_______________________________________________ DISMISSED WITHOUT PREJUDICE: December 12, 1994 _______________________________________________ GSBCA 12253 SAE/AMERICON - MID ATLANTIC, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Mark Seiden of Gogick & Seiden, New York, NY; and Peter M. D'Ambrosio and Mark E. Hanson of Smith, Pachter, McWhorter & D'Ambrosio, Vienna, VA, counsel for Appellant. Robert C. Smith, Martin A. Hom, and M. Leah Wright, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. HYATT, Board Judge. ORDER This appeal concerns a claim for an equitable adjustment in the amount of $627,515 and a time extension of 40 days incurred in connection with alleged materially different site conditions encountered during the drilling and installation of caissons into bedrock under a contract to construct the Trenton Courthouse Annex. Respondent, the General Services Administration (GSA), has moved for dismissal of the appeal on the ground that the requisite certification of the claim pursuant to the Contract Disputes Act of 1978, 41 U.S.C. 605(c)(1),(6) (Supp. V 1993), was never submitted to the contracting officer. Following a conference convened by the Board with the parties, the following joint stipulation of dismissal was filed: The parties agree to the dismissal of the captioned appeal without prejudice under the following terms and conditions: 1. The substantive issues and resultant costs sought through the captioned appeal are restated and incorporated within Appellant's Consolidated Schedule Impact Claim ("Consolidated Claim"). 2. Appellant certified the Consolidated Claim in accordance with the Contracts Dispute Act of 1978 and submitted it to the Contracting Officer by letter dated April 28, 1994. 3. The Contracting Officer, in a Final Decision dated July 7, 1994, denied the Consolidated Claim in its entirety, which decision Appellant timely appealed to this Board by Notice of Appeal dated July 13, 1994, the appeal being docketed as GSBCA No. 12907. In accordance with the request of the parties, GSBCA 12253 is hereby DISMISSED WITHOUT PREJUDICE. _______________________________ CATHERINE B. HYATT Board Judge