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.