DISMISSED WITHOUT PREJUDICE: July 1, 1994 GSBCA 12499-TD CAPITOLCARE BUILDING SERVICES, INC., Appellant, v. DEPARTMENT OF THE TREASURY, Respondent. Sam Zalman Gdanski, Suffern, NY, counsel for Appellant. Donald Suica and Lori R. Larson, Public Contract Law Branch, General Legal Services, Office of Chief Counsel, Internal Revenue Service, Washington, DC, and James N. Beyer, General Legal Services, Office of Regional Counsel, Internal Revenue Service, Philadelphia, PA, counsel for Respondent. DANIELS, Board Judge (Chairman). ORDER On July 16, 1993, CapitolCare Building Services, Inc., appealed a contracting officer's decision which denied the contractor's claim for a refund of $107,772.41 in deductions taken by the Government from payments due under a janitorial services contract. The case was set for hearing on May 2, 1994. Due to the contracting officer's illness, the hearing was postponed. The parties then began settlement negotiations, and by June 1, a settlement in principle was reached. On July 1, appellant filed a motion to dismiss the appeal without prejudice, with a proviso that the case could be reinstated only if an agreed-upon contract modification is not effectuated. In accordance with appellant's request, the case is DISMISSED WITHOUT PREJUDICE. This dismissal shall become one with prejudice on the ninetieth day following the issuance of this order, unless either party earlier moves for reinstatement. _________________________ STEPHEN M. DANIELS Board Judge