Appeal of
FRANK BAIAMONTE

Under Contract Nos. HCR 863C5 and HCR 863D8

PSBCA No. 5274

APPEARANCE FOR APPELLANT:
Frank Baiamonte

APPEARANCE FOR RESPONDENT:
Gary E. Shapiro, Esq.
United States Postal Service

OPINION OF THE BOARD ON MOTION FOR RECONSIDERATION

            Appellant has filed a timely motion seeking reconsideration of the Board’s Opinion of June 1, 2007, Frank Baiamonte, PSBCA No. 5274, 07-2 BCA ¶ 33,587, in which the Board dismissed this appeal for lack of jurisdiction.  In its Opinion, the Board held that it lacked jurisdiction over the appeal since the underlying dispute related to a contract to which Appellant was not a party.  Familiarity with that Opinion is assumed.  Respondent opposes the motion.

            In this motion, Appellant continues to argue that the award of a mail transportation contract to the “86367 contractor” was improper and that the contract should have been terminated for default because that contractor’s vehicle did not comply with the contract requirements.  Appellant also continues to argue that he would have been next in line to receive the contract had the 86367 contract been terminated.

            As noted in the Board’s June 1, 2007 Opinion, these arguments relate only to the award and administration of the 86367 contract – a contract to which Appellant is not a party and, therefore, a contract with respect to which Appellant is not a contractor.  Therefore, the Board rejected Appellant’s arguments and concluded that Appellant did not have standing to pursue a Contract Disputes Act claim relating to that contract.  Repeating arguments made and considered in connection with the original Opinion does not provide a basis for reconsideration.  See The General Store, PSBCA No. 3951, 99-1 BCA ¶ 30,124; Montgomery-Ross-Fisher, Inc., PSBCA No. 1096, 84-3 BCA ¶ 17,607.

            Appellant has not shown any factual or legal errors that would warrant changing the decision, or raised any newly discovered or unavailable evidence that would support reconsideration.  See Gary W. Noble, PSBCA No. 4094, 00-1 BCA ¶ 30,602; Patricia J. Stevens, PSBCA No. 3272, 94-2 BCA ¶ 26,951.  

            Accordingly, Appellant’s motion for reconsideration is denied and the Board’s original Opinion is affirmed.^[1]

David I. Brochstein
Administrative Judge
Vice Chairman

I concur:                                                                      I concur:                                 
William A. Campbell                                                     Norman D. Menegat
Administrative Judge                                                  Administrative Judge
Chairman                                                                    Board Member

[1]  As requested by Appellant, the address of this Board’s appellate authority is:  United States Court of Appeals for the Federal Circuit, 717 Madison Place NW, Washington, DC 20439-0002.