DISMISSED: March 20, 1997 GSBCA 12945 H & A ENGINEERS, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. David W. Mockbee and Danny A. Drake of Mockbee Hall & Drake, Jackson, MS, counsel for Appellant. Nora A. Huey, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. GOODMAN, Board Judge. ORDER On September 10, 1993, appellant, H & A Engineers, Inc. (H & A), was awarded a contract by respondent, the General Services Administration (GSA), for the installation of a new energy management system in the United States Courthouse and Customhouse in Toledo, Ohio. In February 1994, appellant made its submittal to GSA which contained the description of the equipment that it was proposing to install. On March 17, 1994, appellant was notified by the project architect that certain alleged deficiencies existed in its submittal, specifically, the failure to offer to supply "specified" brand equipment. Appellant responded to the deficiency letter, but its submittal was rejected on March 22, 1994. H & A submitted a certified claim to the contracting officer on May 3, 1994, for additional costs, costs of delays, and the increase in time to procure the "specified" brand equipment and requested that the contracting officer either meet with H & A to discuss and approve its submittal or issue a final decision. The contracting officer responded to H & A s claim on May 18, 1994, but appellant asserts that the letter did not advise H & A of its appeal rights and was therefore not an appealable final decision. Appellant ultimately supplied the "specified" brand equipment and on May 20, 1994, submitted a revised claim to the contracting officer seeking an adjustment to the contract price for a constructive change. H & A never received a final decision from the contracting officer or a response to its revised claim of May 20, 1994, and filed this appeal of a deemed denial of its claim on August 23, 1994. On June 6, 1996, the panel chair convened an alternative dispute resolution (ADR) proceeding which resulted in an agreement between the parties to settle the appeal. On March 19, 1997, the parties filed a joint stipulation of dismissal which stated that all issues in dispute have been fully compromised and settled between the parties. Accordingly, this appeal is DISMISSED. Rule 128(a). _________________________ ALLAN H. GOODMAN Board Judge