt, Inc. v. United
States, 193 Ct. Cl. 269, 433 F.2d 1314 (1970), the
Government had a right under the contract to reject the
product altogether or to reduce its price, as it has done
here.
Additionally, the Board finds the issues respecting the
cartons to be immaterial, inasmuch as the record makes
clear that no consideration of such issues entered into
the CO's price reduction determinations. (R4 File, Tab
C.)
DECISION
Accordingly, the appeal is denied and the CO's decision
is affirmed.
IT IS SO ORDERED.