Board of Contract Appeals General Services Administration Washington, D.C. 20405 DISMISSED WITHOUT PREJUDICE: December 13, 1999 GSBCA 15037-C(14402) ROI INVESTMENTS, Applicant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Steven C. Underwood of Neider & Boucher, S.C., Madison, WI, counsel for Applicant. Kevin J. Rice, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. DANIELS, Board Judge (Chairman). ORDER The Board granted in part an appeal by ROI Investments of a decision by a General Services Administration contracting officer. ROI Investments v. General Services Administration, GSBCA 14402, 99-1 BCA 30,353, reconsideration denied, 99-2 BCA 30,508. ROI then filed an application for reimbursement of costs under the Equal Access to Justice Act (EAJA), 5 U.S.C. 504 (1994 & Supp. IV 1998). We docketed the application as GSBCA 15037-C(14402). Subsequently, ROI appealed our decision to the Court of Appeals for the Federal Circuit. ROI Investments v. Barram, No. 00-1095 (Fed. Cir. Nov. 23, 1999). An application for costs under EAJA is to be filed "within thirty days of a final disposition in the adversary adjudication." 5 U.S.C. 504(a)(2) (1994). The Board's Rules of Procedure specify that when we decide an appeal of a contracting officer's decision, and our decision is appealed to the Court of Appeals, the decision does not become final (for purposes of this time limitation) until the time for petitioning the Supreme Court for certiorari has expired. Rule 135(b) (48 CFR 6101.35(b) (1998)). Because the decision in the case underlying this cost application is on appeal, it is not yet final for EAJA purposes. The cost application was consequently filed prematurely. Travel Centre v. General Services Administration, GSBCA 15132-C(14057) (Nov. 3, 1999). We pointed out this infirmity to the parties and asked whether they objected to our dismissing the application without prejudice, pursuant to Rule 127(c), Dismissal in lieu of stay or suspension. Neither party objected. Consequently, the case is DISMISSED WITHOUT PREJUDICE. The application may be refiled within thirty days of the date on which final disposition of the underlying case occurs. The Board will retain the file for GSBCA 15037-C(14402), and if the cost application is timely refiled, we will incorporate this file into the refiled case. _________________________ STEPHEN M. DANIELS Board Judge