April 13, 1999

Appeal of

 

RICHARD R. WILSON

 

Under Contract No. HCR 33965

PSBCA No. 4104

 

APPEARANCE FOR APPELLANT:

Richard R. Wilson

 

APPEARANCE FOR RESPONDENT:

Larry Donell Blanchard, Esq.

 

OPINION ON MOTION FOR RECONSIDERATION

 

            Appellant held a contract with Respondent to deliver mail to customers’ mailboxes along a route in LaBelle, Florida. Throughout the contract period, Respondent’s officials required him to perform extra service not required by his contract.  In Richard R. Wilson, PSBCA No. 3469, 96-2 BCA  28,366, recon. denied, 98-1 BCA  29,499, the Board found Respondent to have breached the contract and Appellant to be entitled to recover his damages resulting from this breach.

The matter was remanded to the parties to negotiate quantum, but they were unable to do so, and this appeal of the quantum issue, docketed as PSBCA No. 4104, followed.  On January 14, 1999, the Board issued its Opinion on quantum, Richard R. Wilson, PSBCA No. 4104, 99-1 BCA  30,212, and awarded Appellant Contract Disputes Act interest on the award.  Appellant has now asked for reconsideration of the January 14 Opinion, taking issue with the Board’s determination that interest commenced on April 9, 1993, the date Appellant submitted a claim to the contracting officer.  Appellant argues that interest should have been awarded from an earlier date, offering five events or documents as alternative starting dates for interest:

1.  Shortly after the award of the contract in mid-1989, Appellant made oral complaints and inquiries about the requirement that he perform extra-contractual service.

2.  In an April 5, 1990 letter to the contracting officer, Appellant asked whether a certain Postal Service Handbook applied to his contract (Appellant’s Supplement to Appeal File in PSBCA No. 3469, Document 1.a).

3.  In an August 22, 1991 letter to the contracting officer, Appellant complained about being required to perform certain delivery service, and asked whether there was a limit on the uncompensated miles he could be required to drive.  He also asked whether the Postal Service provided insurance should he or his substitute driver be injured on the job.  (Appellant’s Supplement to Appeal File in PSBCA No. 3469, Document 1.d).

4.  In a March 20, 1992 letter to the contracting officer, Appellant again asked whether the Postal Service Handbook applied to his contract and complained about being required to perform what he considered to be extra service (Appellant’s Supplement to Appeal File in PSBCA No. 3469, Document 1.e.4).

5.  Finally, Appellant asserts that Respondent’s failure to respond to his complaints about the extra-contractual service for over three years entitles him to interest.

Items 1 and 5, above, involve no written request to the contracting officer.  Contract Disputes Act interest only begins to run from the date the contracting officer receives a written claim.  41 U.S.C. §§605 (a), 611; Servidone Constr. Corp. v. United States, 931 F.2d 860 (Fed. Cir. 1991);  Vienna/Vienna, PSBCA Nos. 2505, 2816, 92-3 BCA ¶ 25,042.  Additionally, the letters described in items 2, 3 and 4, although written, are not claims.  None of the letters identifies itself as a claim, clearly commits a precise issue to the contracting officer for decision, seeks a specific sum of money or requests a contracting officer’s final decision.  Thus, these letters do not constitute claims sufficient to start the running of Contract Disputes Act interest on the amount eventually awarded to Appellant.  See Vienna/Vienna, PSBCA Nos. 2505, 2816, 92-3 BCA ¶ 25,042;  Wayne R. Hilf, PSBCA No. 2800,   91-1 BCA 23,628.  Because Appellant has identified no claim earlier than April 9, 1993, he has provided no basis for reconsidering the decision.

Appellant has not submitted any previously-unavailable or newly-discovered evidence or shown any factual or legal errors which would warrant changing our decision.  See Montgomery-Ross-Fisher, Inc., PSBCA No. 1096, 84-3 BCA  17,607.

The motion for reconsideration is denied.

Norman D. Menegat

Administrative Judge

Board Member

 

I concur:

James A. Cohen

Administrative Judge

Chairman

 

I concur:

David I. Brochstein

Administrative Judge

Vice Chairman