__________________________________________ DISMISSED WITHOUT PREJUDICE: October 29, 1998 __________________________________________ GSBCA 12130 P. J. DICK INCORPORATED, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. John T. Flynn of Smith, Currie & Hancock, Atlanta, GA; Paul J. Walstad of Walstad & Babcock, Provo, UT; and Rand L. Allen and James J. Gildea of Wiley, Rein & Fielding, Washington, DC, counsel for Appellant. Sharon A. Roach, Gerald L. Schrader, Martin A. Hom, and M. Leah Wright, Real Property Division, Office of General Counsel, General Services Administration, Washington, DC, and Kenneth E. Kendell, Office of Regional Counsel, General Services Administration, Philadelphia, PA, counsel for Respondent. BORWICK, Board Judge. ORDER On October 19, 1992, the Board received an appeal, docketed as GSBCA 12130, from appellant P.J. Dick relating to its claim of $243,723 for the partial termination for convenience of work on the fourth floor of the United States Court House and Post Office, Pittsburgh, PA. Appellant had submitted its termination for convenience credit proposal of $997,677.72, and the contracting officer had withheld $1,241,401 from contract payments. The appeal was filed after the contracting officer failed to issue a decision on appellant's claim. On November 20, 1992, the contracting officer issued his decision on the credit for the terminated work, claiming that appellant owed the Government $1,824,641. In the decision, the contracting officer stated he would deobligate $997,677.72 from the contract. P.J. Dick filed an appeal from that decision, which was docketed as GSBCA 12215. The issue in that appeal is whether appellant owes the Government $826,963.33 more than the termination for convenience credit offered by P.J. Dick. On December 10, 1992, the Board issued an order to show cause why GSBCA 12215 should not be dismissed as the matter was already before the Board in GSBCA 12130. The parties did not respond to the show cause order; thus it is assumed that the parties do not object to consolidation of issues in one docket and dismissal of the other appeal. It is apparent that the claim presented in GSBCA 12130 is subsumed in the claim presented in GSBCA 12215. It would be more efficient to consolidate the earlier appeal which had no contracting officer's decision with the later appeal, which has a decision as the frame of reference, and dismiss the earlier appeal. The appeal of GSBCA 12130 is consolidated with the appeal in GSBCA 12215, Rule 26(a)(2), and GSBCA 12130 is DISMISSED WITHOUT PREJUDICE. _________________________ ANTHONY S. BORWICK Board Judge