_____________________________________________ DISMISSED WITH PREJUDICE: January 12, 1994 _____________________________________________ GSBCA 12334 CAPITOL GAS, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Eddie Williams, Manager of Capitol Gas, Lusby, MD, appearing for Appellant. Wendy Nevett Bazil, Office of the General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges NEILL, HYATT, and DeGRAFF. HYATT, Board Judge. ORDER On March 10, 1993, Capitol Gas filed a notice of appeal contesting a contracting officer's decision to terminate for default its contract to furnish propane gas to the Government. Appellant's complaint was filed on April 14, 1993. On May 5, 1993, respondent served written discovery requests, including interrogatories and requests for admissions and documents, on appellant. When no response was received within the time allotted under the Board's rules, respondent filed a motion seeking a Board order compelling appellant to provide answers to the discovery requests. On October 8, 1993, a telephone conference was convened during which the status of discovery was addressed. The Board explained to appellant that respondent was entitled to conduct reasonable discovery and asked why the Government's discovery requests had not been answered. Appellant's representative explained that a prior employee had been responsible for this matter and had apparently not been able to handle it. Appellant's representative requested another copy of the discovery requests, which the Board asked respondent to provide. Respondent supplied appellant with a second copy of its discovery requests that same day. Appellant agreed to provide answers within thirty days of that date, or by November 8, 1993. A telephone conference was scheduled for November 10, 1993. In a letter dated November 10, 1993, counsel for respondent informed the Board that answers to the discovery requests had still not been received by the Government. In addition, appellant was not available at the prescribed time for the conference scheduled on November 10. Respondent requested that the Board dismiss this appeal for failure to prosecute. On November 15, 1993, the Board issued an order directing appellant, Capitol Gas, to file its answers to respondent's discovery request on or before November 29, 1993, and by that same date to show cause why its appeal should not be dismissed with prejudice for failure to prosecute. In a letter dated November 30, 1993, respondent informed the Board that responses to the Government's discovery requests had still not been received and renewed its motion to dismiss this appeal with prejudice for failure to prosecute. In response to respondent's letter, the Board permitted appellant one more opportunity to pursue this appeal. In an order issued on December 13, 1993, appellant was given until January 4, 1994, to file a response to respondent's request that this appeal be dismissed. Appellant was informed that if no response was filed as of that date, respondent's motion would be granted. To date, appellant has made no effort to contact the Board or respondent concerning this case. Accordingly, respondent's motion to dismiss this appeal for appellant's failure to prosecute is GRANTED. The appeal is DISMISSED WITH PREJUDICE. Rule 28(a). _______________________________ CATHERINE B. HYATT Board Judge We concur: _____________________________ ______________________________ EDWIN B. NEILL MARTHA H. DeGRAFF Board Judge Board Judge