GSBCA 13230 DISMISSED: August 18, 1995 GSBCA 13165, 13166, 13230 PRO/DES, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Albert B. Cook, CEO of PRO/DES, Inc., Vernon, CT, appearing for Appellant. John E. Cornell and Michael D. Tully, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. GOODMAN, Board Judge. ORDER On May 23, 1994, appellant, PRO/DES, Inc., was awarded a contract by respondent, the General Services Administration, for the supply of Federal Supply Class 5120 - Caulking Tools. On November 21, 1994, respondent terminated for default one of the purchase orders under appellant's contract alleging that appellant failed to deliver the caulking guns within ninety calendar days after receipt of the order, as specified in the contract. On December 19, 1994, respondent terminated for default six more purchase orders under appellant's contract for the alleged failure of appellant to supply caulking guns that met the federal specifications outlined in its contract. Appellant appealed both of those decisions to this Board on January 17, 1995, and they were docketed as GSBCA 13165 and GSBCA 13166, respectively. On March 7, 1995, respondent terminated for default the remaining outstanding purchase orders under appellant's contract for the alleged failure of appellant to make the caulking guns available for inspection by respondent. Appellant filed a notice of appeal of this decision on April 4, 1995, which was docketed as GSBCA 13230. All three appeals were consolidated, as they all involve common questions of fact and law and relate to the termination of different purchase orders under the same contract. On July 14, 1995, the Board convened a conference call to schedule further proceedings in the appeals. During the conference, appellant's representative advised the Board that he did not wish to continue to prosecute GSBCA 13230 and was withdrawing that appeal. On August 9, 1995, appellant confirmed this in writing. Accordingly, pursuant to Rule 28(a), GSBCA 13230 is DISMISSED. The parties will continue to proceed with GSBCA 13165 and 13166 as outlined in the Board's conference memorandum dated July 14, 1995. ________________________ ALLAN H. GOODMAN Board Judge