BOARD OF CONTRACT APPEALS U.S. GOVERNMENT PRINTING OFFICE WASHINGTON, DC 20401 In the Matter of ) ) the Appeal of ) ) SPAULDING COMPANY, INC. ) Docket No. GPO BCA 22-95 Program C279-S ) Purchase Order 98383 ) DECISION AND ORDER DISMISSING APPEAL By letter dated July 25, 1995, Spaulding Company, Inc. (Appellant or Contractor), 80-90 Hawes Way, Stoughton, Massachusetts 02072-1163, appealed the June 23, 1995, final decision of Contracting Officer Jack Scott of the U.S. Government Printing Office's (Respondent or GPO) Printing Procurement Department, Washington, DC 20401, terminating the Appellant's contract, identified as Progam C279-S, Purchase Order 98383, for default because of the Contractor's inability to perform the balance of the contract. 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 August 17, 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 10, 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. Carmen DiMatteo Senior Vice President Spaulding Company, Inc. 80-90 Hawes Way Stoughton, MA 02072-1163 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 17, 1996. On September 24, 1995, the Appellant called the Board in reference to the show cause notice. After some discussion, the Appellant told the Board that it wished to withdraw his appeal. Thereafter, on September 27, 1996 the Board received a letter from the Appellant withdrawing its appeal. A copy of the Contractor's letter is attached to this Order. THEREFORE, for good cause shown, and without objection, the Appellant's request to withdraw the above-captioned appeal is GRANTED. ACCORDINGLY, the appeal is hereby DISMISSED with prejudice, and the case is closed. It is so Ordered. September 27, 1996 STUART M. FOSS Administrative Judge