__________________________________________ DISMISSED WITH PREJUDICE: August 18, 1993 __________________________________________ GSBCA 12307 TECHNICAL PRODUCTS ENGINEERING, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Richard H. Barry, General Manager of Technical Products Engineering, Long Beach, CA, appearing for Appellant. Kurt Summers, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges LaBELLA, HYATT, and VERGILIO. HYATT, Board Judge. ORDER This appeal, filed by Technical Products Engineering on February 16, 1993, is of a contracting officer's decision to terminate for default appellant's contract to supply steel cash boxes for the contract period from November 1, 1991, through October 31, 1992. Despite repeated efforts, neither the Board nor counsel for respondent has been able to communicate with, and elicit a response from, appellant. The Board's notice of docketing and order on proceedings, dated February 17, 1993, and February 19, 1993, respectively, sent by certified mail, were returned by the U.S. Postal Service on May 24, 1993, as unclaimed by appellant. Unable to reach appellant by certified mail, the Board, in a letter dated March 31, 1993, sent by regular mail, informed appellant that it had no valid telephone number with which to contact it and requested that appellant contact the Board as soon as possible. The Board's letter of March 31, 1993, was not returned. To date, the Board has not received from the appellant a response to this letter or a complaint as required by the Board's order on further proceedings dated February 19, 1993, and by Rule 7(b)(1).[foot #] 1 On April 19, 1993, respondent filed a motion to dismiss for failure to prosecute. On April 22, 1993, the Board issued an order requesting appellant to show cause as to why its appeal should not be dismissed for failure to prosecute. The Board's order, which was sent by certified mail, was returned on May 24, 1993, as unclaimed. Respondent provided the Board with a facsimile telephone number it had been given at the outset of these proceedings. On May 27, 1993, the Board issued an order on further proceedings along with a copy of its initial order to show cause, which was telefaxed to appellant and then sent by certified and regular mail, asking that appellant respond to the Board's order to show cause on or before June 3. The facsimile transmittal receipt indicated that this document did not transmit. The Board's certified and regular mailings of May 27, 1993, were not returned and it is presumed they were received. Appellant has not responded to any of the Board's orders including the order to show cause as to why its appeal should not be dismissed. Since appellant has failed to comply with the Board's orders, respondent has renewed its request that the appeal be dismissed. Given appellant's inaction and failure to respond to either respondent's motion or correspondence from the Board, we deem the appeal to have been abandoned. AAA Carpet Masters, GSBCA 8123, 91-1 BCA 23,362 (1990). Decision Respondent's motion to dismiss this appeal for appellant's failure to prosecute is GRANTED. The appeal is DISMISSED WITH PREJUDICE. Rule 28(b)(1). __________________________ CATHERINE B. HYATT Board Judge We concur: __________________________ __________________________ VINCENT A. LaBELLA JOSEPH A. VERGILIO Board Judge Board Judge ----------- FOOTNOTE BEGINS --------- [foot #] 1 48 CFR 6101 (1992).