ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of— )
)
Paradigm II, LLC, d/b/a JB Carpet & ) ASBCA No. 55849
Upholstery Care )
)
Under Contract No. W911RX-05-D-0013 )
APPEARANCE FOR THE APPELLANT: Mr. James L. Bolden, Jr.
Managing Member
APPEARANCES FOR THE GOVERNMENT: Raymond M. Saunders, Esq.
Army Chief Trial Attorney
CPT Tudo N. Pham, JA
Trial Attorney
OPINION BY ADMINISTRATIVE JUDGE PAUL
ON APPELLANT'S MOTION FOR RECONSIDERATION
On 8 June 2012, the Board denied Paradigm II, LLC's (Paradigm) certified claim
in an amount of $128,952.80 for breach of contract damages, unrealized anticipated profit
and unabsorbed overhead damages. 12-2 BCA ^f 35,067. Familiarity with that decision
is presumed. On 6 July 2012, Paradigm filed a timely motion for reconsideration to
which the government has responded. Paradigm has not filed a reply brief.
In order to prevail on its motion, Paradigm must establish a compelling reason
for us to modify the original decision. In determining if that standard has been met,
the Board looks to see whether there is newly discovered evidence, mistakes in the
findings of fact or errors of law. American AquaSource, Inc., ASBCA No. 56677, 10-2
BCA If 34,590; SplashNote Systems, Inc., ASBCA No. 57403, 12-1 BCA \ 35,003. A
review of Paradigm's motion demonstrates that it has not presented any newly discovered
evidence. In fact, the only "new evidence" which Paradigm includes with its motion is a
pre-performance checklist sheet, dated 11 May 2005 (ex. A), which the government
provided to it at the beginning of contractual performance. This document has been in
Paradigm's files for over seven years and cannot be construed as "newly discovered
evidence."
In its brief, Paradigm once again argues that it never rejected any delivery orders.
But its unsworn allegations were rebutted at the hearing by the sworn testimony of
Mr. Sandy Walker, the chief ofjob order contracting at Fort Riley, Kansas. 12-2 BCA
^| 35,067 at 172,258. We, thus, reject Paradigm's attempt to reargue this-and several
other-issues.

CONCLUSION
We have reconsidered our decision and reaffirm it.
Dated: 20 September 2012
MICHAEL T. PAUL
Administrative Judge
Armed Services Board
of Contract Appeals
I concur
- , ^T- ... ,
MARK NT STEMPLER
Administrative Judge
Acting Chairman
Armed Services Board
of Contract Appeals
I concur
EUNICE W. THOMAS
Administrative Judge
Vice Chairman
Armed Services Board
of Contract Appeals
I certify that the foregoing is a true copy of the Opinion and Decision of the
Armed Services Board of Contract Appeals in ASBCA No. 55849, Appeal of Paradigm
II, LLC, d/b/a JB Carpet & Upholstery Care, rendered in conformance with the Board's
Charter.
Dated:
CATHERINE A. STANTON
Recorder, Armed Services
Board of Contract Appeals