Board of Contract Appeals
                 General Services Administration
                      Washington, D.C. 20405



                                                           

                   DISMISSED: February 9, 2005
                                                           


                           GSBCA 16531


                           HIRAM CUETO,

                                             Appellant,

                                v.

                 GENERAL SERVICES ADMINISTRATION,

                                             Respondent.

     Hiram Cueto, pro se, Ceres, CA.

     Andrew J. Sinn, Office of Regional Counsel, General Services Administration,
Atlanta, GA, counsel for Respondent.

DANIELS, Board Judge (Chairman).

                              ORDER

     Hiram Cueto purchased a gas chromatograph at an on-line auction conducted by the
General Services Administration.  When he received the chromatograph, he contacted the
contracting officer responsible for the auction and complained that the instrument had been
misdescribed.  He offered to return the chromatograph, in exchange for a refund of the
purchase price, or alternatively to keep the instrument if the contracting officer would refund
part of that price.  The contracting officer declined either option, and Mr. Cueto appealed her
decision.

     Through cooperative discussions between Mr. Cueto and agency counsel, the parties
have now settled the case and ask the Board to dismiss it.  The agency has agreed to pay Mr.
Cueto a sum of money, and he has agreed to retain ownership of the chromatograph.

     The parties' request is granted.  The case is DISMISSED.





                                   _________________________ 
                                   STEPHEN M. DANIELS
                                   Board Judge