DISMISSED WITHOUT PREJUDICE: October 28, 1992 GSBCA 12049 NVT TECHNOLOGIES, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Jeffrey A. Lovitky, Washington, DC, counsel for Appellant. Lydia Kupersmith, Assistant Regional Counsel, General Services Administration, Washington, DC, counsel for Respondent. WILLIAMS, Board Judge. ORDER On September 23, 1992, NVT Technologies, Inc. (NVT) appealed the final decisions of a General Services Administration contracting officer denying claims under contract numbers GS-11P-91-MJC-008 and GS-11P-89-MJC-0034 for operation, maintenance, and repair services at the ACF Complex in Riverdale, Maryland. On October 23, 1992, appellant filed a motion to dismiss the appeal without prejudice, stating in part: 1. Enclosed as Exhibit 1 is a document entitled "Settlement of Claim Agreement, Contract GS-11P-89-MJC-0034", as executed between the parties on October 20, 1992. This agreement provides for payment to Appellant in the amount of $9,100.96. 2. Enclosed as Exhibit 2 is a letter from Respondent's Counsel advising that a Modification will be issued to Contract GS-11P-89-MJC-0034 incorporating the terms of Exhibit 1 upon dismissal of this action. 3. Enclosed as Exhibit 3 is Modification FS03 to Contract GS-11P-91-MJC-0008, as executed between the parties on October 20, 1992. This Modification provides for a payment to Appellant in the amount of $16,996.01. 4. Appellant's claim will be deemed satisfied in full upon payment of the amounts contemplated by Exhibits 1 and 3. 5. Appellant and Respondent agree that payment as recognized by Exhibits 1 and 3 herein will be made not later than December 1, 1992. 6. Appellant and Respondent have agreed to dismissal of this case without prejudice pending receipt of payment in the amount recognized by Exhibits 1 and 3 herein. Counsel for respondent has no objection. Accordingly, this appeal is DISMISSED WITHOUT PREJUDICE. Rule 28(a). This dismissal shall convert to one with prejudice on December 1, 1992, unless reinstated by either party prior to that date. ______________________________ MARY ELLEN COSTER WILLIAMS Board Judge