_________________________________ DISMISSED WITH PREJUDICE: March 30, 1993 _________________________________ GSBCA 11407 NOVA GROUP, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. John R. Heisse, II, of Pettit & Martin, San Francisco, CA, counsel for Appellant. M. Leah Wright, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. BORWICK, Board Judge. ORDER On August 21, 1991, appellant, the Nova Group, Incorporated, filed an appeal at this Board, from the contracting officer's decision denying appellant's claim of $81,343 for equitable adjustment under Contract GS-11P-88-MKC-O224. That contract was for upgrade of the steam distribution system in the twelfth and fifteenth street tunnels, Central and West Heating Plants, Washington, DC. The contracting officer had ordered Appellant to install a new circuit for the fan motors connected to the system. Appellant claimed that the contracting officer's direction was a constructive change to the contract, requiring an equitable adjustment. In denying the claim, the contracting officer maintained that the ordered work was within the scope of the contract. On February 12, 1993, the contracting officer issued a contract modification, paying appellant $63,000 in full settlement of the claim. On March 16, the parties submitted a stipulation for dismissal of this appeal with prejudice. Consequently, pursuant to the stipulation of the parties and Rule 28(a)(1), this appeal is DISMISSED WITH PREJUDICE. ________________________________ ANTHONY S. BORWICK Board Judge