DISMISSED WITHOUT PREJUDICE: September 16, 1993 GSBCA 12555-COM CXR TELECOM, Appellant, v. DEPARTMENT OF COMMERCE, Respondent. Brett A. Alcala of Mousalam, Katzman & Alcala, Palo Alto, CA, counsel for Appellant. Jerry A. Walz and Mark Langstein, Office of General Counsel, Contract Law Division, Department of Commerce, Washington, DC, counsel for Respondent. LaBELLA, Board Judge. ORDER On August 25, 1993, the Board docketed a petition by CXR Telecom. CXR requested that the Board direct the contracting officer to issue a decision on a claim within a specified period of time. On August 26, 1993, the Board issued an Order on Further proceedings requesting the parties to file with the Board their respective positions, and memorandums in support thereof, as to whether petitioner's claim is one that is cognizable under the Contract Disputes Act and whether the provisions of 41 U.S.C. 605(c)(4) apply. On September 3, 1993, the Board received a Request for Dismissal Without Prejudice filed by petitioner. CXR requests that this matter be dismissed without prejudice so that the parties may continue to pursue all available remedies before the Comptroller General. Respondent concurs with CXR's request. Accordingly, CXR's request is granted. This matter is DISMISSED WITHOUT PREJUDICE. Rule 28. _______________________________ VINCENT A. LaBELLA Board Judge