__________________________________________________ DISMISSED WITHOUT PREJUDICE: February 1, 1994 __________________________________________________ GSBCA 12561 ELEVATOR TECHNOLOGY, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Milton L. Smith and Durward E. Timmons of Sherman & Howard, Colorado Springs, CO, counsel for Appellant. Leigh Ann Holt, Office of Regional Counsel, General Services Administration, Denver, CO, counsel for Respondent. PARKER, Board Judge. ORDER Elevator Technology, Inc. filed this appeal with the Board on August 27, 1993, from the General Services Administration's decision to terminate contract No. GS-07P-92-JWC-0116 for default. On January 26, 1994, the Board received the parties' joint stipulation for dismissal without prejudice, that provided as follows: Pursuant to Rule 28 of the Board's Rules of Procedure, Elevator Technology, Inc. ("ETI" or "Appellant") and the General Services Administration ("GSA" or "Respondent") respectfully request that the Board hereby dismiss without prejudice the above-referenced appeal. Further, upon notification by the parties to the Board of final settlement between the parties on the issue of quantum, the dismissal shall convert to a dismissal with prejudice. Pursuant to a Preliminary Settlement Agreement dated January 25, 1994, GSA will convert ETI's termination for default to a termination for convenience. In addition, GSA and ETI have agreed to negotiate the issue of quantum. If an agreement cannot be reached, GSA and ETI will utilize Alternative Disputes Resolution (ADR) techniques in a further attempt to reach a settlement. If these initiatives fail, either party may return to the Board with a request for a decision regarding quantum entitlement. WHEREFORE, the parties hereby request that this appeal be dismissed without prejudice. In accordance with the above-stated terms requested by the parties, this appeal in DISMISSED WITHOUT PREJUDICE. Rule 28(a). ____________________________ ROBERT W. PARKER Board Judge