Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
                                                                     
                                    
 
                 RECONSIDERATION DENIED: August 3, 2000
                                                                     
                                    
 
 
                             GSBCA 15363-R
 
 
                           TMD U.S.A., INC.,
 
                                                Appellant,
 
                                   v.
 
                    GENERAL SERVICES ADMINISTRATION,
 
                                                Respondent.
 
        Vincent Schickler, President of TMD U.S.A., Inc., Smithtown,
   NY, appearing for Appellant.
 
        Robert Hoff,  Office  of General  Counsel, General  Services
   Administration, Washington, DC, counsel for Respondent.
 
   Before Board Judges DANIELS (Chairman), NEILL, and HYATT.
 
   DANIELS, Board Judge.
 
        TMD U.S.A.,  Inc., moves us  to reconsider a portion  of our
   decision dismissing for lack  of jurisdiction an appeal  filed by
   TMD.
 
        The case  involved  two  claims, one  for  Equal  Access  to
   Justice  Act  costs and  one  for  "In  Business Damages  due  to
   wrongful suspension and debarment."  The Board  concluded that it
   had jurisdiction over neither matter.
 
        TMD asks  us to reconsider  our determination as to  the "In
   Business  Damages" claim.   We  dismissed this  part of  the case
   because we have no jurisdiction over contractor claims  like this
   one which are for more than $100,000 and were not certified.  TMD
   notes that the Contract Disputes Act provides that "[a] defect in
   the  certification of  a claim  shall not  deprive a court  or an
   agency  board of  contract  appeals  of  jurisdiction  over  that
   claim."  41  U.S.C.   605(c)(6) (Supp.  IV 1998).   TMD has  also
   enclosed with its motion a new claim for "Loss Business Damages,"
   addressed  to  a   General  Services  Administration  contracting
   officer, which is in the same amount as the "In Business Damages"
   claim and contains an appropriate certification.
 
 
        The motion serves only to  demonstrate that TMD has not read
   our  decision  carefully.    We  stated  that  we  do  "not  have
   jurisdiction over appeals involving claims for more than $100,000
   which have not  been certified," and made no  reference to claims
   which were accompanied by defective certifications.   We cited in
   support of  our conclusion a  decision, Keydata Systems,  Inc. v.
   Department  of the Treasury,  GSBCA 14281-TD, 97-2  BCA   29,330,
   which explains  that "we will  decline jurisdiction  over a  case
   involving a claim in excess of $100,000 only if the claim was not
   certified at all,  or if we find that the  certification was made
   in  bad  faith,  fraudulently, or  with  reckless  or intentional
   disregard of the statutory certification requirements."  97-2 BCA
   at 145,824.  TMD's "In  Business Damages" claim was not certified
   at all, so we could not take jurisdiction over the portion of the
   case which involved it.
 
        Our decision also told TMD that "[i]n the event [it] submits
   a  proper certification  to  the  contracting  officer,  and  the
   contracting officer issues a decision  on the claim (or allows so
   much time to lapse  without issuing a decision  that a denial  of
   the claim may be deemed),   [TMD] may timely appeal that decision
   to us.  The appeal would be docketed  separately from this case."
   The  fact  that TMD  has  now submitted  a  certified claim  to a
   contracting officer may have implications for a case which may be
   filed in  the future,  but it  has no  impact  whatsoever on  our
   ability to hear the case which  is the subject of the motion  for
   reconsideration.
 
                                Decision
 
        TMD's motion for reconsideration is DENIED.
 
 
 
                                      _________________________
                                      STEPHEN M. DANIELS
                                      Board Judge
 
   We concur:
   _________________________               _________________________
   EDWIN B. NEILL                     CATHERINE B. HYATT
   Board Judge                             Board Judge