Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
                ________________________________________
 
                DISMISSED WITH PREJUDICE:  May 17, 2000
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                            GSBCA 14557-IBWC
 
 
                   WESTERN SUMMIT CONSTRUCTORS, INC.,
 
                                                Appellant,
 
                                   v.
 
              INTERNATIONAL BOUNDARY AND WATER COMMISSION,
 
                                                Respondent.
 
        Colin Reid, Steamboat Springs, CO, counsel for Appellant.
 
        William   A.    Wilcox,   Jr.,  Office  of   Legal  Counsel,
   International Boundary and Water Commission, El Paso, TX, counsel
   for Respondent.
 
   HYATT, Board Judge.
 
                                 ORDER
 
        On  April 15,  1998, the  Board  docketed this  appeal of  a
   contracting officer's decision  denying an extension of  time for
   performance of  additional site  lighting work  under a  contract
   entered   into  between   Western   Summit  Constructors,   Inc.,
   appellant,  and  the  International  Water  Boundary  Commission,
   respondent.  It  is the Board s  understanding that this  dispute
   has been fully settled  by the parties and that, under  the terms
   of the  settlement, counsel  for appellant was  to file  a formal
   request that the matter be dismissed.  In recent months, however,
   we have been  unable to contact counsel for  appellant to confirm
   that this matter may be dismissed as settled.  
 
        On April 10, 2000, counsel for respondent sent  us a copy of
   modification  number  78  to the  contract  between  the parties.
   Paragraph 3 of the modification provides that as a result of that
   agreement,  the contractor agrees  to withdraw this  appeal. Upon
   receipt of a copy of the  modification, the Board issued an order
   informing the  parties that,  if no  further communications  were
   received  from counsel  by  May  15, 2000,  the  appeal would  be
   dismissed with prejudice.  Nothing further has been submitted.
 
 
        Accordingly, this appeal is DISMISSED WITH PREJUDICE.
   ____________________________
 
                                           CATHERINE B. HYATT
                                           Board Judge