!R! CALL BCA; EXIT; ________________________________________________________ GSBCA 11881-P DISMISSED WITHOUT PREJUDICE: July 10, 1992 _________________________________________________________ GSBCA 11879-P, 11881-P, 11892-P PACIFICORP CAPITAL, INC., Protester/Intervenor, and VION CORPORATION, Protester/Intervenor, and INTERNATIONAL BUSINESS MACHINES CORPORATION, Protester/Intervenor, v. DEFENSE LOGISTICS AGENCY, Respondent. David S. Cohen, Lisa R. Hovelson, and Donn R. Milton of Cohen & White, Washington, DC, counsel for Protester/Intervenor PacifiCorp Capital, Inc. David R. Hazelton, Martin F. Petraitis, and Thomas D. Waldman of Latham & Watkins, Washington, DC, counsel for Protester/ Intervenor ViON Corporation. James J. Regan, Robert M. Halperin, Kathryn D. Kirmayer, and Peter J. Lipperman of Crowell & Moring, Washington, DC, counsel for Protester/Intervenor International Business Machines Corporation. Walter Thomas and Leonard Schoen, Office of the General Counsel, Defense Logistics Agency, Alexandria, VA, counsel for Respondent. PARKER, Board Judge. ViON Corporation (ViON) filed its protest with the Board on June 11, 1992, concerning solicitation number DLAH00-92-R-0032 issued by the Defense Logistics Agency (DLA). The protest was amended on July 1. ViON alleges that certain solicitation provisions restrict full and open competition by imposing requirements not based on DLA's actual needs. The Board consolidated ViON's protest, GSBCA 11881-P, with the protests of PacifiCorp Capital, Inc., GSBCA 11879-P, and International Business Machines Corporation, GSBCA 11892-P. ViON remains an intervenor in those protests. On July 8, the Board received from respondent and ViON a joint motion to dismiss ViON's protest without prejudice that states: Respondent Defense Logistics Agency ("DLA") and Protester ViON Corporation ("ViON") have reached a Settlement Agreement (copy attached) in connection with ViON's protest (GSBCA No. 11881-P). Pursuant to the terms of the Settlement Agreement, DLA and ViON jointly move that: (1) The Board dismiss ViON's protest without prejudice, which shall become a dismissal with prejudice 60 days after the issuance of the amendment(s) to RFP No. DLAH00-92-R-0032 described in Paragraphs 1 and 2 of the Settlement Agreement. Such dismissal shall apply only to the issues specifically raised in ViON's protest and amended protest. (2) The Board publish the terms of the Settlement Agreement in its Order of Dismissal. The text of ViON's settlement agreement follows: Respondent Defense Logistics Agency (DLA) and protester ViON Corporation (ViON) enter this agreement on this 6th day of July 1992 in settlement of ViON's protest (GSBCA Case No. 11881-P). WHEREAS, ViON's amended protest alleges, inter alia, that DLA overstated its requirements in RFP No. DLAH00-92-R-0032 (the RFP) for central processing units (CPUs) that are 2.0 times and 4.0 times an Amdahl 5870; WHEREAS, DLA has determined that its 3 requirements would be satisfied by CPUs that are 1.85 times and 3.70 times an Amdahl 5870 (rather than 2.0 times and 4.0 times as currently stated in the RFP); WHEREAS, DLA and ViON wish to resolve their differences and settle this protest; NOW WHEREFORE, in exchange for the mutual promises and covenants set forth below, DLA and ViON agree as follows: 1. DLA shall amend the RFP to change the 2.0 times and 4.0 times the Amdahl 5870 requirement, to 1.85 times and 3.70 times the Amdahl 5870 respectfully [sic]; 2. DLA shall make all such other changes to the RFP as necessary to effectuate the changes set forth in Paragraph 1 above. For example, the qualifying run times for the Performance Validation Demonstration (PVD) will be amended to correspond to the changes set forth in Paragraph 1 above. 3. No other changes to the RFP will be made as a result of this Settlement Agreement except those stated in Paragraphs 1 and 2 above. 4. ViON shall agree to the dismissal without prejudice of GSBCA Case No. 11881-P. This dismissal shall become with prejudice 60 days after the issuance of the amendment(s) described in Paragraphs 1 and 2 above. Such dismissal shall apply only to the issues specifically raised in ViON's protest and amended protest. [5]. Each party shall bear its own attorneys fees and costs incurred in connection with GSBCA Case No. 11881-P. [6]. DLA and ViON shall request that the GSBCA publish the terms of this Settlement Agreement in its Order of Dismissal. Agreed to as of the date set forth above. 4 Decision GSBCA 11881-P is hereby DISMISSED WITHOUT PREJUDICE. Rule 28(a). The dismissal shall become one with prejudice in accordance with the terms of the Settlement Agreement. ______________________ ROBERT W. PARKER Board Judge