DISMISSED WITH PREJUDICE: July 19, 1993 GSBCA 12324 JAMES McHUGH CONSTRUCTION COMPANY, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Ronald A. Uitz and Maureen Duignan of Hopkins & Sutter, Washington, DC, counsel for Appellant. Joel D. Malkin, Office of Regional Counsel, General Services Administration, Chicago, IL, counsel for Respondent. DANIELS, Board Judge (Chairman). ORDER On March 8, 1993, James McHugh Construction Company appealed a contracting officer's decision denying the allowability of bond costs incurred by the firm's subcontractors in performing work additional to that prescribed by a contract for the renovation of a federal building in Chicago, Illinois. The General Services Administration, respondent, moved to dismiss the appeal for lack of jurisdiction. The agency's motion was predicated on the theory that the appeal asserted a right to recovery of a sum certain, but appellant had never presented to the contracting officer a claim for such an amount. The motion was made moot when, on May 17, appellant submitted such a claim. On July 13, the contracting officer reversed his earlier position and granted the May 17 claim. Appellant then moved the Board to dismiss the appeal with prejudice. Appellant's unopposed motion is granted; the case is DISMISSED WITH PREJUDICE. _________________________ STEPHEN M. DANIELS Board Judge