_____________________________________________ DISMISSED WITH PREJUDICE: December 13, 1994 _____________________________________________ GSBCA 12833 AMERICAN MACHINE COMPANY, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. John Graham of American Machine Company, Inc., Nokomis, FL, appearing for Appellant. Wendy Nevett Bazil, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges DEVINE, WILLIAMS, and GOODMAN. WILLIAMS, Board Judge. On May 16, 1994, American Machine Company, Inc. (AMC) appealed the final decision of a General Services Administration contracting officer terminating for default federal supply contract number GS-OOF-50308 for delivery of knives, blades, and machetes, Federal Stock Class 5110, for the period of July 16, 1992, through May 31, 1994. Because appellant has failed to prosecute this appeal, we dismiss the appeal with prejudice. Findings of Fact On August 11, 1994, the Board issued a conference memorandum, notice of hearing, and prehearing order authorizing discovery to commence in this appeal. On September 27, 1994, after several attempts to contact appellant via telephone failed, the Board issued an order on further proceedings via certified mail requesting appellant to submit a notice of appearance with correct telephone and facsimile numbers by October 14, 1994. This order was returned on October 24, 1994, by the U.S. Postal Service as unclaimed. On October 25, 1994, respondent filed a motion to dismiss, or in the alternative, motion to compel, stating that respondent had served its first set of written discovery -- interrogatories, a request for production of documents, and a request for admission -- on appellant on August 23, 1994, by facsimile, but had never received a response from appellant and all attempts to contact appellant by telephone were unsuccessful. On October 26, 1994, the Board granted in part respondent's motion to dismiss, or in the alternative, motion to compel directing appellant to respond to respondent's first set of written discovery on or before November 15, 1994. This order was mailed to appellant via certified mail. On November 2, 1994, the U.S. Postal Service returned this order marked "moved, left no address." The Board's additional attempts to contact appellant by telephone have been unsuccessful, and on November 9, 1994, the Board ordered appellant to show cause why this appeal should not be dismissed for lack of prosecution. This order was returned by the U.S. Postal Service on November 23, 1994, marked "moved, left no address." Discussion Rule 28(a) provides as follows: 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. 58 Fed. Reg. 69,263 (1993) (to be codified at 48 CFR 6101.28). Appellant has failed to comply with the Board's rules and orders and has completely failed to prosecute this appeal. Specifically, appellant failed to respond to respondent's first set of written discovery and failed to notify the Board and respondent of a change of address and telephone number, as evidenced by the orders that have been returned to the Board by the U.S. Postal Service with the notations of "unclaimed" and "moved, left no address." Finally, the Board and respondent have made numerous attempts to contact appellant by telephone and facsimile, all to no avail. Appellant's failure to comply with Board rules and failure to notify the Board and respondent of a change of address and telephone number is an admission 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. Because appellant has failed to prosecute this case and failed to show cause why this case should not be dismissed, we dismiss this case with prejudice. Decision Appellant's appeal is DISMISSED WITH PREJUDICE for failure to comply with the Board's rules and the Board's show cause order. Rule 28(a).[foot #] 1 ______________________________ MARY ELLEN COSTER WILLIAMS Board Judge We concur: ____________________________ ____________________________ ALLAN H. GOODMAN DONALD W. DEVINE Board Judge Board Judge ----------- FOOTNOTE BEGINS --------- [foot #] 1 58 Fed. Reg. 69,263 (1993) (to be codified at 48 CFR 6101.28)