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              AFFIRMED ON RECONSIDERATION:  July 10, 1995
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                           GSBCA 12721, 13173
 
 
                            HOMER O. BYERS,
 
                                           Appellant,
 
                                   v.
 
                    GENERAL SERVICES ADMINISTRATION,
 
                                           Respondent.
 
        Adrian  L.  Bastianelli,  III, of  Bastianelli,  Brown,  and
   Touhey, Washington, DC, counsel for Appellant.
 
        Martin A. Hom,  Office of General Counsel,  General Services
   Administration, Washington, DC, counsel for Respondent.
 
   Before Board Judges DEVINE, HYATT, and NEILL.
 
   DEVINE, Board Judge.
 
        Appellant Byers seeks reconsideration of our decision on the
   Government's motion for summary judgment which we earlier denied.
   Byers  complains that  we did  not consider  his defense  that no
   contract came into being because  the Government had not approved
   any of the  three paving  subcontractors that  Byers proposed  to
   employ, as  provided in the  solicitation, before it  awarded him
   the contract.
 
        Byers is correct.   We did not  consider that issue and  now
   remedy that  oversight.   The provision in  question was  for the
   benefit  of   the  Government  and  was  thus   waivable  by  the
   Government.  It  conferred no rights on Byers.  In any event, the
   record shows that Byers was  informed by the contracting officer,
   by telephone on  August 23, 1993, the day  before contract award,
   that all  of Byers' three  proposed paving  contractors had  been
   approved.  Appeal File, GSBCA 12721, Vol. 1, Exhibit 16.
 
                                Decision
 
        We therefore  grant the  motion for  reconsideration of  our
   earlier decision  and amend  the opinion  therein to include  the
   foregoing.
 
 
 
                                           _______________________
                                           DONALD W. DEVINE
                                           Board Judge
   We Concur:
   ______________________                  _______________________
   CATHERINE B. HYATT                      EDWIN B. NEILL
   Board Judge                             Board Judge