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               DISMISSED WITH PREJUDICE: February 1, 1994
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                              GSBCA 12562
 
 
                      AUTOMATED BUSINESS SYSTEMS,
 
                                        Appellant,
 
                                   v.
 
                    GENERAL SERVICES ADMINISTRATION,
 
                                        Respondent.
 
        Michael  Moore  of  Quality Office  Equipment  dba Automated
   Business Systems, Morris, AL, appearing for Appellant.
 
        John  C. Sawyer, Office of General Counsel, General Services
   Administration, Washington, DC, counsel for Respondent.
 
   VERGILIO, Board Judge.
 
                                 ORDER
 
        On  August 27, 1993,  Automated Business Systems  filed this
   appeal involving a contracting  officer's decision regarding four
   contracts with  the General Services  Administration, respondent,
   for the maintenance  and service of  typewriters.  Raising  three
   specific  counts,  the  contractor  seeks  $60,000  and  specific
   determinations.
 
        On January 27, 1994, the parties jointly filed a stipulation
   of  settlement and  moved  the  Board to  dismiss  the case  with
   prejudice and  to incorporate  the stipulation  in its order  and
   make it a part thereof.   In paragraph 2 of the stipulation,  the
   contractor  agrees  "to  accept the  following  statement  of the
   Government's policy in reference to the unbundling of maintenance
   from  the  sale  of  hardware  on  the  Federal  Supply  Schedule
   program":
 
                  It  is the  intent of the  Government to
             require that manufacturers, such as Panasonic
             and Canon,  who choose  to contract with  the
             federal  government  on  the  Federal  Supply
             Schedule  specifically  agree to  sell  spare
             parts and service manuals to third parties to
             whom GSA has awarded a service contract.  GSA
             has  adopted this  policy in order  to assure
             both that small business may  compete for GSA
             service contracts, and to ensure that GSA has
 
             maximum  competition  in  the  award  of  its
             service   contracts   consistent   with   the
             Competition  in  Contracting  Act.    Federal
             Supply  Schedule  Clause  I-FSS-542-H  states
             this policy.
 
        The Board grants the motion of the parties.  The stipulation
   of  settlement is  constructively incorporated  into  this order.
   The appeal is DISMISSED WITH PREJUDICE.  Rule 28(a).
 
 
 
                                        _________________________
                                        JOSEPH A. VERGILIO
                                        Board Judge