Board of Contract Appeals General Services Administration Washington, D.C. 20405 __________________________________________ MOTION TO DISMISS DENIED: January 13, 2006 __________________________________________ GSBCA 16783 WELSH PROPERTIES LIMITED PARTNERSHIP, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Charles C. Trascher III of Snellings, Breard, Sartor, Inabnett & Trascher, L.L.P., Monroe, LA, counsel for Appellant. Mark R. LaFeir, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges DANIELS (Chairman), DeGRAFF, and GOODMAN. DeGRAFF, Board Judge. On January 12, 2006, GSA filed a motion to dismiss this appeal. No response from the appellant is necessary. The Board denies the motion. GSA asks us to dismiss the appeal because the appellant did not file a timely complaint. The motion is denied for two reasons. First, GSA's motion does not cite to any case law which would support the proposition that an appeal ought to be dismissed if an appellant fails to file a timely complaint. Second, GSA did not mention that, as allowed by the Board's rules, the appellant designated its notice of appeal as its complaint. Thus, GSA has advanced neither a legal nor a factual basis for granting its motion. GSA will treat Exhibit A, attached to the notice of appeal, as Welsh's complaint. It will number each paragraph and respond to each sentence contained within each paragraph. It will also attach a copy of Exhibit A, containing its paragraph numbering, to its answer. ________________________ MARTHA H. DeGRAFF Board Judge We concur: _________________________ ________________________ STEPHEN M. DANIELS ALLAN H. GOODMAN Board Judge Board Judge