___________________________________________________ DISMISSED WITHOUT PREJUDICE: October 26, 1992 ____________________________________________________ GSBCA 11931 EASTERN MAINTENANCE AND SERVICES, INC., Appellant, v. GENERAL SERVICES AMINISTRATION, Respondent. Benjamin N. Thompson, Dunn, NC, counsel for Appellant. Paul J. Maxse, Office of Regional Counsel, General Services Administration, Chicago, IL, counsel for Respondent. HENDLEY, Board Judge. ORDER Eastern Maintenance and Services, Inc. (EMSI) filed this appeal on July 16, 1992, from a contracting officer's decision of April 24, denying the appellant's claim for an equitable adjustment in the contract price of "$8,860.68, plus interest as allowed by law and attorney fees under the Equal Access to Justice Act," for its work under contract number GS-05P-88-GAC- 0167. The respondent, the General Services Administration, had awarded the contract to the appellant for security guard services for GSA-controlled facilities, in Chicago, Illinois, and Gary and Hammond, Indiana. On August 6, 1992, the appellant elected to proceed in this appeal under the small claims procedure, Board Rule 13. On September 28, in response to the Board's order on proceedings for a hearing election, dated September 10, the parties informed this Board that they had reached a tentative settlement of the appeal and would be requesting dismissal pending the final agreement of the parties. On October 23, we received a joint stipulation of dismissal and settlement agreeement from the respondent, signed by both parties. The stipulation of dismissal states: In accordance with the "Settlement Agreement" between the parties, executed and dated October 23, 1992, and Rule 28(a) of this Board's Rules of Procedure, the parties jointly move this Board to dismiss the subject appeal without prejudice to be converted to a dismissal with prejudice forty-five (45) days after the date of this dismissal without prejudice unless either party moves for reinstatement of the subject appeal within that time period. Accordingly, the appeal is DISMISSED WITHOUT PREJUDICE. Rule 28(a). The appeal shall be converted to a dismissal with prejudice on December 10, 1992, unless either party requests reinstatement on or before that date. ___________________________________ JAMES W. HENDLEY Board Judge