CBCA 2516-R

Rafael Portillo

May 15, 2012Judge SomersGENERAL SERVICES ADMINISTRATION
Not published in the listingRuled on a motion

Key Facts

Appellant
Rafael Portillo
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Somers
Case number
CBCA 2516-R
Decided
May 15, 2012The decision states May 15, 2012 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Ruled on a motion
Consequently, the motion for reconsideration is DENIED.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

Real property leasesProcedure and sanctions

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions. They are ordered strongest first.

Appearances

For the appellant (pro se)
Rafael Portillo
Tracy, CA
For the respondent
Jay N. Bernstein
Office of General Counsel, General Services Administration
Washington, DC
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision3 pages, 3,894 characters, read from the Board's own documentDecided May 15, 2012 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

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Agency FAR supplements1

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MOTION FOR RECONSIDERATION DENIED: May 15, 2012

CBCA 2516-R

RAFAEL PORTILLO,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.

Rafael Portillo, pro se, Tracy, CA.

Jay N. Bernstein, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges SOMERS, POLLACK, and GOODMAN.

SOMERS, Board Judge.

In the case of Rafael Portillo v. General Services Administration, CBCA 2516, 12-1 BCA ¶ 34,925, we denied Rafael Portillo’s (appellant) appeal and held that the agency had complied with the terms of the lease agreement. Appellant now seeks reconsideration of the Board’s decision. Familiarity with that decision is presumed.

Board Rule 26 (48 CFR 6101.26 (2011)) provides that reconsideration may be granted for any of the reasons stated in Rule 27(a), which include, among other things, newly discovered evidence which could not have been earlier discovered through due diligence, fraud, misinterpretation, or other misconduct of an adverse party, or excusable mistake. 2 CBCA 2516-R

Pursuant to our Rules, “[a]rguments already made and reinterpretations of old evidence are not sufficient grounds for granting reconsideration.” Springcar Co. v. General Services Administration, CBCA 1310-R, et al., 10-2 BCA ¶ 34,534, at 170,332; see also Oregon Woods, Inc. v. Department of the Interior, CBCA 1072-R, 09-1 BCA ¶ 34,063, aff’d sub nom. Oregon Woods, Inc. v. Salazar, 355 F. App’x 403 (Fed. Cir. 2009); Beyley Construction Group Corp. v. Department of Veterans Affairs, CBCA 5-R, et al., 08-1 BCA ¶ 33,784; Tidewater Contractors, Inc. v. Department of Transportation, CBCA 50-R, 07-2 BCA ¶ 33,618.

Reconsideration is not a vehicle for retrying a case or introducing arguments that have been made previously. Ryll International, LLC v. Department of Transportation, CBCA 1143-R (May 1, 2012); Confederated Tribes of Coos, Lower Umpqua & Siuslaw Indians v. Department of Health and Human Services, CBCA 237-ISDA-R, 10-2 BCA ¶ 34,476, at 170,043. Whether to grant a request for reconsideration is wholly within the discretion of the Board. Beyley, 08-1 BCA at 167,203 (citing Flathead Contractors, LLC v. Department of Agriculture, CBCA 118-R, 07-2 BCA ¶ 33,688).

Appellant asserts that Supplemental Lease Agreement (SLA) number six “does not include any language which allows the government to terminate the lease,” that the clause extending the lease for a “one year (1), six (6) month firm term” should be interpreted to mean a firm term of eighteen months, that the lease does not clearly specify whether the firm term is for one year or for six months, and that termination is not clearly specified. In our decision, we considered these arguments and determined that appellant’s interpretation was “contrary to the plain and unambiguous terms of the lease agreement,” concluding that the General Services Administration (GSA) fully complied with the terms of the lease. Appellant argues, for the first time, that appellant had “no choice” in executing SLA number six because GSA “wanted me to do the supplemental lease agreement rightaway [sic].” In addition, appellant disputes GSA’s assessment of back rent and alleges that GSA officials failed to return appellant’s phone calls. Appellant’s belated conclusion that additional arguments might have been made or other evidence might have been highlighted is not a basis for the Board to allow reconsideration. Mitchell Enterprises, Ltd. v. General Services Administration, CBCA 402-R, 07-2 BCA ¶ 33,644.

_______________________________

_____________________________ ______________________________

3 CBCA 2516-R

Decision

Appellant has given us no reason to reconsider our decision. Consequently, the motion for reconsideration is DENIED.

JERI KAYLENE SOMERS

Board Judge

We concur:

HOWARD A. POLLACK

Board Judge

ALLAN H. GOODMAN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Rafael Portillo, CBCA 2516-R. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.

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