DISMISSED WITH PREJUDICE: April 14, 1993 GSBCA 12030 IOWA-ILLINOIS CLEANING CORPORATION, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Michael S. Kelly, President of Iowa-Illinois Cleaning Corporation, Bettendorf, IA, appearing for Appellant. A. R. Dattolo, Office of Regional Counsel, General Services Administration, Atlanta, GA, counsel for Respondent. Before Board Judges BORWICK, VERGILIO, and GOODMAN. GOODMAN, Board Judge. Iowa-Illinois Cleaning Corporation (Iowa-Illinois or appellant) has appealed the contracting officer's decision terminating for default a contract with the General Services Administration (GSA or respondent). On March 1, 1993, respondent filed a motion to dismiss alleging appellant's failure to serve its complaint on respondent and further failure to prosecute the appeal. By order dated March 3, 1993, the Board ordered appellant to show cause within twenty days why respondent's motion to dismiss should not be granted. Appellant did not reply to the Board's order nor otherwise respond to respondent's motion to dismiss. We grant respondent's motion and dismiss the appeal pursuant to Rule 28(b). Findings of Fact 1. On September 18, 1992, the Board received from Iowa- Illinois an appeal of a termination for default of its contract number GS-04P-91-EWC-0073 with the GSA for janitorial services to be performed at the United States Post Office and Courthouse in Albany, Georgia. 2. On November 24, 1992, Iowa-Illinois filed with the Board, by facsimile transmission, a letter which it called a "summary complaint" and further stated "we will send you [the Board] a more detailed version in the mail." 3. By letter dated January 28, 1993, the Board acknowledged receipt of appellant's summary complaint and informed the parties that it had not received the more detailed complaint referenced in appellant's summary complaint. The Board requested that appellant file its detailed complaint and serve a copy on respondent. Appellant received this acknowledgement and request on February 1, 1993. No further communication was received from appellant. 4. On March 1, 1993, respondent filed a motion to dismiss for failure to prosecute. Respondent alleged that it was never served a copy of the summary complaint filed by appellant, nor the detailed complaint requested by the Board in its letter of January 28, 1993. Respondent requested that the appeal be dismissed for failure to prosecute. 5. By order dated March 3, 1993, the Board directed appellant to show cause, within twenty days, why the motion to dismiss should not be granted. Appellant received this order on March 8, 1993. The Board has received no response to the order. Discussion Rule 28(b) provides as follows: (1) Upon motion of the respondent or upon its own initiative, the Board may dismiss a case for failure to prosecute or comply with these rules or any order of the Board. (2) Unless the Board in its order for dismissal otherwise specifies, a dismissal under this paragraph (b), and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, shall be with prejudice and operate as an adjudication upon the merits. 48 CFR 6101.28(b) (1991). Appellant has failed to comply with the Board's rules, has failed to comply with the Board's order, and has otherwise failed to prosecute this appeal. It has failed to file a detailed complaint at the direction of the Board. Findings 3, 4. It also failed to serve a copy of its summary complaint upon respondent, thereby violating Rule 3(b) which requires service on the opposing party of any document filed with the Board. Finding 4. Appellant has further failed to prosecute this appeal in that it has not responded to the Board's show cause order dated March 3, 1993. Finding 5. Appellant's failure to comply with Board rules and the Board's show cause order is an admission that the appeal will not be further prosecuted. Bartron Technologies Corp. v. General Services Administration, GSBCA 10161, et al., 92-3 BCA 25,183; VIP Services, GSBCA 6188, 81-2 BCA 15,353; Brown's Janitorial Service, GSBCA 6146, 81-2 BCA 15,284. We find ample ground to dismiss this appeal based on appellant's failure to comply with the Board's rules and orders, and failure to prosecute its appeal. Decision For the reasons stated, appellant's appeal is DISMISSED WITH PREJUDICE for failure to comply with the Board's rules and show cause order, and failure to prosecute the appeal. Rule 28(b). _____________________ ALLAN H. GOODMAN Board Judge We concur: ______________________ _____________________ ANTHONY S. BORWICK JOSEPH A. VERGILIO Board Judge Board Judge