DISMISSED: May 21, 1997 GSBCA 13498-TD, 13589-TD SYSOREX INFORMATION SYSTEMS, INC., Appellant, v. DEPARTMENT OF THE TREASURY, Respondent. E. Sanderson Hoe and Philip H.M. Beauregard of McKenna & Cuneo, L.L.P., Washington, DC, counsel for Appellant. James L. Adler, Office of Chief Counsel, United States Mint, Washington, DC, counsel for Respondent. GOODMAN, Board Judge. ORDER On February 20, 1990, Sysorex Information Systems, Inc. (appellant) was awarded a contract by the Department of the Treasury, United States Mint (respondent), for hardware and software enhancements, telecommunications services, capacity planning, automated data processing personnel, and other services required for the support and operation of respondent's information systems network. The contract at issue was modified on several occasions. On April 28, 1995, respondent unilaterally reduced the value of the contract by $66,398, alleging that appellant incorrectly billed respondent this amount by calculating labor at fixed, negotiated rates rather than lower, actual rates for work performed under three modifications. On August 1, 1995, appellant filed a claim with the contracting officer seeking a credit of $38,098 for application of actual burdened rates to actual labor rates. The claim was denied on September 22 on the basis that all rates negotiated were fixed throughout the performance period. Appellant filed an appeal with the Board on December 19. That appeal was docketed as GSBCA 13498- TD. Appellant then filed a second claim with the contracting officer on December 18, 1995, seeking reimbursement of $66,398, the value of work at the fixed, negotiated labor rates. This claim was also denied and appellant filed an appeal of that decision on May 6, 1996. That appeal was docketed as GSBCA 13589-TD. The appeals were consolidated. On September 27, 1996, the panel chair convened an alternative dispute resolution proceeding which resulted in an agreement between the parties to settle the dispute. On May 14, 1997, the parties filed a joint motion requesting dismissal of the appeals with prejudice. Accordingly, the above consolidated appeals are DISMISSED pursuant to Rule 128(a). ___________________ ALLAN H. GOODMAN Board Judge