U.S. GOVERNMENT PRINTING OFFICE BOARD OF CONTRACT APPEALS The Appeal of GEMINI GRAPHICS Docket No. GPO BCA 27-88 January 4, 1989 MICHAEL F. DiMARIO Administrative Law Judge ORDER DISMISSING APPEAL FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED WHEREAS, the contract between Appellant and Respondent identified as GPO Purchase Order 66551, Jacket No. 190-521, was partially terminated by Respondent on June 30, 1988, "for default because of . . . failure to ship complete by the agreed upon ship date of June 24, 1988."; and WHEREAS, Appellant, pursuant to information furnished by Respondent in its "Notice of Termination Partial" timely notified this Board of its intention to appeal such termination; and WHEREAS, Appellant was furnished the Rules of this Board by letter dated September 16, 1988, with the express advice that Rule 6.(a) requires that within 30 days after receipt of this notice of docketing of the appeal, the Appellant shall file with the Board an original and two copies of a complaint containing the data described in that Rule; and WHEREAS, Appellant did not timely comply with this requirement; and WHEREAS, Respondent filed a Motion for Dismissal or, in the Alternative, for a More Definite Statement on the grounds that the appeal failed to state a proper claim for relief; and WHEREAS, this Board stayed the motion for dismissal and granted the alternative motion directing that a more definite statement of Appellant's complaint be filed with this Board on or before November 28, 1988, and that such statement conform in its particulars with the requirements of Rule 6.(a), supra: and WHEREAS, Appellant, by its letter dated November 21, 1988, while stating it is a more definite statement of Appellant's complaint, again failed to state a complaint upon which relief may be granted. NOW THEREFORE IT IS ORDERED that: Respondent's Motion to Dismiss previously stayed by this Board be and the same is hereby granted with prejudice to the Appellant.