________________________________________________ DISMISSED WITHOUT PREJUDICE: April 23, 1993 ________________________________________________ GSBCA 11953 ACME ELECTRIC, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Neal J. Sweeney and George Papaioanou of Smith, Currie & Hancock, Atlanta, GA, counsel for Appellant. M. Leah Wright, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. HYATT, Board Judge. ORDER This appeal challenged a contracting officer's decision denying a claim brought by Acme Electric, Inc. for an equitable adjustment to the price of a contract with the General Services Administration (GSA). The contract was for the removal and disposal of an estimated quantity of nineteen cubic feet of PCB contaminated concrete and for its replacement with new concrete. During the course of performance GSA required removal and replacement of an additional 158 cubic feet of contaminated concrete. Acme's sought the amount of $171,283 in increased costs incurred which had not been compensated by GSA. On April 22, 1993, the parties filed with the Board a joint stipulation for dismissal of the appeal without prejudice. According to the dismissal request, the parties have entered into a settlement agreement resolving all claims under the appeal. Accordingly, pursuant to the stipulation of the parties and Rule 28, this case is dismissed without prejudice. This dismissal will be deemed to be "with prejudice" 120 days from the date of this order unless a party, prior to the expiration of that period, moves for reinstatement of the appeal. ______________________________ CATHERINE B. HYATT Board Judge