Eagle Group Sportswear, Inc. (Appellant) v. Government Publishing Office (Respondent)

Appellant, Eagle Group Sportswear, Inc. (Eagle Group), appeals a contracting officer's final decision by respondent, the Government Publishing Office (GPO), imposing a termination for default in connection with Purchase Order No. G8065, Jacket No. 535-116, which GPO issued on behalf of the U.S. Department of Agriculture, Forest Service for 12,010 baseballs. Appellant claims that the contracting officer's decision to terminate for default was improper because "a time frame was established by [respondent] stating that [the] balls needed to be delivered in May 2022 or [the contract] would be terminated," but the "[c]ontract was terminated in April 2022." App. Addl. Response, Sept. 20, 2022; Complaint at 1. In addition, appellant asserts that it provided the Forest Service with a partial delivery of approximately 3,000 baseballs, for which it has not been paid.

For the reasons set forth above, we GRANT respondent's motion for summary judgment with respect to default termination, and DISMISS the aspect of the appeal pertaining to payment for the partial shipment of baseballs. As such, we DENY in part and DISMISS in part the appeal.