RESPONDENT'S MOTION TO DISMISS GRANTED; APPEAL
           DISMISSED FOR FAILURE TO PROSECUTE:  July 18, 1994
                                                              
 
        
                              GSBCA 12786
 
 
                   A-1 FREEMAN NORTH AMERICAN, INC.,
 
                                                Appellant,
 
                                   v.
 
                    GENERAL SERVICES ADMINISTRATION,
 
                                                Respondent.
 
        Ken  Dykeman, General Manager of A-1 Freeman North American,
   Inc., Dallas, TX, appearing for Appellant.
 
        John E. Cornell, Office of General Counsel, General Services
   Administration, Washington, DC, counsel for Respondent.
 
   Before Board Judges DANIELS (Chairman), DeGRAFF, and GOODMAN.
 
   GOODMAN, Board Judge.
 
        A-1 Freeman North American, Inc. (A-1 Freeman or appellant),
   has  appealed  a contracting  officer's decision  terminating for
   default  its contract  with the  General  Services Administration
   (GSA or respondent).  On June 23, 1994, respondent filed a motion
   to dismiss alleging appellant's failure to serve its complaint on
   respondent and further failure to prosecute the appeal.  We grant
   respondent's  motion  and  dismiss the  appeal  pursuant  to Rule
   28.[foot #] 1 
 
                              Background 
 
        On  March  7, 1994,  A-1  Freeman  filed  this appeal  of  a
   termination  for default of  its contract number  GS07F7002A with
   the GSA for  office relocation --  moving, packing, crating,  and
   accessorial  services.  The Board's order on further proceedings,
   dated March 16,  1994, directed appellant to file  a complaint in
   this appeal no later than April 11, 1994, pursuant to Rule 7.
                                                                    
                   ----------- FOOTNOTE BEGINS ---------
 
        [foot #] 1   58  Fed.  Reg.  69,246,  69,263  (1993)  (to be
   codified at 48 CFR 6101.28).
 
                   ----------- FOOTNOTE ENDS -----------
 
 
 
        Appellant  failed to  file a  complaint as  directed by  the
   Board, and the Board issued an order to show cause, dated June 1,
   1994, directing appellant to file a complaint within fifteen days
   of  receipt of the  order or otherwise show  cause why the appeal
   should  not be  dismissed for  failure to  prosecute.   Appellant
   received the order  on June 6, 1994, and did not file a complaint
   within the time period established by the order to show cause, or
   otherwise respond to the order.
 
        On June 23,  1994, respondent filed a motion  to dismiss the
   appeal  as  the  result  of  appellant's  failure  to  prosecute.
   Respondent  alleged  that  "[r]espondent's  counsel  talked  with
   Appellant  on June 22,  1994, and confirmed  that notwithstanding
   the  Board's Order  to  Show  Cause, Appellant  has  not filed  a
   complaint, and did not intend to do so."   Respondent's Motion to
   Dismiss at 2.
   By order dated  June 27, 1994, the Board  informed appellant that
   it could file a response to respondent's motion to dismiss within
   ten  days of receipt of the order.  This order was transmitted to
   appellant by facsimile, and appellant acknowledged receipt of the
   order on  June 27, 1994.   Appellant did  not file a  response to
   respondent's motion to dismiss.
 
                               Discussion
    
        Rule 28 provides, in relevant part: 
 
        (a)  Generally.  A case may  be dismissed by the  Board
        on motion of any party.   A case may also be  dismissed
        for reasons cited by the Board in a show cause order to
        which  response has  been permitted.   Every  dismissal
        shall  be with prejudice  to reinstatement of  the case
        unless a dismissal without prejudice has been requested
        by a party or specified in a show cause order.
 
        . . . .  
 
        (c)  Issuance of order.  An order of dismissal shall be
        issued by  the panel  of judges to  which the  case has
        been  assigned if  the motion  is  contested or  if the
        Board is acting consequent to its own show cause order.
         
     
        Appellant has failed  to comply with  the Board's rules  and
   with the  Board's order on further proceedings, and has otherwise
   failed  to  prosecute  this appeal.    It  has failed  to  file a
   complaint required by  the Board's rules and at  the direction of
   the Board.  Appellant has further failed to prosecute this appeal
   in  that it  has not responded  to the  Board's show  cause order
   dated June  1, 1994, or  to respondent's motion to  dismiss dated
   June 27, 1994.
 
        Appellant's failure  to comply  with the  Board's rules  and
   orders  are admissions  that  the  appeal  will  not  be  further
   prosecuted.   Iowa-Illinois  Cleaning Corp.  v.  General Services
   Administration,   GSBCA  12030,  93-3   BCA      25,989;  Bartron
   Technologies Corp.  v.  General  Services  Administration,  GSBCA
   10161,  et al., 92-3 BCA   25,183; VIP Services, GSBCA 6188, 81-2
   BCA    15,353; Brown's Janitorial  Service, GSBCA 6146,  81-2 BCA
     15,285.   We conclude that  there are ample grounds  to dismiss
   this appeal  based  on appellant's  failure  to comply  with  the
   Board's rules and orders and failure to prosecute its appeal. 
 
 
                                Decision
 
       For the  reasons stated,  respondent's motion  to dismiss  is
   GRANTED.  Appellant's  appeal is DISMISSED for failure  to comply
   with the  Board's rules and show  cause order and for  failure to
   otherwise prosecute the appeal.  Rule 28. 
 
                                      _____________________
                                      ALLAN H. GOODMAN
                                      Board Judge
 
   We concur:
   ______________________             _____________________
   STEPHEN M. DANIELS                 MARTHA H. DeGRAFF
   Board Judge                        Board Judge