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.