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.