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.