Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
                                                            
 
                              May 15, 1998
                                                           
 
 
                            GSBCA 14252-RELO
 
 
                    In the Matter of RAMIRO RAMIREZ
 
 
        Ramiro Ramirez, Huntsville, AL, Claimant.
 
        Don  B.  Hankins,  Chief, Legal  Services  Division,  United
   States Army Aviation and  Missile  Command, Redstone Arsenal, AL,
   appearing for Department of the Army.
 
   GOODMAN, Board Judge.
 
        On April  8, 1998, this  Board issued a decision  which held
   that   claimant  was  entitled  to  courier,  express  mail,  and
   facsimile fees  incurred during  the sale of  his residence.   We
   found entitlement to  reimbursement pursuant  to   JTR C14002-A.6
   as  necessary "incidental charges  made for required  services in
   selling . . . residences." 
    
        The  agency   has  filed  a   request  for  reconsideration,
   asserting that "[t]he  record is devoid of any  evidence that the
   charges in  dispute  were required  by  the lender  or  otherwise
   imposed  on Mr.  Ramirez as part  of the  residence sale/purchase
   process. . . . In summary, facts presented . . . do not show that
   the express mail,  courier, and facsimile services  were used for
   any  reason other  than the  convenience of  the claimant."   The
   agency   has  also  set  forth  a   detailed  legal  argument  on
   reconsideration which  it did  not raise during  the pendency  of
   this matter, even though the Board made several written inquiries
   to the parties. 
 
        Claimant has filed  a response to  the agency's request  for
   reconsideration which provides additional support for our earlier
   conslusion that the costs incurred  were necessary not simply for
   his convenience:
 
        How else can  an individual ensure legal  document gets
        from one place to the other except through some sort of
        mail delivery? 
 
        For the record, the courier fees, express mail fees and
        facsimile  fees were  imposed on  me  by the  buyer[']s
 
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        mortgage lender or  were required to ensure  timely and
        secure delivery of  legal documents. . . .  In my case,
        they  were  actually  used, not  for  convenience,  but
        because they were required to do business.
 
        The agency has not raised  a basis for reconsideration.  The
   disputed  charges were necessary  and made for  required services
   under the regulation cited.
    
 
 
 
                                      __________________________
                                      ALLAN H. GOODMAN
                                      Board Judge