__________________________________________ DISMISSED IN PART AND TRANSFERRED IN PART: November 1, 1993 __________________________________________ GSBCA 11802 PAYCO AMERICAN CORPORATION, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. David S. Patterson, Executive Vice President of Payco American Corporation, Inc, Brookfield, WI, appearing for Appellant. John Cornell and David L. Frecker, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. James L. Weiner, Office of the Solicitor, Department of the Interior, Washington, DC, counsel for Bureau of Indian Affairs. DeGRAFF, Board Judge. ORDER This appeal was transferred to us from the Interior Board of Contract Appeals on April 17, 1992, because it appeared that the dispute concerned payments due pursuant to a General Services Administration (GSA) schedule contract. As the case progressed, we learned that the entire dispute does not concern the GSA contract. Instead, appellant's claim includes amounts that it believes are due pursuant to open market contracts with the Department of Interior (Interior), in addition to amounts due pursuant to the GSA schedule contract. Specifically, appellant's claim includes a request for $129,310.06 pursuant to purchase order 6001 and $175,187.50 pursuant to purchase order 0667, both of which were issued in connection with Interior's open market contracts. The parties have resolved all of their differences concerning the GSA schedule contract, and the only remaining dispute concerns amounts due pursuant to open market contracts with Interior. Payco requests that we return what remains of this case to the Interior Board of Contract Appeals. Neither GSA nor Interior objects to Payco's request. Interior notes that its consent does not constitute a waiver of any defense or argument. Therefore, the portion of this appeal that concerns the GSA schedule contract is DISMISSED and the remainder of the appeal is TRANSFERRED to the Interior Board of Contract Appeals. _____________________________ MARTHA H. DeGRAFF Board Judge