____________________________________________________ ORDER OF OCTOBER 31, 1994, VACATED: November 4, 1994 ____________________________________________________ GSBCA 12935-C(12848-P) ADVANCED VIDEO PRODUCTS, INC., Protester, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. James McAleese, Jr., Richard A. Pelletier, Erik L. Droutman, and Scott G. Lindvall of McAleese & Associates, McLean, VA, counsel for Protester. Merilee D. Rosenberg, Maura Brown, and Barbara Stuetzer, Office of General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent. Before Board Judges DEVINE, BORWICK, and VERGILIO. VERGILIO, Board Judge. On October 31, 1994, the Board dismissed with prejudice the underlying application for recovery of costs. Advanced Video Products v. Department of Veterans Affairs, GSBCA 12935-C(12848- P) (Oct. 31, 1994). The agency had represented to the Board that the parties settled the matter and requested that the matter be dismissed with prejudice. On November 3, referencing Rule 33, the parties submitted a joint motion to vacate the order of October 31. The parties seek to "jointly submit a revised motion for costs." Despite the representations of the agency, the parties had not settled the cost case and did not seek a dismissal with prejudice. The parties seek to have the Board resolve this case. Pursuant to Rule 32, the Board VACATES the order of October 31, 1994; the cost application remains before the Board. _________________________ JOSEPH A. VERGILIO Board Judge We concur: _________________________ _________________________ DONALD W. DEVINE ANTHONY S. BORWICK Board Judge Board Judge