DISMISSED WITHOUT PREJUDICE: March 9, 1993
                                                          
 
 
                            GSBCA 12279-COM
 
 
                    REPUBLIC-LAGUN MACHINE TOOL CO.,
 
                                                Appellant,
 
                                   v.
 
                        DEPARTMENT OF COMMERCE,
 
                                                Respondent.
 
        Barry Wolford  of Republic-Lagun  Machine Tool  Co., Carson,
   CA, appearing for Appellant.
 
        Jerry A. Walz  and Lynn  Hawkins Patton,  Office of  General
   Counsel, Department  of  Commerce, Washington,  DC,  counsel  for
   Respondent.
 
   WILLIAMS, Board Judge.
 
                                 ORDER
 
        On  January  26,  1993,  Republic-Lagun  Machine   Tool  Co.
   (Republic-Lagun) appealed  a Department  of Commerce  contracting
   officer's final decision terminating for default contract  number
   50RANB20C041  for two  vertical milling  machines and  requesting
   that  Republic-Lagun pay excess reprocurement costs in the amount
   of $3,252.
 
        On March  2, 1993,  the  respondent filed  a stipulation  of
   dismissal  without prejudice  in accordance  with the  settlement
   reached  by the  parties.   The  settlement  agreement stated  in
   pertinent part:
 
        Whereas, the parties  have reached agreement as  to all
        issues raised in the subject appeal;
 
        NOW THEREFORE, the parties agree as follows:
 
             1.   The  Appellant, on or before 5:00 P.M. MST on
        March 19, 1993, shall deliver to the Department, either
        personally,  or  by  certified  mail,  return   receipt
        requested . .  . the sum of Fifteen  hundred ($1500.00)
        dollars  in the form of  certified check executed by an
        officer of the  Appellant authorized to  execute checks
        on behalf of the Appellant corporation . . . .
 
             2.   Upon receipt of the funds referred  to supra,
        the Respondent shall execute  all documents required to
        convert the  termination for default  to a  termination
        for convenience.
 
             3.   Concurrent   with  the   execution  of   this
        agreement, the parties will execute a stipulation to be
        filed with  the  GSBCA, dismissing  this  case  without
        prejudice subject to both parties fulfilling all of the
        terms and conditions  of this agreement, and  with this
        agreement attached to said stipulation.
 
             4.   The parties  further  agree,  that  upon  the
        fulfillment of all conditions  of this settlement,  the
        parties  will  execute  a  stipulation  dismissing  the
        subject appeal with prejudice.  That further, if either
        party defaults in any of  the terms of this  agreement,
        the  non-faulting  party  may, by  application  to  the
        Board, reinstate the subject appeal.
 
        Accordingly,  this  appeal is  DISMISSED  WITHOUT PREJUDICE.
   Rule 28(a).   This dismissal shall convert  to one with prejudice
   sixty  days from  the  date  of this  order  unless either  party
   requests reinstatement prior to that date.
 
                                      ______________________________
                                      MARY ELLEN COSTER WILLIAMS
                                      Board Judge