DISMISSED WITHOUT PREJUDICE: May 4, 1995 GSBCA 12745 M.R.C. CONSTRUCTION COMPANY, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Michael J. Cohen of M.R.C. Construction Company, Inc., Hyattsville, MD, counsel for Appellant. Gerald L. Schrader, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. GOODMAN, Board Judge. ORDER Appellant, M.R.C. Construction Company, Inc., was awarded contract number GS-11P88NQC0812 "NEG" by respondent, the General Services Administration, on May 6, 1988, to provide labor, material, and equipment for the construction of the Secret Service Tactical Response Area in Beltsville, Maryland. On September 12, 1991, appellant submitted a claim to the contracting officer for $301,711.89 plus interest for winter protection and extended performance resulting from unsuitable soils on the project. Respondent failed to issue a decision on appellant's claim and appellant filed an appeal with this Board of a deemed denial on January 27, 1994. On February 3, 1994, the Board suspended proceedings and directed the contracting officer to issue a decision on appellant's claim within thirty days, or an explanation as to why a decision could not be issued at that time. The contracting officer issued a final decision denying appellant's claim on March 29, 1994, and appellant filed its notice of appeal of that decision on April 19, 1994. In August 1994, the Board issued a prehearing order authorizing discovery and setting a date for the hearing on the merits. On March 7, 1995, the Board extended the discovery period thirty days while the parties awaited approval of a proposed settlement from the bankruptcy court. On May 2, 1995, appellant filed a Motion for Dismissal Without Prejudice which states, in part, "WHEREAS the parties have reached an agreement to settle the above styled appeal, [appellant] hereby moves the Board for an order dismissing this appeal without prejudice for sixty (60) days so that the settlement can be finalized." Accordingly, this appeal is DISMISSED WITHOUT PREJUDICE. Rule 28(b). This dismissal shall convert to one with prejudice sixty days from the date of this order if no further action is taken by either party. ________________________ ALLAN H. GOODMAN Board Judge