Board of Contract Appeals General Services Administration Washington, D.C. 20405 _________________________ January 14, 2000 _________________________ GSBCA 14581-RELO In the Matter of SHASHIKANT D. NAIK Daniel Feder of the Law Offices of Daniel Feder, San Francisco, CA, appearing for Claimant. Richard A. Findley, Assistant Commander for Corporate Operations, Naval Air Systems Command, Patuxent River, MD, appearing for Department of the Navy. WILLIAMS, Board Judge. Claimant has sought reconsideration of our decision denying reimbursement of real estate expenses incurred in connection with the purchase of his home at the new duty station. We denied reimbursement because the settlement occurred after the two-year period specified in the regulations and the agency determined that extenuating circumstances did not exist so as to warrant an extension of that period. Claimant does not challenge the analysis in the Board's decision upholding the agency's exercise of its discretion not to extend the two-year period. Rather, claimant makes a novel argument that because he incurred the obligation to pay the real estate commissions before the expiration of the two-year period, he is entitled to reimbursement. This argument ignores the clear language of the regulation which specifies that a condition of reimbursement is that "the settlement date[ ] [for the purchase transaction is] not later than 2 years after the date that the employee reported for duty at the new official station." 41 CFR 302-6.1(e)(1) (1995). Thus by regulation, it is the settlement date not the signing of a contract which must occur within two years in order for transaction expenses to be recouped. Claimant's interpretation of the regulation is untenable. The request for reconsideration is denied. ________________________________ MARY ELLEN COSTER WILLIAMS Board Judge