____________________________________________ DISMISSED WITH PREJUDICE: September 1, 1993 ____________________________________________ GSBCA 11979-COM PRC, INC., Appellant, v. U.S. DEPARTMENT OF COMMERCE, Respondent Terry L. Albertson and Linda S. Bruggeman of Crowell & Moring, Washington, DC, counsel for Appellant. Jerry A. Walz, Lisa J. Obayashi, and Fred Kopatich, U.S. Department of Commerce, Washington, DC, counsel for Respondent. DeGRAFF, Board Judge. ORDER On April 12, 1984, the parties entered into contract 50- SAPT-4-00319 for the design, development, and implementation of an automated patent system. On May 22, 1992, the contracting officer denied appellant's claim for the payment of certain fixed fees, and appellant filed this appeal on August 18, 1992. On August 31, 1993, the parties filed a Dismissal Stipulation. That afternoon, the Board convened a status conference to clarify two issues concerning the stipulation: 1. The stipulation is signed on behalf of appellant by an attorney who has not entered an appearance in this appeal and who is not a member of the law firm that employs appellant's counsel of record. The stipulation is signed by appellant's counsel of record as the representative of a subcontractor and not as a representative of appellant. Counsel agreed that the Board may edit the stipulation to reflect that appellant's counsel of record represents both appellant and its subcontractor. 2. The stipulation requests a dismissal without prejudice, even though the contracting officer has withdrawn the decision from which appellant appeals. If the contracting officer issues a new decision and if appellant does not agree with the new decision, appellant may appeal from the new decision. Given these facts, the parties agreed that it is proper to dismiss this appeal with prejudice. Accordingly, this appeal is DISMISSED WITH PREJUDICE. Rule 28(a). ______________________________ MARTHA H. DeGRAFF Board Judge