DISMISSED: April 22, 1994 GSBCA 12763 WAY ENGINEERING COMPANY, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Michael D. Leach, President of Way Engineering, Houston, TX, appearing for Appellant. Kevin M. Myles, Office of Regional Counsel, General Services Administration, Fort Worth, TX, counsel for Respondent. GOODMAN, Board Judge. ORDER On August 18, 1991, Way Engineering Company, Inc. (appellant) was awarded a contract by respondent, the General Services Administration (GSA), for the installation and work on a heating, ventilation, and air conditioning (HVAC) system to be installed at a federal building in Houston, Texas. Appellant allegedly experienced delays and equipment failures, and during one of these failures, excessive heat buildup allegedly caused damage to computer circuit boards. A broken fan belt and misalignment of the motor and fan sheaves was determined to be the cause of the heat buildup. Respondent contends that appellant is liable for the damage to Government property and withheld $9,612.84 from appellant as an offset against the damage. Appellant alleges that GSA was responsible for providing backup units, and had these two backup chillers been operational and functioning, the damage to Government property may have been avoided. On April 8, 1993, appellant submitted a claim to the contracting officer, and on June 24, 1993, respondent issued its decision denying appellant's claim in full. Appellant claims it did not receive the contracting officer's decision until January 28, 1994, and on February 18, 1994, the Board docketed appellant's notice of appeal. On March 23, 1994, the Board suspended proceedings in this appeal to enable the parties to explore settlement possibilities. On April 19, the parties filed a joint stipulation for dismissal with prejudice stating, in part: The parties have resolved the issues in dispute between them and before the Board in this appeal. This settlement is in full settlement and satisfaction of all cost claimed by appellant . . . . The parties have reached a negotiated settlement of all issues related to the costs or claims incurred by appellant . . . . This is a full and complete settlement and satisfaction of any clam under the contract which the appellant may have against the Government. The parties hereby stipulate and agree that the Board is requested to enter an order dismissing with prejudice the appeal of Way Engineering Company, Inc. (GSBCA No. 12763). Accordingly, pursuant to Rule 28(a) and the stipulation of the parties, this appeal is DISMISSED. ___________________ ALLAN H. GOODMAN Board Judge