April 30, 1999

Appeal of

RELLEN H. CLARK

Under Contract Nos. HCR 32017 and 32060

PSBCA Nos. 4096 & 4097

APPEARANCE FOR APPELLANT:

Rellen H. Clark

APPEARANCE FOR RESPONDENT:

Larry Donell Blanchard, Esq.

OPINION OF THE BOARD ON MOTION FOR RECONSIDERATION

            Appellant has filed a letter that the Board is treating as a motion for reconsideration of the Board’s Opinion denying the appeals of Rellen H. Clark, PSBCA Nos. 4096 and 4097 (January 15, 1999).

            Under the Board’s rules, motions for reconsideration are to be filed within 30 days of the date of receipt of a copy of the Board’s decision.  39 C.F.R. §955.30.  In this instance, Appellant received the Board’s decision on January 22, 1999, as evidenced by the certified mail receipt returned to the Board.  Appellant’s motion was dated March 27, 1999, and received by the Board on March 30, 1999.  The motion does not suggest any good cause for extending the period in which to file for reconsideration and is, therefore, untimely.

            Nevertheless, we have considered the merits of the motion but find nothing therein which persuades us to change our earlier decision.  In her motion Appellant argues that we did not “investigate the facts presented by Appellant.”  However, with the exception of submitting her Complaint, Appellant did not submit any evidence in these appeals.  Therefore, our decision was based on the evidence in the appeal file and supplemental evidence submitted by Respondent.

            We have reviewed our findings of fact and application of law, and we are satisfied that our Opinion is correct.  Appellant, as the contractor, was responsible for the actions of her employees, and the decision of the contracting officer to terminate Appellant’s contracts for default because of the theft of mail by Appellant’s employees was entirely justified.  See Kevin Wagoner, PSBCA No. 3993, 97-2 BCA ¶ 29,056 and cases cited therein.

            Appellant has not offered any previously unavailable evidence or shown any factual or legal errors which would warrant changing our decision.  See B.C. Topps d/b/a Topps Transport, PSBCA No. 2241, 89-2 BCA ¶ 21,764.  Accordingly, Appellant’s motion for reconsideration is denied[1].

William K. Mahn

Administrative Judge

Board Member

I concur:

James A. Cohen

Administrative Judge

Chairman

I concur:

David I. Brochstein

Administrative Judge

Vice Chairman

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[1]  In the letter, Appellant also requests “information as to what other actions [she] may pursue and the time frame.”  Under the Contract Disputes Act of 1978, as amended, a party may appeal an adverse decision of a board of contract appeals to the United States Court of Appeals for the Federal Circuit within 120 days after receipt of a copy of the board’s decision.  41 U.S.C. §607(g)(1)(A)&(B).