May 14,1997

Appeal of

DALE W. MAXWELL

Under Contract No. HCR 58374

PSBCA No. 3886

APPEARANCE FOR APPELLANT:

Dale W. Maxwell

APPEARANCE FOR RESPONDENT:

Christopher W. Zadina, Esq.

OPINION OF THE BOARD ON MOTION FOR RECONSIDERATION

Appellant has filed a motion requesting that the Board reconsider its decision in Dale W. Maxwell, PSBCA No. 3886, (slip op., March 3, 1997).  Although provided an opportunity to respond to Appellant’s motion, Respondent did not do so.

In our original Opinion, we held that the contracting officer’s decision to terminate the contract for default was proper because of Appellant’s abandonment of performance and his failure to offer any evidence to excuse his abandonment.  We further held that Respondent had made a prima facie case of reasonably mitigating the excess costs of reprocurement, which was not challenged in any way by Appellant and, therefore, upheld the assessment of reprocurement costs against Appellant.  In his motion, Appellant argues that in so deciding, we ignored his allegations of coercion, prejudice, discrimination and harassment on the part of the postmaster against him.

Appellant’s motion for reconsideration essentially repeats the same unsupported contentions he made in connection with our earlier consideration of this appeal.  Since Appellant has failed to provide any factual or legal basis which would require the Board to change its decision, we affirm our earlier decision.  B.C. Topps, d/b/a B.C. Topps Transport, PSBCA No. 2241, 89-2 ¶ 21764.  Appellant’s motion for reconsideration is denied.    

William K. Mahn

Administrative Judge

Board Member

I concur:

James A. Cohen

Administrative Judge

Chairman

I concur:

David I. Brochstein

Administrative Judge

Vice Chairman