September 1, 1993

Appeal Of

N.J. HASTETTER, Trustee for THOMAS AND JUDITH HASTETTER

Under Lease Agreement

PSBCA No. 3064

APPEARANCE FOR APPELLANT:

N.J. Hastetter, M.D.

APPEARANCE FOR RESPONDENT:

Robert E. O'Connell, Esq.

OPINION OF THE BOARD ON MOTION FOR RECONSIDERATION

Appellant, N.J. Hastetter, has filed a letter dated July 20, 1993, with the Board, generally expressing dissatisfaction with the Board's June 15, 1993, Opinion (Appeal of N.J. Hastetter, Trustee for Thomas and Judith Hastetter, PSBCA No. 3064, 93-2 BCA ¶ 25,809). Although not specifically denominated a motion for reconsideration, we have treated the letter as such, since it was filed within the time allowed for such motions (39 C.F.R. § 955.30).

Appellant's letter states no grounds and provides no information which would cause us to modify our earlier Opinion. Accordingly, to the extent Appellant's letter may be considered a motion for reconsideration, the motion is denied and the Opinion is affirmed.

Appellant's letter also states that he wishes to file "two new Complaints," related to repairs demanded by the Postal Service on facilities in Brunswick, Missouri, and Archer City, Texas, apparently owned by his wife, Erica Hastetter. Appellant asks how to proceed with these complaints.

Under the Contract Disputes Act of 1978 (41 U.S.C. §§ 601-613), Appellant must first file any claims related to these facilities with the appropriate contracting officers. Under the Act, the contracting officer must issue final decisions, which may then be appealed to this Board or to the Court of Federal Claims. At this time the Board lacks jurisdiction to consider Appellant's additional complaints.

David I. Brochstein

Administrative Judge

Board Member

I concur:

James A. Cohen

Administrative Judge

Chairman

I concur:

James D. Finn, Jr.

Administrative Judge

Vice Chairman