ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of -- ) 
) 
GSC Construction, Inc. ) 
) 
Under Contract No. W9126G-11-D-0061 ) 
APPEARANCE FOR THE APPELLANT: 
APPEARANCES FOR THE GOVERNMENT: 
ASBCA No. 59046 
James S. DelSordo, Esq. 
Argus Legal, LLC 
Manassas, VA 
Thomas H. Gourlay, Jr., Esq. 
Engineer Chief Trial Attorney 
Ronald J. Goodeyon, Esq. 
Jason R. Chester, Esq. 
Keith J. Klein, Esq. 
Engineer Trial Attorneys 
U.S. Army Engineer District, Tulsa 
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL ON THE 
GOVERNMENT'S MOTION TO DISMISS FOR FAILURE TO PROSECUTE 
The government requests that the appeal be dismissed because appellant failed 
to respond to discovery requests by 29 April 2016, as the Board had ordered. The 
Board subsequently ordered appellant to show cause why the appeal should not be 
dismissed for failure to comply with that order. Appellant responded that it complied 
with the Board's order with respect to the production of the documents, but through 
oversight neglected timely to produce the written responses to the government's 
requests. Appellant says that it has, since, provided those written responses. The 
government replies that it now has the documents and the written responses (both 
received late, it says), but continues to request dismissal, and, in the alternative, 
requests the exclusion of evidence. The government also complains about the form in 
which appellant produced the documents. 
The government's request for dismissal of the appeal is denied. Although the 
Board looks unfavorably upon appellant's conduct, dismissal-a sanction universally 

recognized as a last resort* -is too harsh a remedy, particularly because the hearing of 
this appeal is more than six months off (23 January 2017). 
Dated: 14 June 2016 
I 
concur 
#~~ "MARK N. STEMPLN 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
~~ T~CILMAL 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
I concur 
RICHARD SHACKLEFORD 
Administrative Judge 
Vice Chairman 
Armed Services Board 
of Contract Appeals 
I certify that the foregoing is a true copy of the Opinion and Decision of the 
Armed Services Board of Contract Appeals in ASBCA No. 59046, Appeal of GSC 
Construction, Inc., rendered in conformance with the Board's Charter. 
Dated: 
JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals 
* The Public Warehousing Co., ASBCA No. 56022, 13 BCA ~ 35,201at172,706. 
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