Tribute Contracting, LLC (Tribute), appeals the final decision of the Government Publishing Office (GPO) contracting officer, imposing a termination for default with regard to Purchase Order No. 92849, Jacket No. 386-477, for tote bags. Tribute asserts that the contracting officer's decision to terminate for default was improper. The respondent has filed a motion for summary judgment.
Accordingly, the record, on its face, clearly indicates that production and delivery of the plainly noncompliant tote bags resulted from the appellant's failure to comply with explicit requirements of the purchase order with regard to both printing and shipping, not from any delay or other misfeasance by the respondent. The results of Tribute's non-compliance were unfortunate but were not the fault or responsibility of the agency.
We conclude that there is no genuine issue as to any material fact and that GPO is entitled to judgment as a matter of law. Celotex Corp. v. Catrett, supra, at 323. The motion for summary dismissal is granted. The appeal is denied.