March 31, 1995

Appeal of

ELMER KRUEGER

Under Contract No. HCR 68730

PSBCA No. 3502

APPEARANCE FOR APPELLANT:

Elmer Krueger

APPEARANCE FOR RESPONDENT:

Gregg R. Sackrider, Esq.

OPINION OF THE BOARD ON MOTION FOR RECONSIDERATION

            Appellant has filed a Motion For Reconsideration of the Board's November 17, 1994 decision, Elmer Krueger, PSBCA No. 3502,   BCA , which denied his appeal.  In support of his motion Appellant contends that Respondent's solicitation for the contract services subsequently awarded to him was deficient in omitting a "Table of Driver Disqualifications", which table was the basis for declaring Appellant ineligible to operate his contract vehicle for a period of six months.  Although afforded an opportunity to respond to Appellant's motion, Respondent did not do so.

            Appellant's argument was thoroughly considered in the Board's decision.  Therein we stated that "[e]ven if Appellant knew of the contents of the 'Table of Driver Disqualifications,' his bid price or his election to bid most probably would not have changed as Appellant believed he had only three violations."  We further stated that Appellant, not Respondent, had the obligation to ascertain the correct number of traffic violations which Appellant had incurred.  Finally, we stated that Appellant bore the risk of relying on an incorrect motor vehicle report which he had submitted with his bid.

            Appellant's Motion for Reconsideration constitutes an obvious disagreement with the Board decision.  However, Appellant has shown no factual or legal error which would require the Board to change its decision.  B.C. Topps, d/b/a B.C. Topps Transport, PSBCA No. 2241, 89-2 BCA ¶ 21,764.  The Motion for Reconsideration is denied.

James D. Finn, Jr.

Administrative Judge

Vice Chairman

I concur:

James A. Cohen

Administrative Judge

Chairman

I concur:

Norman D. Menegat

Administrative Judge

Board Member