Board of Contract Appeals General Services Administration Washington, D.C. 20405 DISMISSED WITH PREJUDICE: January 4, 1999 GSBCA 14190-SBA, 14216-SBA, 14231-SBA, 14273-SBA, 14274-SBA, 14279-SBA S. A. LUDSIN & CO., Appellant, v. SMALL BUSINESS ADMINISTRATION, Respondent. Steven A. Ludsin of S. A. Ludsin & Co., East Hampton, NY, appearing for Appellant; and Roger L. Waldman of Moses & Singer LLP, New York, NY, counsel for Appellant. Eric S. Benderson, David A. Fishman, and Gary Fox, Office of General Counsel, Small Business Administration, Washington, DC, counsel for Respondent. DANIELS, Board Judge (Chairman). ORDER On June 12, 1995, the Small Business Administration (SBA) awarded to S. A. Ludsin & Co. (Ludsin) a contract entitled "Marketing and Sale of the U.S. Small Business Administration COLPUR 'Collateral Purchased' Real Estate." The contract provided that Ludsin "will receive [a] credit (commission) for all properties sold as a direct result of [its] efforts." The contract stated that the contractor may receive a commission on sales of specified properties to specified purchasers which occur within one year after the completion of the contract -- which turned out to be until June 11, 1997. The agency "retain[ed] the authority to accept or decline any bidders' offers at its sole discretion." In six different cases filed with this Board, Ludsin maintained that the SBA's rejection of offers it presented within the relevant time period was in bad faith and constituted a breach of contract. The contractor claimed that it was entitled to commissions. The SBA, consistent with decisions of its contracting officers on the claims, contended that it had no obligation to make these payments. Following a prolonged period of discovery and efforts to settle the case, the parties have now stipulated and agreed to a dismissal with prejudice of all six cases, with each party to bear its own costs, attorney fees, and expenses. The cases are DISMISSED WITH PREJUDICE. Rule 128. _________________________ STEPHEN M. DANIELS Board Judge