_____________________________________________ DISMISSED WITHOUT PREJUDICE: September 1, 1992 _____________________________________________ GSBCA 11987-P VALIX FEDERAL PARTNERSHIP I, Protester, v. DEPARTMENT OF THE NAVY, Respondent. Stephen L. Mills, Vice President Marketing, appearing for Protester. Robert E. Lieblich, Office of Counsel, Naval Sea Systems Command, Department of the Navy, Washington, DC, counsel for Respondent. Board Judge BORWICK. On August 27, 1992, protester, Valix Federal Partnership I (Valix) filed a protest, alleging that, in an acquisition of Federal Information Processing Resources, the Department of the Navy's contracting officer wrongfully: failed to conduct proper discussions with Valix; excluded Valix from the competitive range; failed to timely notify Valix of its exclusion from the competitive range; and failed to timely notify Valix of contract award. On August 28, Valix filed a motion to dismiss without prejudice, with respondent concurring. Respondent has agreed to admit Valix to the competitive range and to conduct discussions with Valix. Each side is to bear its costs. Pursuant to Rule 28(a)(1), this protest is DISMISSED WITHOUT PREJUDICE. ________________________________ ANTHONY S. BORWICK Board Judge