____________________________________________ RECONSIDERATION DENIED: January 6, 1998 _____________________________________________ GSBCA 13889-R CWI CONSULTANTS & SERVICES, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Van Clayton Lockwood, President of CWI Consultants & Services, Decatur, GA, appearing for Appellant. Robert C. Smith, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges DANIELS (Chairman), PARKER, and NEILL. PARKER, Board Judge. On November 21, 1997, the Board dismissed for lack of jurisdiction CWI Consultants & Services' appeal of the General Services Administration's (GSA's) termination for default of CWI's contract for janitorial services. The Board found that CWI received the GSA contracting officer's decision terminating the contract on June 28, 1996, but failed to file its notice of appeal within the statutory ninety-day period. CWI filed its notice of appeal on September 27, 1996, ninety-one days after receiving the decision. CWI Consultants & Services v. General Services Administration, GSBCA 13889 (Nov. 21, 1997). CWI requests that the Board reconsider its decision. CWI argues that, because the termination decision was received by CWI after 4:30 p.m. on Friday, June 28, after the Board's clerk's office had closed for the weekend, pursuant to Board Rule 102(c) the first day of the period for filing an appeal from that decision would have been Monday, July 1. Thus, according to CWI, the company had until Saturday, September 28 to file its appeal. Discussion CWI misreads the rule. Board Rule 102(c) provides as follows: Except as otherwise required by law, in computing a period of time prescribed by these rules or by order of the Board, the day from which the designated period of time begins to run shall not be counted, but the last day of the period shall be counted unless that day is (i) a Saturday, a Sunday, or a federal holiday, or (ii) a day on which the office of the Clerk of the Board is required to close earlier than 4:30 p.m., or does not open at all, as in the case of inclement weather, in which event the period shall include the next working day. . . . When the period of time prescribed or allowed is 11 days or more, intervening Saturdays, Sundays, and federal holidays shall be counted. Under this rule, the time period in which CWI could have appealed GSA's decision began to run on Saturday, June 29, 1996 - - the day following CWI's receipt of the decision. The fact that the Board's clerk's office was closed when CWI received the decision is irrelevant -- the decision was received by CWI on Friday, June 28. The time period could begin on a Saturday because, when the period of time prescribed is eleven days or more (here, it was ninety days), intervening Saturdays, Sundays and federal holidays are counted. If the last day of the period had fallen on a Saturday, Sunday, or federal holiday, or on a day in which the Board was closed, Rule 102(c) would have permitted CWI to file its notice of appeal on the next working day. Here, however, the ninetieth and last day for filing the appeal fell on Thursday, September 26. Because the appeal was not filed until Friday, September 27, the Board lacked jurisdiction to consider it. 41 U.S.C. 606 (1994). Decision The motion for reconsideration is DENIED. ________________________ ROBERT W. PARKER Board Judge We concur: ________________________ ________________________ STEPHEN M. DANIELS EDWIN B. NEILL Board Judge Board Judge