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



         _______________________________________________

          DISMISSED WITHOUT PREJUDICE: January 13, 2005
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                         GSBCA 16567-COM


                       KEY FEDERAL FINANCE,
                                 
                                                        Appellant,

                                v.

                     DEPARTMENT OF COMMERCE,

                                                        Respondent.

    Joseph J. Petrillo of Petrillo & Powell, P.L.L.C., Washington, DC, counsel for
Appellant.
    
    Mark Langstein, Office of General Counsel, Department of Commerce, Washington,
DC, counsel for Respondent.

HYATT, Board Judge.

                              ORDER

    On December 27, 2004, appellant, Key Federal Finance, filed a notice of appeal from
a contracting officer's decision dated September 30, 2004, purporting to terminate appellant's
lease for computer equipment "for non-appropriation."  The contracting officer stated that
adequate funds were not available to continue making lease payments.  Appellant by letter
dated January 12, 2005, stated that appellant and respondent have agreed that the contracting officer's letter was not a final decision under the Contract Disputes Act.  41 U.S.C.     601-
613 (2000).  The parties have requested that the appeal be dismissed without  prejudice. 
Accordingly, the parties request is granted.  This appeal is DISMISSED WITHOUT
PREJUDICE.



                                
                                  ____________________________
                                  CATHERINE B. HYATT
                                  Board Judge