DISMISSED WITH PREJUDICE: September 13, 1994 GSBCA 11566-COM, 12464-COM CPT CORPORATION AND PACIFICORP CAPITAL, INC., Appellants, v. DEPARTMENT OF COMMERCE, Respondent. Michael E. Geltner and Joan Teich of Geltner and Associates, Washington, DC, counsel for Appellants. Jerry A. Walz, Mark Langstein, and Cecilia R. Carson, Office of the General Counsel, Department of Commerce, Washington, DC, counsel for Respondent. ORDER The appeal docketed as GSBCA 11566-COM arose from a contract between appellants and the United States Department of Commerce for the lease and maintenance of computer equipment supplied by appellants. The notice of appeal was filed with the Board on November 1, 1991, of a contracting officer's decision dated September 26, 1991, denying appellants' claim that respondent had failed to pay appellants $218,594.73 under the contract. The parties agreed to submit this appeal to the Board for a decision on the record. On November 5, 1992, appellants filed a motion for summary relief, alleging that appellants and respondent had entered into an oral settlement in the amount of $40,000 and respondent had failed to abide by that agreement. On April 15, 1993, appellants filed a claim with the contracting officer in the amount of $40,000 for breach of the alleged oral settlement agreement. The contracting officer did not issue a decision in response to this claim, and on June 18, 1994, appellants filed a notice of appeal with this Board, which was docketed as GSBCA 12464-COM and consolidated with GSBCA 11566-COM. The parties agreed to attempt to settle these consolidated appeals through the use of alternative dispute resolution (ADR), pursuant to Board Rule 10(d), conducted by the panel chairman, and ADR sessions were held on April 11, 1994, and May 16, 1994. During a conference call with the parties on May 18, 1994, the Board was informed that appellants had accepted an authorized offer of settlement from respondent. On September 12, 1994, the parties filed with the Board a stipulation for dismissal in these consolidated appeals which reads as follows: It is hereby stipulated between the parties that, pursuant to the settlement agreement executed September 7, 1994, this action is dismissed with prejudice, and appellants, upon receipt of the payment set forth in the said settlement agreement, release the United States of America from all claims of any kind under the subject contract. Accordingly, pursuant to Rule 28(a), these consolidated appeals are DISMISSED WITH PREJUDICE. _____________________ ALLAN H. GOODMAN Board Judge