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.