Board of Contract Appeals General Services Administration Washington, D.C. 20405 ______________________________________________ DISMISSED WITHOUT PREJUDICE: March 25, 2003 ______________________________________________ GSBCA 16091 XEROX CAPITAL SERVICES, LLC, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Richard D. Lieberman and Karen R. O'Brien of McCarthy, Sweeney & Harkaway, P.C., Washington, DC, counsel for Appellant. Michael D. Tully, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. NEILL, Board Judge. ORDER Counsel for appellant has moved to dismiss this case without prejudice pursuant to Board Rule 128(b). Counsel for respondent does not oppose the motion. Further, in a brief telephonic conference with the Board and opposing counsel on this same date, counsel for appellant has confirmed that he is well aware, pursuant to the aforesaid rule, that this dismissal will be deemed to be with prejudice as of the expiration of 180 calendar days from the date of this dismissal. Accordingly, appellant's motion is granted. This case is DISMISSED WITHOUT PREJUDICE. __________________________ EDWIN B. NEILL Board Judge