_______________________________________ MOTION TO DISMISS DENIED: June 3, 1994 _______________________________________ GSBCA 11109(7508-REM)-REIN AFRO-LECON, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Anthony W. Robinson and Warner H. Session of the Minority Business Enterprise Legal Defense and Education Fund, Inc., Washington, DC; and Leonard L. McCants and Michael Z.C. Okpala of McCants and Dunbar, Silver Spring, MD, counsel for Appellant. Michael D. Tully and John E. Cornell, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges DANIELS (Chairman), VERGILIO, and DeGRAFF. DeGRAFF, Board Judge. On May 5, 1994, the General Services Administration (GSA) filed a motion to dismiss this appeal based upon Afro-Lecon's failure to respond to a request for production of documents that GSA served on February 3, 1994. On May 11, 1994, GSA supplemented its motion based upon the inadequacy of Afro-Lecon's responses to discovery requests that GSA served on March 8, 1994. GSA asks that we grant its motion pursuant to Rules 15(g) and 18(b)(6), which provide that the Board may sanction a party by dismissing its case if the party fails to cooperate in discovery. Afro-Lecon responds to GSA's motion by asserting that it responded to GSA's discovery. Afro-Lecon did not respond to GSA's February 3, 1994 request for production of documents by April 28, 1994, as required by the Board's order issued March 29, 1994. On May 11, 1994, over GSA's objections, we provided Afro-Lecon with one final opportunity to respond to GSA's February 3, 1994 discovery request, and Afro- Lecon responded on May 17, 1994, which was within the time permitted by the Board. Afro-Lecon's initial and supplemental responses to GSA's March 8, 1994 discovery requests were inadequate in some respects, and these inadequacies led the Board to issue an order on June 2, 1994, compelling Afro-Lecon to provide GSA with additional information in response to some of GSA's discovery requests. Afro-Lecon's recent supplemental discovery responses are an improvement upon its earlier responses, and this suggests that, perhaps, Afro-Lecon intends to pay attention to this case and cooperate in moving it ahead. If our optimism proves to be unfounded, our rules permit us to take actions other than dismissal if Afro-Lecon fails to cooperate in discovery. For example, we can compel Afro-Lecon to respond to GSA's discovery requests, we can prevent Afro-Lecon from challenging the accuracy of certain evidence, and we can prohibit Afro-Lecon from introducing certain documents into evidence. Dismissal of a case is the harshest sanction available to us, and dismissal of Afro- Lecon's case is not warranted at this time because it appears that Afro-Lecon might be willing to cooperate in discovery and because there are other means by which we can propel this case ahead. GSA's motion to dismiss is denied. ________________________________ MARTHA H. DeGRAFF Board Judge We concur: _______________________________ ________________________________ STEPHEN M. DANIELS JOSEPH A. VERGILIO Board Judge Board Judge