DISMISSED WITHOUT PREJUDICE: June 28, 1994 GSBCA 12737 SAM'S ELECTRIC, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Samy Vunderman, Manager of Sam's Electric, Hayward, CA, appearing for Appellant. Thomas Hawkins, Office of Regional Counsel, General Services Administration, San Francisco, CA, counsel for Respondent. DANIELS, Board Judge (Chairman). ORDER The General Services Administration took a deduction of $6,784.80 from payments due Sam's Electric under a contract for mechanical maintenance at the National Archives and Records Center in San Bruno, California. The deduction was for failure to perform periodic maintenance of the roof systems. The contractor appealed the decision to this Board. On April 19, the parties informed the Board in a telephonic conference that they had agreed to a settlement of the case, such that the amount of the deduction will be greatly reduced. The parties agreed to file promptly a joint motion to dismiss the appeal. Notwithstanding the Board's numerous telephonic reminders to the parties of this promise, no such motion has ever been filed. Appellant elected to have the case considered under the small claims procedure. 41 U.S.C. 608 (1988); Board Rule 13. In accordance with that procedure, the Board is to dispose of the case within 120 days of the date of election -- by June 28. To comply with the statutory mandate, we now DISMISS the case WITHOUT PREJUDICE. Rule 27(c). Unless either party requests, prior to July 28, that the case be reinstated, the dismissal shall become one with prejudice to reinstatement on that date. _________________________ STEPHEN M. DANIELS Board Judge