DISMISSED FOR FAILURE TO PROSECUTE: January 25, 2012 
CBCA 2458, 2459 
AARON O’DANIEL, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Aaron O’Daniel, pro se, Carmi, IL. 
Scott F. McCleary, Office of Regional Counsel, General Services Administration, 
Chicago, IL, counsel for Respondent. 
Before Board Judges POLLACK , McCANN, and DRUMMOND. 
POLLACK, Board Judge. 
On June 13, 2011, Aaron O’Daniel, appellant, filed appeals as to separate contracting 
officer decisions assessing him, in each, a penalty of $325 for not paying for and removing 
property bid on at a General Services Administration (GSA) auction, where Mr. O’Daniel 
was the low bidder. Mr. O’Daniel contended among other defenses that he never received 
the email message notifying him of his successful bids. 
Due to the small amount in contention and the fact that Mr. O’Daniel was proceeding 
pro se , the Board did not ask for the standard pleadings, but instead held a telephone 
conference on August 3, 2011, with Mr. O’Daniel and counsel for GSA. After reviewing the 
facts as presented by both parties, the Board advised Mr. O’Daniel that there appeared to be 
disputed facts, so both parties would have an opportunity to provide additional information 
before the Board would make a decision. The Board then explained the procedures available 

                                                                                                                   
                                                                                               
             
               
                
            
              
                
                
  
            
         
            
                
            
                 
      
            
         
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2 CBCA 2458, 2459 
to Mr. O’Daniel, including proceeding with affidavits and allowing him to elect the Board’s 
small claims or accelerated procedures. Mr. O’Daniel was not given a specific date to 
respond; however, he was directed to advise the Board as to how he wished to proceed. 
Thereafter, the Board received no response from Mr. O’Daniel. Consequently, on 
October 25, 2011, the Board issued an order directing Mr. O’Daniel to provide a response 
by November 7, 2011, as to an election of procedure. The order additionally recited that his 
failure to respond could result in a show cause order, which could lead to dismissal of his 
claims. 
On December 1, 2011, the Board received a motion to dismiss from government 
counsel citing appellant’s failure to reply to Board directions. 
By order dated December 1, 2011, appellant was given an additional opportunity to 
respond. The order explained that it was his responsibility to pursue his case and that the 
responsibility included responding to Board orders. The order further specified that appellant 
was to show cause by December 15, 2011, as to why the Board should not dismiss the appeal 
with prejudice for failure to prosecute. 
Mr. O’Daniel has not responded to the December 1, 2011 order. 
Decision 
Accordingly, the Board DISMISSES the appeal FOR FAILURE TO PROSECUTE . 
HOWARD A. POLLACK 
Board Judge 
We concur: 
_____________________________ ________________________________ 
R. ANTHONY McCANN JEROME M. DRUMMOND 
Board Judge Board Judge