___________________________________________
 
              DISMISSED WITH PREJUDICE:  November 4, 1993
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                              GSBCA 12016
 
                       TOMAHAWK CONSTRUCTION CO.,
 
                                           Appellant,
 
                                   v.
 
                    GENERAL SERVICES ADMINISTRATION,
 
                                           Respondent.
 
        Jeffrey B. Rosen  of Polsinelli, White, Vardeman  & Shalton,
   Kansas City, MI, counsel for Appellant.
 
        M.  Leah Wright, Office of General Counsel, General Services
   Administration, Washington, DC, counsel for Respondent.
 
   DeGRAFF, Board Judge.
 
                                 ORDER
 
        On   April   30,  1991,   appellant  was   awarded  contract
   GS06P91GYC0023 to  provide site preparation, foundation work, and
   pile placement for the new  Federal Courthouse Building in Kansas
   City, Kansas.  On September 15, 1992, appellant filed this appeal
   challenging the contracting officer's final decision denying  its
   claim for  additional costs  associated with  the excavation  and
   removal  of unsuitable soil from  the project and the replacement
   thereof   with  suitable  backfill  material  in  the  amount  of
   $279,744.32.
 
        On November 1, 1993, appellant filed a motion for dismissal.
   Respondent has no objection to the dismissal.
 
        Accordingly,  this appeal is DISMISSED WITH PREJUDICE.  Rule
   28(a).
 
 
                                      ____________________________
                                      MARTHA H. DeGRAFF
                                      Board Judge