Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
                                                                     
                                                              
 
       REVERSED AS TO QUANTUM ON RECONSIDERATION: April 27, 1999
                                                                     
                                                              
 
 
                             GSBCA 14639-R
 
 
                           TWIGG CORPORATION,
 
                                                Appellant,
 
                                   v.
 
                    GENERAL SERVICES ADMINISTRATION,
 
                                                Respondent.
 
        Fred  A. Mendicino  of Watt,  Tieder,  Hoffar &  Fitzgerald,
   L.L.P., McLean, VA, counsel for Appellant.
 
        Kathleen M.  McCartney, Office of Regional  Counsel, General
   Services Administration, Washington, DC, counsel for Respondent.
 
   Before Board Judges DANIELS (Chairman), NEILL, and GOODMAN.
 
   DANIELS, Board Judge.
 
        We granted a  motion by the General  Services Administration
   (GSA), respondent, to reconsider our decision in this case, Twigg
   Corp. v. General  Services Administration, GSBCA 14639,  99-1 BCA
     30,217.  In so doing, we  reaffirmed the portion of the opinion
   regarding the contractor's entitlement to an equitable adjustment
   of the  contract  price, but  required Twigg  to demonstrate  the
   existence of certain  evidence as a  precondition to recovery  of
   any  specific amount.   GSA  had initially  not commented  on the
   evidence  Twigg  had  presented,  and   we  had  relied  on  that
   uncontested evidence in awarding the contractor the amount it had
   sought.  When, in asking for reconsideration, GSA  questioned the
   basis of the  award, we became  concerned that a  finding we  had
   made  was not soundly premised  and that the  award may have been
   unjust.    We consequently  reopened  the  record to  accept  the
   evidence   in  question,  which   relates  to  whether   a  Twigg
   subcontractor,  Walker/Seal Joint  Venture,  included in  its bid
   price  any  contingency  for  having  to  pay  higher  wages  and
   benefits.   Twigg Corp. v. General Services Administration, GSBCA
   14639-R (Mar. 23, 1999).
 
 
        In response  to a  Board order regarding  the submission  of
   this  evidence, the contractor  responded that the  estimator who
   prepared Walker/Seal's bid  papers is no longer  employed by that
   company, and  the  subcontractor has  been unable  to find  those
   papers or to determine otherwise how the labor portion of the bid
   was constructed.  Twigg further stated:
 
        Walker  Seal understands that  this leaves them  in the
        unfortunate  position  of  being unable  to  prove  the
        damages they are seeking in this appeal consistent with
        this    Board's     requirements.         Nevertheless,
        notwithstanding Walker  Seal's inability to  receive an
        award of damages from the GSBCA [General Services Board
        of  Contract Appeals],  Walker Seal  believes that  the
        Board's reasoning concerning the entitlement issues  in
        this  matter is  an  important  statement  of  the  law
        regarding the  application of  the  Davis-Bacon Act  to
        union contractors.
 
                                Decision
 
        Because the contractor is now  unable to prove any  damages,
   on reconsideration, our decision in this case must be REVERSED AS
   TO QUANTUM.  Although the contractor prevailed as to entitlement,
   in a portion of  the original opinion which remains  good law, it
   may not recover any of the damages sought.
 
                                      _________________________
                                      STEPHEN M. DANIELS
                                      Board Judge
 
   We concur:
   _________________________               _________________________
   EDWIN B. NEILL                     ALLAN H. GOODMAN
   Board Judge                             Board Judge