Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

                            _______________

 

                            January 10, 2001

                            _______________

 

 

                            GSBCA 15343-RELO

 

 

                   In the Matter of LARRY D. GATEWOOD

 

 

        Larry D. Gatewood, King George, VA, Claimant.

 

        Marguerite  O.  Dineen,  Assistant  Counsel,  Naval  Surface

   Warfare  Center,  Dahlgren  Division,  Department  of  the  Navy,

   Dahlgren, VA, appearing for Department of the Navy.

 

   GOODMAN, Board Judge.

 

        Claimant,  Larry D.  Gatewood,  requests reconsideration  of

   this Board's decision dated November  28, 2000.  In that decision

   we held that he was not entitled to certain real  estate expenses

   incurred in  the sale  of his  residence,  as the  agency made  a

   reasonable determination that  the claimant's property  contained

   land in excess of that  which reasonably relates to the residence

   site.  The record contained evidence as to the agency's valuation

   of the residence and excess land, and the Board  relied upon that

   evidence  to ascertain whether  the agency's determination  as to

   the   valuation  of  the   residence  and  excess   property  was

   reasonable.

 

        In support  of  his request  for  reconsideration,  claimant

   states:

 

        In my original  claim . . .   I contested  in principle

        the agency's determination  that my property  contained

        land  in excess  of  what  reasonably  relates  to  the

        residence.   However,  the Board  in  its decision  has

        ruled that  the property did contain land  in excess of

        what reasonably relates to the residence.

 

        I now request  reconsideration of the valuation  of the

        land  reasonably  related  to  the  residence  and  the

        calculation  of the  pro rata  percentage.   The  Board

        should consider  this request based upon two additional

        exhibits that support a more appropriate  valuation and

        pro  rata  calculation:  (1) an  email  from  the local

        agency  reviewer at  NSWC  Crane (Pedro  DeJesus) dated

 

        July  12, 1999  and  (2) an  appraisal  of the  subject

        property by Gilbert Mordoh dated August 17, 1994.

 

        Claimant now seeks to have  the Board review its decision as

   to the relative valuation of the residence and the land  which is

   reasonably  related to it, on  the one hand,  and excess land, on

   the  other.    Claimant  had  offered  arguments  on  this  issue

   previously,   and   now  offers   additional   documentation  and

   arguments,  even  though  he  had  ample  opportunity  to  submit

   documentation  and  present  the  arguments  in  support  of  his

   alternative   calculation   before   the   record   was   closed.

   Information in  the possession of  the claimant which  could have

   been   submitted  previously   is  not  sufficient   grounds  for

   reconsideration.   Mary Ann Wilson,  GSBCA 14300-TRAV, 98-2 BCA  

   30,039.   Mere  disagreement  with a  decision  or reargument  of

   points  already  made  is  not a  sufficient  ground  for seeking

   reconsideration.  Board Rule 407;  Robert L. Douglass, Jr., GSBCA

   14965-RELO, 00-1  BCA   30,880.   Even if  this were not  so, the

   information presented now  does not help claimant's  position and

   therefore would  not change our  decision.  The message  from Mr.

   DeJesus suggests that an apportionment of costs be made, but does

   not  contain  any  basis  for  making  the  apportionment.    The

   appraisal by Mr.  Mordoh is out of  date (it was made  four years

   before  the property  was sold),  and it  does not  show separate

   values for land associated with  the residence and other parts of

   the property. 

 

        The request for reconsideration is denied.

 

                                      ___________________________

                                      ALLAN H. GOODMAN

                                      Board Judge