International Automotriz

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of -- )

)

International Automotriz ) ASBCA No. 59665

)

Under Contract No. W912QM-13-P-0075 )

APPEARANCE FOR THE APPELLANT: Sra. Doris Elizabeth L. Sibrian

Owner

APPEARANCES FOR THE GOVERNMENT: Raymond M. Saunders, Esq.

Army Chief Trial Attorney

Kyle E. Chadwick, Esq.

Trial Attorney

OPINION BY ADMINISTRATIVE JUDGE NEWSOM ON

APPELLANT'S MOTION FOR RECONSIDERATION

Appellant, International Automotriz, filed a timely motion for reconsideration

of the Board's 16 November 2015 decision denying the appeal. The government has

submitted a response. For the reasons that follow, we deny the motion for

reconsideration.

International Automotriz had been awarded a contract to supply rental vehicles,

which were damaged while in the Army's possession. The government paid an

amount to cover the repair costs plus some funds for lost rental income, but

International Automotriz sought more. The Board denied the appeal because

International Automotriz failed to prove that it is entitled to additional amounts under

any of the potentially-applicable legal standards.

In evaluating a motion to reconsider, an examination is performed into whether

the motion is based upon newly discovered evidence, mistakes in the findings of fact,

or errors of law. "Reconsideration is not intended to provide a party with the

opportunity to reargue its position." Robinson Quality Constructors, ASBCA

No. 55784, 09-2 BCA ii 34,171at168,911.

International Automotriz advances many criticisms of the Board's decision,

but none of its arguments constitutes newly discovered evidence or errors of law.

It disagrees with the Board's factual finding regarding the date upon which the

government made payment to appellant (app. mot. at 3, ii 17). The Board's

finding, however, was supported by a bank record that was introduced by

appellant (app. supp. R4, tab 20), and in any event the exact payment date is

immaterial to the Board's overall holding that International Automotriz did not

prove its damages. International Automotriz, ASBCA No. 59665, 15-1

BCA, 36, 174 at 176,514. International Automotriz also disagrees with the

Board's conclusion that the soldiers who rented the vehicles lacked authority to

comm~t the government to appellant's rental agreement (app. mot. at 1,, 6). The

Board's conclusion was based upon controlling precedent in Trauma Serv. Group

v. United States, 104 F.3d 1321, 1325 (Fed. Cir. 1997), and appellant's argument

does not refute the overall holding that appellant's rental agreement would not

have entitled appellant to damages beyond what has already been paid.

International Automotriz, 15-1BCA,36,174 at 176,513-14.

The remainder of International Automotriz's motion re-asserts arguments it

made previously. Those arguments are no more persuasive now than they were prior

to the Board's decision. Accordingly, the motion is denied.

Finally, in its response to the motion for reconsideration, the government

requests that the Board decide that the common law of bailment does not apply to this

appeal (gov't br. at 1). The Board declined to do so because it was unnecessary to the

result. As is explained in the decision (15-1 BCA, 36, 174 at 176,513), International

Automotriz failed to prove damages under any of the potentially-applicable legal

standards.

Dated: 4 February 2016

Administrative Judge

Armed Services Board

of Contract Appeals

Jco~

I concur

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MAfu<.N.S'fEMPLER

Jjj;-- RICHARD SHACKLEFORD

Administrative Judge Administrative Judge

Acting Chairman Vice Chairman

Armed Services Board Armed Services Board

of Contract Appeals of Contract Appeals

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I certify that the foregoing is a true copy of the Opinion and Decision of the

Armed Services Board of Contract Appeals in ASBCA No. 59665, Appeal of

International Automotriz, rendered in conformance with the Board's Charter.

Dated:

JEFFREY D. GARDIN

Recorder, Armed Services

Board of Contract Appeals

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