Appeal of

FRANKLIN WILBORN

PSBCA No. 6260

Under Contract No. HCR 606PG

APPEARANCE FOR APPELLANT:
Franklin Wilborn

APPEARANCE FOR: RESPONDENT:
Morgan E. Rehrig, Esq.
Office of the General Counsel
United States Postal Service
475 L'Enfant Plaza SW
Washington, DC 20260-1127

OPINION OF THE BOARD ON MOTION TO DISMISS

            Appellant, Franklin Wilborn, appealed the contracting officer’s determination not to renew his mail transportation contract with the Postal Service.  Respondent filed a motion to dismiss the appeal, contending that the Board does not have subject matter jurisdiction over appeals of Respondent’s failure to renew its mail transportation contracts.

            This contention is incorrect.  Ample precedent establishes that the Board has jurisdiction to address Respondent’s decision not to renew a mail transportation contract.  See, e.g., Nova Express, PSBCA Nos. 5102, 5204, 5206, 08-1 BCA ¶ 33,763; Tab Distributors, Inc., PSBCA No. 4134, 99-1 BCA ¶ 30,110; Shorthaul Trucking Co., PSBCA No. 1046, 1985 WL 16706 (P.S.B.C.A.), June 18, 1985; James B. Hewette, PSBCA No. 1060, 83-1 BCA ¶ 16,168.^[1]

            Respondent’s motion to dismiss is denied.

Norman D. Menegat
Administrative Judge
Board Member

I concur:                                                          I concur:
William A. Campbell                                         David I. Brochstein
Administrative Judge                                      Administrative Judge
Chairman                                                         Vice Chairman

[1] Respondent has cited pre-Contract Disputes Act decisions of the Board in support of its motion.  In later decisions, the Board specifically noted that the Contract Disputes Act expanded the Board’s jurisdiction and concluded that the decisions Respondent relies upon no longer describe the authority of the Board to address Postal Service decisions not to renew a mail transportation contract.  See Associated Transfer and Storage, PSBCA No. 1058, 83-1 BCA ¶ 16,138; Shorthaul Trucking Co., PSBCA No. 1046, 1985 WL 16706 (P.S.B.C.A.), June 18, 1985.