_________________________________________ DISMISSED WITH PREJUDICE: July 28, 1992 _________________________________________ GSBCA 11861 FOX-RICH TEXTILES, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. James Reich, President of Fox-Rich Textiles, Inc., Ridgefield, CT, appearing for Appellant. Jerry Ann Foster, Office of Regional Counsel, General Services Administration, Fort Worth, TX, counsel for Respondent. PARKER, Board Judge. ORDER The Board docketed this appeal on May 26, 1992, filed by Fox-Rich Textiles, Inc., appealing its termination for default and the assessment by the General Services Administration for excess reprocurement costs. On July 24, the Board received a settlement agreement and stipulation from the parties, as follows: THIS AGREEMENT, entered into by and between the United States of America, acting by and through the duly authorized representative of the Administrator of General Services Administration (herein "GSA"), and Fox-Rich Textiles, Inc. herein [(]"Fox-Rich"); WITNESSETH: WHEREAS, GSA awarded Contract No. GS-07F- 16738 to Fox-Rich for an indefinite quantity stock requirement, Federal Supply Class 8305-Cloth, Flannel, Sheeting, Denim, Bunting and Muslin for the contract period January 1, 1989, through June 30, 1990; and WHEREAS, problems developed in regard to two orders, Order F-W-FS735-1 for NSN 8305-00-222-2415 and Order F-W-FS736-1 under NSN 8305-00-222-2415; and WHEREAS, on March 19, 1991, GSA through the contracting officer Terminated for Default the right of Fox-Rich to continue performance of this contract; and WHEREAS, the terminated orders were reprocured on May 14, 1991, with an excess cost amounting to the total sum of $1,975.12, based upon excess costs for reprocurement of NSN 8305- 00-222-2415 in the amount of $913.56 and Order F- W-FS736-1 [u]nder NSN 838-00-222-2415 in the amount of $1,061.56; and WHEREAS, on May 7, 1992, demand was made on Fox-Rich to pay the excess reprocurement cost of $1975.12; and WHEREAS, Fox-Rich filed Appeal No. 11861 with GSBCA on May 26, 1992, appealing the Termination for Default of the above orders and the excess reprocurement costs assessed against Fox-Rich; and WHEREAS, both parties agree that the amount of the dispute is insignificant in regard to the issues involved and the length of time and costs to continue the dispute through final appeal under GSBCA procedures; and WHEREAS, the parties have determined that it would be in their best interest to resolve and settle all matters in dispute under said contract; NOW, THEREFORE, in consideration of the foregoing premises, the GSA and Fox-Rich agree as follows: 1. The parties agree that GSBCA No. 11861 and any other appeals arising under this contract shall be dismissed, and by agreement with this settlement agreement each party forever discharges, remises, and releases the other party, its agents, servants, employees, officials, successors, and assigns of and from all claims, demands, actions, suits, debts, charges, causes of action, and claims of liability, of any character, type, or description (including any claims for attorneys fees, interests, or other costs), that any party may have against the other arising from or relating to Contract No. GS-07F16738. 2. GSA and Fox-Rich have agreed to compromise the disputed amount of $1,975.12 with GSA agreeing to issue a modification of the demand in the total amount of $987.56 as full settlement for all claims, and Fox-Rich has agreed to pay to GSA the total amount of $987.56 as full settlement for all claims; and 3. As between the parties hereto, nothing contained in this Settlement Agreement shall be construed as an admission of liability or fact or as an admission against interest by either party hereto. 4. The parties to this Settlement Agreement have had adequate time to reflect upon and consider the terms of this agreement and have executed this Settlement Agreement voluntarily and free from improper influence or duress. 5. The parties hereto agree that in construing this Settlement Agreement, no inference premised upon the origin or authorship of any language used herein shall be drawn. 6. This Settlement Agreement, upon payment of the $987.56 by Fox-Rich to GSA, shall be binding upon the parties, their successors, and assigns. STIPULATION The parties agree that the disputes which served as the basis of the subject appeals have been resolved. The parties further agree that these appeals should be dismissed with prejudice in accordance with Board Rule 28(a). Accordingly, this appeal is DISMISSED WITH PREJUDICE. Board Rule 28(a). _______________________________ ROBERT W. PARKER Board Judge