!R! CALL BCA; EXIT; _____________________________________________ DISMISSED WITHOUT PREJUDICE: July 8, 1992 ______________________________________________ GSBCA 11833-P INTEGRATED SYSTEMS GROUP, INC., Protester, v. DEPARTMENT OF THE NAVY, Respondent, and FEDERAL SYSTEMS GROUP, INC., Intervenor. Stephen L. Mills, Vice President, Marketing, Integrated Systems Group, Inc., Vienna, VA, appearing for Protester. Ellen D. Washington, David P. Andross, and Thomas L. Frankfurt, Information Technology Acquisition Center, Department of the Navy, Washington, DC, counsel for Respondent. Richard J. Conway, William F. Savarino, and C. Patteson Cardwell IV of Dickstein, Shaprio & Morin, Vienna, VA, counsel for Intervenor. HENDLEY, Board Judge. ORDER On May 8, 1992, the protester, Integrated Systems Group, Inc. (ISG), filed a protest with this Board. Federal Systems Group, Inc. (FSG) promptly intervened. We held a prehearing conference on May 18, 1992, which was attended by all the parties. At that time, the intervenor, FSG, directed our attention to certain deficiencies in the protester's complaint. On its face, the complaint failed to aver or set out a protestable matter. We allowed the protester until 12 noon on May 20, 1992, to amend its protest complaint. Should the protester have failed to amend its complaint, we would have been compelled to dismiss the complaint as frivolous. The protester's representative was well-aware of the deficiencies of its complaint and that it would have to be amended or be dismissed as frivolous. During a telephone conference on May 20, 1992, the protester moved to dismiss its protest without prejudice. Later in the day, we held a second telephone conference with the parties during which the respondent and the intervenor objected to the protester's withdrawal of its protest without prejudice to its later reinstatement. Both the respondent and the intervenor requested that the protest be withdrawn with prejudice. On May 21, 1992, the protester voluntarily moved to dismiss its protest with prejudice, "each party to bear its own costs and attorney's fees." There are currently motions pending before this Board seeking the imposition of sanctions due to the actions of the protester in pursuing this protest. In its motion to dismiss, the protester is attempting to condition its motion to dismiss with prejudice, on each party bearing its own costs and attorney's fees. We do not accept the protester's condition. We dismiss the protest on the basis of the protester's request to withdraw its complaint without prejudice. We will rule on the motions to impose sanctions in due course. Decision Accordingly, the protest is DISMISSED WITHOUT PREJUDICE. The dismissal is to become a DISMISSAL WITH PREJUDICE unless the protest is reinstated by the protester within five working days from the date of this order. Rule 28(a). We had earlier declined to suspend the respondent's acquisition authority. ______________________________ JAMES W. HENDLEY Board Judge