ABCD AB876 _______________________________________ DISMISSED WITH PREJUDICE: July 14, 1992 _______________________________________ GSBCA 11902-P AMDAHL CORPORATION, Protester, v. DEPARTMENT OF JUSTICE, Respondent. Richard J. Webber and Michele A. Masiowski of Arent Fox Kintner Plotkin & Kahn, Washington, DC, counsel for Protester. James J. Roby and Rafael A. Madan, Department of Justice, Washington, DC, counsel for Respondent. VERGILIO, Board Judge. ORDER On June 26, 1992, AMDAHL Corporation filed with the Board this post-award protest involving the respondent, the Department of Justice. Protester contends that the awardee's second best and final offer (BAFO) failed to conform to the terms of the solicitation, such that the agency improperly made the award to an unacceptable offeror. Further, protester maintains that the communications between the agency and awardee after the receipt of second BAFOs constituted discussions, or something more than clarifications, such that the agency erred in not reopening discussions and seeking a new round of BAFOs. By amended motion filed on July 13, protester requests that the protest be dismissed with prejudice. The agency does not object. Accordingly, the Board DISMISSES WITH PREJUDICE this protest. Rule 28(a). The previously entered suspension of the agency's procurement authority lapses by its terms. Order (July 2, 1992). ________________________ JOSEPH A. VERGILIO Board Judge