DISMISSED WITH PREJUDICE: March 25, 1993 GSBCA 12129 SMITH & NEPHEW ROLYAN, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. John Clark, President of Smith & Nephew Rolyan, Inc., Menomonee Falls, WI, appearing for Appellant. Jerry Ann Foster, Esquire, Office of General Counsel, General Services Administration, Fort Worth, TX, counsel for Respondent. NEILL, Board Judge. ORDER On August 10, 1992, the General Services Administration (GSA) issued a final decision seeking from Smith & Nephew Rolyan, Inc., breach of contract damages in the amount of $54,476. The Government claim was based on a postaward audit for contact number GS-07F-17492. On October 14, appellant filed this appeal contesting the Government's claim. The Board subsequently issued an order for further proceedings requiring appellant to file a formal complaint or designate documents to serve as a complaint, on or before December 9. This order also established January 8, 1993, as the filing date for respondent's answer. On January 8, respondent filed a motion to dismiss this appeal as frivolous because appellant had yet to file a complaint. By letter dated January 11, appellant opposed the dismissal and informed the Board that it was under the impression that no further action was required after filing the notice of appeal. Appellant, thereupon, filed a complaint on January 15. On February 3, the Board denied respondent's motion to dismiss appellant's appeal, since a complaint had been filed and there was no showing of prejudice to respondent. On March 12, the appellant advised the Board that it was withdrawing its appeal in view of a settlement agreement reached with respondent. DECISION Accordingly, pursuant to Rule 28(a), this appeal is DISMISSED WITH PREJUDICE. ____________________ EDWIN B. NEILL Board Judge CERTIFIED MAIL - RETURN RECEIPT REQUESTED March 25, 1993 Mr. John Clark Smith & Nephew Rolyan, Inc. N93 W14475 Whittaker Way Menomonee Falls, WI 53051 Jerry Ann Foster, Esq. Assistant Regional Counsel (7L) General Services Administration 819 Taylor Street, Room 11C01 Fort Worth, TX 76102 Subject: GSBCA 12129 - Smith & Nephew Rolyan, Inc. v. General Services Administration Contract No. GS-07F-17492 Dear Mr. Clark and Ms. Foster: Enclosed is an order of dismissal issued by the Board on this appeal. Sincerely, EDWIN B. NEILL Board Judge Enclosure bcc: Official GJ Reading GJ Log GA Jeff Case Tracking (if applicable) _____________ Monthly Report (if applicable) _____________ + Distributees listed in official file (if docketing order) GJ:EBNeill:nrw:501-0402:2/3/93 Document names: RIVERAN/SMITHNEPHEW_12129.DISMISSAL.DEC cc: Ms. Sharon Strohecker Contracting Officer General Services Administration Region 7, ATTN: 7FQC 819 Taylor Street Fort Worth, TX 76102 \