1 Board of Contract Appeals General Services Administration Washington, D.C. 20405 _______________________________________________ DISMISSED WITHOUT PREJUDICE: November 5, 1998 _______________________________________________ GSBCA 14030-COM NORTH FLORIDA SHIPYARDS, INC., Appellant, v. DEPARTMENT OF COMMERCE, Respondent. James A. Kelley of Bastianelli, Brown, Touhey & Kelley, Washington, DC, counsel for Appellant. Jerry A. Walz, Kenneth Lechter, and Catherine A. Shea, Office of General Counsel, Contract Law Division, Department of Commerce, Washington, DC, counsel for Respondent. VERGILIO, Board Judge. ORDER Under a contract with the respondent, the Department of Commerce, the appellant, North Florida Shipyards, Inc., performed modifications and repairs to the ALBATROSS IV, a ship of the National Oceanic and Atmospheric Administration. North Florida was unsuccessful in obtaining various amounts it sought through requests for equitable adjustments and through a certified claim. On December 2, 1996, the Board received this appeal; North Florida seeks additional money under the contract. As stated in a stipulation of dismissal without prejudice, submitted by the parties to the Board on November 4, the parties have settled all issues involved in the appeal. The stipulation specifies, "Counsel for Appellant will advise the Board by letter to dismiss with prejudice upon receipt of the agreed-upon settlement; anticipated within the next 14 days." The appeal is DISMISSED WITHOUT PREJUDICE, pursuant to Rule 127(c). Thus, the parties need not inform the Board further of the receipt of the agreed-upon settlement; the dismissal becomes one with prejudice upon the expiration of 180 calendar days from the date of this dismissal, unless either party requests a reinstatement within that time. __________________________ JOSEPH A. VERGILIO Board Judge