DISMISSED WITH PREJUDICE: September 11, 1992 GSBCA 11991-P INTEGRATED SYSTEMS GROUP, INC., Protester, v. DEPARTMENT OF THE AIR FORCE, Respondent. Stephen L. Mills, Vice President of Marketing, Integrated Systems Group, Inc., Vienna, VA, appearing for Protester. Clarence D. Long, III, and Joseph M. Goldstein, Office of the General Counsel, Department of the Air Force, and Captain John F. Ruoff, Patrick Air Force Base, FL, counsel for Respondent. DANIELS, Board Judge. ORDER OF DISMISSAL On August 31, 1992, Integrated Systems Group, Inc. protested the award by the Department of the Air Force of a contract for the supply of workstation server systems. According to the complaint, both bids which were lower than protester's are actually non-responsive, so award should have been made to protester. At the initial prehearing conference, Air Force counsel stated that the agency would move to dismiss the case for lack of jurisdiction. He presented a classified affidavit which explains that the systems in question are being acquired for use by a military organization that performs intelligence functions, and that the equipment will be used in those functions. On the basis of this information, he maintained that the systems are exempt from the Brooks Act, 40 U.S.C. 759(a)(3)(C)(i) (1988), and that the Board consequently does not have jurisdiction to hear the protest, 40 U.S.C. 759(f)(1) (1988). A motion to this effect was filed on September 4. On September 11, protester moved to withdraw the protest. It explained that it was taking this action in response to the Government's jurisdictional argument. We have ascertained by telephone that protester desires that the case be dismissed with prejudice. Respondent has no objection to the request. The protest is now DISMISSED WITH PREJUDICE. Rule 28(a). _________________________ STEPHEN M. DANIELS Board Judge