OPINION OF THE BOARD

Appellant, Tony G. Ledbetter, has filed a timely appeal of the contracting officer’s decision denying his claim for additional compensation under his mail transportation contract with Respondent, United States Postal Service. The parties elected to have the appeal decided on the record, pursuant to 39 C.F.R. §955.12.

FINDINGS OF FACT

1. On July 6, 1994, Appellant was awarded Contract No. HCR 61514, at an annual rate of $41,857.62, for the transportation of mail between Peoria and the Rock Island, Illinois P&DC. The contract commenced on July 23, 1994, and was to end on June 30, 1998. (Appeal File Tab (AF) B).

2. The contract specifications (as contained in the solicitation to bidders) included a Statement of Service that set forth the contract schedule, route, and estimated daily (194.5) and annual (71,041.1) mileage. The specification also included the following notice:

“The estimated annual miles and per trip miles are given only as information. Prior to submitting a bid, the bidder should determine the actual miles. (For additional information see PS Form 7469, Section D (Special Notices) Item No. 1).” (AF B).

3. Section D of PS Form 7469, which was part of the solicitation and included in the contract, provided as follows:

“The distance stated in this solicitation is believed to be substantially correct. The pay will neither be increased or decreased if the actual distance is greater or less than advertised, if the points to be supplied are correctly stated. No claim for additional pay can be allowed which is based on alleged mistakes or misapprehensions as to the length of the route.” (AF B).

4. On September 12, 1997, the route’s terminal point was changed from Rock Island to the Quad Cities, Illinois P&DF, a location that was 8.8 miles closer to the beginning point of the route in Peoria, Illinois (Complaint).

5. In October 1997, a renewal route survey was performed by Respondent using Quad Cities as the route’s end point. This survey found that the roundtrip between Peoria and Quad Cities was 194.7 miles (Complaint).

6. On September 20, 1998, Appellant filed a claim with the contracting officer seeking compensation for driving an additional 18.4 miles per day roundtrip over and above the estimated 194.5 daily mileage listed in his contract. Appellant sought compensation from the date of contract award on July 23, 1994, to September 12, 1997, the day the terminal point was changed from Rock Island to Quad Cities (AF D).

7. By final decision dated October 29, 1998, the contracting officer denied the claim, reminding Appellant that the solicitation stated that mileage was an estimate only and could not form the basis for compensation (AF A).

8. On January 27, 1999, Appellant filed a timely appeal of the final decision (Notice of Appeal).

DECISION

Appellant argues that he was misled by the contract’s estimated mileage figures and deserves compensation for the additional mileage he drove during the period prior to the change in terminal point. Respondent argues that the points to be served under the contract remained unchanged during the period covered by Appellant’s claim and that it was incumbent on Appellant to determine the mileage for himself prior to bidding.

We find no merit to Appellant’s claim. Appellant does not dispute that the points to be served on the route remained unchanged during the period covered by his claim. Although there may have been an error in the estimated daily roundtrip mileage indicated in his contract, the specifications warned Appellant that the mileage estimates were provided for information only and that Appellant should determine for himself the actual mileage (Finding of Fact No. (FOF) 2). Moreover, the contract clearly warned Appellant that his “pay [would] neither be increased or decreased if the actual distance is greater or less than advertised, if the points to be supplied are correctly stated” (FOF 3). See Betty C. Tweet, PSBCA No. 4081, 98-1 BCA ¶ 29353, recon. denied 98-1 BCA ¶ 29,624, 98-1 BCA ¶ 29,773.

Accordingly, the appeal 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