________________________________________ DISMISSED WITH PREJUDICE: April 17, 1997 ________________________________________ GSBCA 13932 NORTH POINTE PROPERTIES, LTD., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. James H. Roberts, III, of Manatt, Phelps & Phillips, Washington, DC, counsel for Appellant. Marilyn M. Paik, Office of Regional Counsel, General Services Administration, San Francisco, CA, counsel for Respondent. VERGILIO, Board Judge. ORDER On October 31, 1996, the Board received this appeal from North Pointe Properties, Ltd., the lessor under a contract with the respondent, the General Services Administration. North Pointe seeks $71,355.32, as the value of materials and work performed associated with carpet removal and replacement at the direction of the contracting officer. The agency has paid $42,236.82, plus interest, and asks for a refund of any amount deemed overpaid. Disputes exist as to whether the work falls within the scope of the lease and the method for calculating the reimbursable amount. The parties have opted to resolve this case using alternative dispute resolution (ADR) techniques--submitting the case on the written record, with briefs and replies, with the judge issuing a binding, non-appealable determination and dismissing the case with prejudice. Rule 204. North Pointe is not entitled to reimbursement in addition to that paid. The agency lacks a basis to reduce or recover the amount paid for the work performed. The Board DISMISSES WITH PREJUDICE the appeal. ______________________________ JOSEPH A. VERGILIO Board Judge