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       GSBCA 12938 DISMISSED WITHOUT PREJUDICE: September 1, 1994
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                           GSBCA 12822, 12938
 
 
                           TWIGG CORPORATION,
 
                                                Appellant,
 
                                   v.
 
                    GENERAL SERVICES ADMINISTRATION,
 
                                                Respondent.
 
        John E. Belt of John E. Belt & Associates, Falls Church, VA,
   counsel for Appellant.
 
        Kenneth  E.  Kendell,  Office of  Regional  Counsel, General
   Services   Administration,   Philadelphia,    PA,   counsel   for
   Respondent.
 
   WILLIAMS, Board Judge.
 
                                 ORDER
 
        On August  17,  1994, appellant  Twigg  Corporation  (Twigg)
   filed   an  appeal   from  a   General  Services   Administration
   contracting officer's deemed  denial of its claim  under contract
   number GS-03P-93-DXC-0040 for construction of a new computer room
   at  the  Metro West  Building  in Baltimore,  Maryland.   Twigg's
   appeal  was docketed  as GSBCA 12938  and  was consolidated  with
   Twigg's first appeal under this contract, GSBCA 12822.  On August
   26,  1994, respondent  filed  a  motion  to dismiss  GSBCA  12938
   stating that  Twigg had  filed the  appeal  before the  sixty-day
   response period had  expired under the Contract  Disputes Act and
   that  the  contracting officer  had  issued a  final  decision on
   August 18, 1994.
 
        On  August  30,   1994,  Twigg  filed  a   concurrence  with
   respondent's  motion  to  dismiss stating  that  it  received the
   contracting  officer's final decision on August 25, 1994, and had
   no  objection to  dismissing GSBCA  12938  without prejudice  and
   allowing refiling  of the appeal on the basis of an actual denial
   instead of a deemed denial.
 
 
        Accordingly,  GSBCA 12938  is  DISMISSED WITHOUT  PREJUDICE.
   This case shall  be deemed to have been  dismissed with prejudice
   twenty  calendar days  from the  date of this  order or  upon the
   Board's  docketing  of  appellant's  appeal  of  the  contracting
   officer's  final  decision  of  August  18,  1994,  whichever  is
   earlier.
 
                                      ______________________________
                                      MARY ELLEN COSTER WILLIAMS
                                      Board Judge