February 6, 1996

Appeal of

DINAH WOLVERTON PERKINS

Under Contract No. HCR 85684

PSBCA No. 3691

APPEARANCE FOR APPELLANT:

Dinah Wolverton Perkins

APPEARANCE FOR RESPONDENT:

Robyn M.A. Sembenini, Esq.

OPINION OF THE BOARD ON MOTION FOR RECONSIDERATION

Appellant has filed a motion requesting that the Board reconsider its decision, Dinah Wolverton Perkins, PSBCA No. 3691, 95-2 BCA ¶ 27,670, denying her appeal of the default termination of her mail delivery contract.

In her motion, Appellant challenges or offers additional comments on many of the factual findings made by the Board.  Even if accepted as true, Appellant's challenges do not go to the primary basis for the Board's denial of her appeal -- that is, Appellant's unexcused failure, after more than 60 days of performance, to comply with the delivery schedule set out in the contract.  Appellant reiterates her earlier contentions that she was not given the training required for her to successfully perform the contract and that she was hindered in her performance by the postmaster.  However, those contentions and others raised in the motion were considered by the Board in arriving at its original decision and were found not to constitute an excuse for Appellant's failure to perform in accordance with the schedule.

We have considered the arguments made by Appellant in her motion but conclude that they do not provide a basis for us to modify the conclusions that we reached in our earlier Opinion.  Accordingly, the motion is denied and our Opinion is affirmed.

David I. Brochstein

Administrative Judge

Board Member

I concur:

James A. Cohen

Administrative Judge

Chairman