Appeal of -- Paul & Partners Under Program No. C261-S Print Order No. 90058

2008-8: Jan 27, 2010

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Paul & Partners appeals the decision of the contracting officer of the U.S. Government Printing Office (GPO) under Print Order 90058 of Program C261-S that assessed Paul & Partners the postage costs totaling $100,819.14 associated with mailing Medicare premium bills that were reprinted and remailed by Paul & Partners because of an error in the original printing of these bills.

Paul & Partners argues that because there is genuine dispute of fact regarding whether or not Paul & Partners conceded liability for the mailing costs and therefore summary judgment is inappropriate here. However, because we find that Paul & Partners is actually liable for these costs regardless of whether it conceded its liability for these costs, this disputed fact does not affect the outcome of the case and is therefore not material. We therefore grant GPO's motion for summary judgment and deny Paul & Partner's appeal. We find that GPO is entitled to recover the $82,819.14 claimed.

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