_______________________________________________________ MOTION TO DISMISS GRANTED: August 15, 1994 ________________________________________________________ GSBCA 12875 KOLL CONSTRUCTION, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. William S. Brandenburg of Koll Construction, Pleasanton, CA, appearing for Appellant. Thomas Hawkins, Office of Regional Counsel, General Services Administration, San Francisco, CA, counsel for Respondent. Before Board Judges, PARKER, DEVINE, and GOODMAN. PARKER, Board Judge. ORDER On June 16, 1994, the Board docketed this appeal filed by Koll Construction. Koll seeks reimbursement for delays incurred on contract GS-09P-92-KCT-0050 for the drilling of piers. On July 8, respondent submitted a motion to dismiss this appeal as untimely filed. On July 11, the Board ordered appellant to show cause why the appeal should not be dismissed as untimely filed. The order recited the following sequence of events: 1. By letter dated November 24, 1993, appellant submitted the subject claim for $10,069 to respondent, said claim arising under Contract No. GS-09P-92-KCT-0050, between appellant and GSA. 2. By letter dated March 3, 1994, GSA denied the claim by final decision, advising the appellant that it had the right to appeal the decision to the Board within ninety days of receipt of the denial. 3. The denial was sent by certified mail. The return receipt signed by appellant indicates that appellant received the denial on March 7, 1994. 4. Appellant's notice of appeal, mailed on June 8, 1994, was received by the Board on June 14, 1994. Appellant was given until July 25 to respond to the order. Appellant failed to respond. DECISION This appeal was not filed within ninety days of appellant's receipt of respondent's denial of appellant's claim. Accordingly, the Board lacks jurisdiction to hear the appeal. 41 U.S.C. 606 (1988). ____________________ ROBERT W. PARKER Board Judge We concur: ____________________ _____________________ DONALD W. DEVINE ALLAN H. GOODMAN Board Judge Board Judge