U.S. Government Printing Office
Contract Appeals Board

Jay E. Eisen, Chairman
Joseph Lennon, Member
Joseph Kendall, Member
Panel 79-19

Appeal of American Drafting and Laminating Co., Inc.
P.O. Box 62464, Virginia Beach, Virginia  23462
November 21, 1979

This is an appeal filed by the American Drafting and Laminating
Co., Incorporated, Virginia Beach, Virginia, herein also referred
to as the contractor under the disputes clause of the contract,
Program 1123-M, Jacket No. 600-020, Print Orders 1 and 2, Article
29, U.S. Government Printing Office Contract Terms No. 1,
approved July 1, 1943, Rev. July 15, 1970.

I.  Findings of Fact

a. The Government Printing Office, Boston Regional Printing
Procurement Office issued Print Orders 1 and 2 on Jacket 600-020
on October 3, 1978, for the production of 500 training and
booklets in each order for use by the U.S. Navy, Portsmouth Naval
Shipyard, Portsmouth, New Hampshire.

b. In the course of performance, the Commander, Portsmouth Naval
Shipyard, reviewed the color keys relating to each print order
and found them to be unsatisfactory as provided in his letter
December 18, 1978, to the Director, Navy Publications and
Printing Service.

c. The specifications provide in part the following as relating
to proofs.

"Proofs: When so indicated on individual print orders, the
contractor will be required to submit a complete set of 3 M Color
Key (or similar) proofs of each color of each page . . .."

The memorandum order GPO Form 2511 addressed to the contractor
authorized the manufacture and shipment of the items in
accordance with the specifications and included the following for
each print order:

"3 M Color Keys required"

d. On April 20, 1979, the Contracting Officer by letter directed
the Appellant to provide a set of color key proofs which will
accurately represent the final printed product at no expense to
the Government.

e. The Contracting Officer, by letter dated May 3, 1979,
instructed the contractor to provide a set of the color key
proofs that contain the corrections indicated on the list of
comments at no expense to the Government, with delivery to be
made to the GPO Boston Regional Procurement Office no later than
May 15, 1979.  The contractor was advised that the decision of
the contracting officer was final, unless within 30 days after
receipt of the Notice, the Appellant furnishes a written appeal
addressed to the Public Printer; that pending the final decision
of the dispute, the contractor was expected to proceed diligently
with the performance of the contract and in accordance with the
contracting officer's decision.

f. Article 29, U.S. GPO Contract Terms No. 1 contains the usual
disputes provision concerning decisions on questions of fact
arising under the contract to be decided by the contracting
officer in event of failure to agree, with a right of appeal
within 30 days after receipt of a copy of the decision.

g. The Appellant filed written notice of appeal with the
contracting officer by letter dated September 4, 1979, and seeks
additional compensation for the work performed in providing the
additional corrected color proofs.  The evidence in the record
makes reference to the fact that the contractor acknowledged
receipt of the final decision letter of the contracting officer,
dated May 3, 1979.

II.  Opinion:

The immediate question in this appeal is the timeliness of the
contractor's notice of appeal.  The Contractor was advised by
letter dated October 23, 1979, by the Special Project Officer,
that the GPO Board of Contract Appeals was appointed for the
limited purpose of considering the timeliness of the appellant's
appeal.  Our consideration is limited to that jurisdictional
question and therefore the merits will not be considered by this
board.

One "disputes" article of the contract provides, in pertinent
part, as follows:

". . . any dispute concerning a question of fact arising under
this contract which is not disposed of by agreement shall be
decided by the Contracting Officer, who shall reduce his decision
to writing and mail or otherwise furnish a copy thereof to the
Contractor.  The decision of the Contracting Officer shall be
final and conclusive unless, within 30 days from the date of
receipt of such copy, the Contractor mails or otherwise furnishes
to the Contracting Officer a written appeal addressed to the
Public Printer . . .."
(Art. 29),  GPO Contract Terms No. 1).

The evidence in the file does not reflect the specific date of
the receipt of the contracting officer's final decision by the
appellant requesting that the contractor provide a set of
corrected color key proofs at no expense to the government, dated
May 3, 1979.  Since the contractor in a letter to the Board of
Contract Appeals, dated October 30, 1979, acknowledged receipt of
the notice dated May 3, 1979, and since the notice of appeal is
dated September 4, 1979, the appeal is patently untimely.  A
contracting officer's determination is considered final and
conclusive unless an appeal is lodged within the 30 day period as
set out in the disputes clause.  The Curtiss Company, ASBCA
(1968), 69-1 BCA  7440.  The appellant contends by inference in
his notice of appeal of September 4, 1979, that a letter dated
February 2, 1979, to the contracting officer disputing the
contracting officer's interpretation of the claim, constituted a
valid appeal.  It cannot be considered as a valid appeal since it
was filed prior to the contracting officer's final decision made
May 3, 1979.  Skyline Construction Company, DOT (1975), 75-1 BCA
 11,146.

The Court of Claims have held that Boards of Contract Appeals
have the power in proper circumstances to waive or extend the
appeal periods specified in the usual disputes clause.  Maney
Aircraft Parts, Inc. v. United States, 197 Ct. Cl. 159; Monroe M.
Tapper v. United States, 198 Ct. Cl. 72 (1972).

In the applicable case, the contractor was offered an opportunity
to submit any facts or circumstances to justify extending or
waiving the 30 day appeal period.  No such evidence was submitted
as relating to the untimeliness of the appeal.

III. Decision:

It is clear from the evidence in the file that the notice of
appeal was mailed more than 30 days from the date of receipt of
the final decision.  Under the terms of the disputes clause of
the contract, the Contracting Officer's decision becomes final
and conclusive if not appealed within 30 days from date of
receipt by the contractor.  The Contracting Officer's decision is
thus final and conclusive.  The appeal must therefore be
dismissed.  Appeal of Kasper Brothers, GSBCA, 74-1 BCA  10,600;
reconsideration denied 74-2 BCA  10,753; John Horn Company,
GSBCA (1975), 75-1 BCA  11,147.