BOARD OF CONTRACT APPEALS U.S. GOVERNMENT PRINTING OFFICE WASHINGTON, DC 20401 In the Matter of ) ) the Appeal of ) ) STERLING PRESS ) Docket No. GPO BCA 20-95 Jacket No. 674-503 ) Purchase Order M-7909 ) DECISION AND ORDER DISMISSING APPEAL By letter dated June 30, 1995, Sterling Press (Appellant or Contractor), 420 West 1700 South, Salt Lake City, Utah 84115, appealed the April 3, 1995, final decision of Contracting Officer Raymond MacDonald of the U.S. Government Printing Office's (Respondent or GPO) Denver Regional Printing and Procurement Offices, Building 53, Room D-1010, Denver Federal Center, Denver, Colorado 80225-0347, terminating the Appellant's contract for default because of the Contractor's failure to meet Quality Level II attributes, in accordance with the specifications. GPO Instruction 110.12, Subject: Board of Contract Appeals Rules of Practice and Procedure, dated September 17, 1984, Rules 1(a), 2 (Board Rules). The appeal was docketed by the Board on July 21, 1995. Board Rules, Rule 3. By letter of the same date, the Board notified the Contractor that its appeal had been docketed and provided the Appellant with a copy of the Board Rules. Id. Among other things, the Board's letter specifically directed the Appellant's attention to Rule 6(a) of the Board's Rules, which provides that within 30 days after receipt of the notice of docketing the appeal, the Appellant shall file with the Board an original and two (2) copies of a Complaint containing the information described in that rule. Board Rules, Rule 6(a). The Contractor did not file a Rule 6(a) Complaint within the time frame set forth in the Board Rules. Therefore, on September 5, 1996, the Board, exercising its authority under Rule 31 of the Board Rules, issued a Rule To Show Cause Why Appeal Should Not Be Dismissed For Failure To Prosecute (Rule to Show Cause). Board Rules, Rule 31. The Rule to Show Cause directed the Appellant to submit a written response to the Board within fifteen (15) days from its receipt, showing such cause as it may have as to why the appeal should not be dismissed with prejudice for failure to prosecute. Rule To Show Cause, at 3. The Board sent the Rule to Show Cause by certified mailed to the Appellant at its address of record: Mr. Tracey Wight-Fern General Manager Sterling Press 420 West 1700 South Salt Lake City, UT 84115 The U.S. Postal Service's certified mail receipt was returned to the Board showing that the Rule to Show Cause was received by the Appellant on September 11, 1996. Rule 31 allows the Board to dismiss an appeal whenever the record discloses, inter alia, that a party has: (1) failed to file documents required by the rules; (2) respond to the Board's notices or correspondence; or (3) otherwise indicates an intention not to continue the orderly prosecution or defense of an appeal. Board Rules, Rule 31. Based on the foregoing facts, it is clear to the Board that dismissal is justified in this case on one or more of those grounds. That is, the Board believes that the record in this appeal amply demonstrates that the Appellant, has disregarded the Board's rules and directives, and has indicated an intention not to continue the orderly prosecution of its appeal; i.e., simply stated, the Appellant has made no meaningful effort to prosecute the case. See Rosemark, GPO BCA 30-90 (April 22, 1994), slip op. at 4, 1994 WL 275076; Bedrock Printing Company, GPO BCA 05-91 (April 10, 1992), slip op. at 5-6 (citing David M. Noe, AGBCA No. 88-155-1, 89-1 BCA � 21,560; Leonard V. West, PSBCA No. 1443, 86-3 BCA � 19,060). The Appellant has failed to respond to the Board's Rule to Show Cause within the time allowed, and has not otherwise made any showing that the appeal should not be dismissed for failure to prosecute. ACCORDINGLY, the above-captioned appeal is hereby DISMISSED with prejudice and the case is closed. Board Rules, Rule 31. See Rosemark, supra, slip op. at 7; Bedrock Printing Company, supra, slip op. at 8. It is so Ordered. September 27, 1996 STUART M. FOSS Administrative Judge