BOARD OF CONTRACT APPEALS U.S. GOVERNMENT PRINTING OFFICE The Appeal of KPT, INC. Docket No. GPO BCA 3-89 January 26, 1989 MICHAEL F. DiMARIO Administrative Law Judge ORDER WHEREAS, this Board, having duly considered both Respondent's Motion to Dismiss the above-captioned appeal and Appellant's Opposition thereto, concludes that Appellant's Opposition is without legal or equitable merit respecting Appellant's failure to timely comply with the requirements for noting an appeal of the underlying Contracting Officer's "final decision"; but WHEREAS, this Board deems Appellant's notice of appeal and Opposition to also constitute the timely noting of an appeal of Respondent's imposition of excess reprocurement costs; and WHEREAS, Board's of Appeals have formulated a widely accepted rule of law respecting the allowability and scope of "excess reprocurement cost" appeals under the so-called "Fulford Doctrine." See Fulford Manufacturing Co., ASBCA 2144 (1955). NOW THEREFORE, IT IS ORDERED that the aforesaid Motion be and the same is hereby granted respecting the appeal of the Contracting Officer's "final decision" but denied respecting the appeal of the imposition of excess reprocurement costs, the appeal thereby to be allowed to continue under the limitations of "Fulford", if any, and subject to the procedural requirements of GPO Publication 110.12 dated September 17, 1984.