_________________________________________________________ DISMISSED WITHOUT PREJUDICE: December 16, 1992 _________________________________________________________ GSBCA 11838 HOCKING INTERNATIONAL CHEMICAL CORPORATION, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Ed Hocking, President of Hocking International Chemical Corporation, National City, CA, appearing for Appellant. Kathryn G. Teller, Office of Regional Counsel, General Services Administration, San Francisco, CA, counsel for Respondent. PARKER, Board Judge. ORDER On May 8, 1992, the Board docketed this appeal filed by Hocking International Chemical Corporation from a contracting officer's decision concerning packaging/packing requirements for cleaning compounds under contract number GS-10F-48002. The Board received the Rule 4 appeal file in this appeal on June 12. In a letter received by the Board on June 15, appellant designated its notice of appeal as the complaint. Respondent's answer to the complaint was received by the Board on July 13. At the request of the parties, the Board suspended proceedings while settlement was being negotiated. On December 3, the Board received the parties' Settlement Agreement with Order of Dismissal and Stipulation for Entry of Judgment After Default, which provided as follows: SETTLEMENT AGREEMENT WITH ORDER OF DISMISSAL AND STIPULATION FOR ENTRY OF JUDGMENT AFTER DEFAULT Appellant Hocking International Chemical Corporation (hereinafter, "Hocking"), and Respondent General Services Administration (hereinafter, "GSA"), by the undersigned duly authorized representatives, hereby stipulate and agree as follows: 1. Hocking acknowledges that it is obligated to pay to GSA the sum of $6,533.55 plus additional interest at the rate of 7.0% from October 1, 1992, to reimburse GSA for costs incurred in disposing of products Hocking provided to GSA under the subject contract. 2. Hocking and GSA agree that Hocking's obligation to GSA may be satisfied under the following terms and conditions: a. Hocking shall pay to GSA twelve (12) equal monthly installments of $565.33 each, consisting of principal and interest. b. Hocking shall pay said installments to: GENERAL SERVICES ADMINISTRATION, ACCOUNTS RECEIVABLE BRANCH (6BCRG), POST OFFICE BOX 73221, CHICAGO, ILLINOIS 60673. Each such installment shall be paid on the first of each month, beginning on November 1, 1992 and ending on September 1, 1993, except that there shall be an initial payment due on the date this Agreement is executed in October 1992. c. Hocking shall execute, contemporaneously with the execution of this Agreement, an Installment Note (in the form attached as Exhibit 1 to this Agreement), evidencing said indebtedness to GSA and the terms of repayment. 3. If Hocking fails to make any payment within five (5) days of the date payment is due, Hocking shall be in default under this Agreement. 4. Should Hocking default under the terms of this Settlement Agreement, GSA shall have the immediate right to enter the attached Stipulated Judgment against Hocking in the amount of the entire outstanding balance of principal and interest at the time of default, plus interest accruing after the date of entry of the Stipulated Judgment at the then current legal rate of judgments. Upon entry of judgment, GSA may have execution thereon. 5. Should such Stipulated Judgment be entered, Hocking shall have thirty (30) days to cure said default. Thereafter, GSA shall have the immediate right to execute on Hocking's assets, the cost of any execution and the cost of recording any Abstract of Judgment or similar documents to be borne by defendant. 6. All demands, notices, and other communications to Hocking will be sent to it at 2121 Hoover Avenue, National City, California 91950. Hocking agrees to promptly notify GSA in writing of any change in that address. 7. Hocking has the right to prepay at any time the entire outstanding balance of principal and interest without prejudice or penalty. 8. The terms of this Agreement shall not be reported to any creditor, potential creditor or credit reporting company by GSA, except and until such time as Hocking is in default of the Agreement. 9. In case of default, all costs, including attorneys' fees, incurred in recording, filing, executing or levying, satisfying, or otherwise servicing this judgment shall be paid by Hocking. 10. This Appeal shall be dismissed without prejudice through and until October 15, 1993, at which time this Appeal shall be dismissed with prejudice, unless respondent GSA has prior to October 15, 1993, entered the attached Stipulation for judgment. STIPULATED JUDGMENT IT IS HEREBY STIPULATED between appellant, Hocking International Chemical Corporation (hereinafter, "Hocking"), and the General Services Administration (hereinafter, "GSA"), that judgment be entered against said appellant. The terms of this Stipulated Judgment are as follows: 1. The General Services Board of Contract Appeals ("Board") has jurisdiction over the subject matter of this dispute and over the parties to this Stipulated Judgment. 2. Both parties consent to entry of this judgment and waive their right to trial before the Board. 3. Hocking is liable to GSA for the outstanding sums due under the Installment Note annexed to this Judgment. 4. The parties agree that the amount due on the note on October 1, 1992, was $6,533.55, and that interest continues to accrue thereafter at the rate of 7.0% per annum until entry of this judgment. 5. This Stipulated Judgment shall bear interest at the legal rate on and from the date of entry of judgment, as set by the Secretary of the Treasury pursuant to section 12 of the Contract Disputes Act of 1978 (Public Law 95-563), until paid in full. 6. All costs incurred in recording, filing, executing or levying on, satisfying, or otherwise servicing this judgment shall be paid by Hocking. Decision This appeal is DISMISSED WITHOUT PREJUDICE in accordance with the parties' settlement agreement. Rule 28. ______________________________ ROBERT W. PARKER Board Judge