DISMISSED WITHOUT PREJUDICE: October 2, 1992
                                                           
 
 
                             GSBCA 12055-P
 
 
                     VALIX FEDERAL PARTNERSHIP, I,
 
                                                Protester,
 
                                   v.
 
                        DEPARTMENT OF THE ARMY,
 
                                                Respondent.
 
        Shelton H. Skolnick, Derwood, MD, counsel for Protester.
 
        Craig R.  Schmauder and William  A. Richards, Office  of the
   Chief Counsel, U.S.  Army Corps of  Engineers, Department of  the
   Army, Washington, DC, counsel for Respondent.
 
   WILLIAMS, Board Judge.
 
                                 ORDER
 
        On September 28, 1992,  Valix Federal Partnership I filed  a
   protest   with   the   Board   concerning   solicitation   number
   DACW49-92-B-0025 issued by the Department of  the Army, U.S. Army
   Corps  of Engineers, for acquisition of general purpose automatic
   data processing equipment.  On October 1, 1992, the parties filed
   a joint stipulation and agreement, stating in pertinent part:
 
        1.   The  Corps and  Protestor agree  that  the protest
        shall  be dismissed without prejudice.  The Corps shall
        consider  the   agency  level  protest  filed   by  the
        Protestor which involves the same subject matter as the
        instant  protest  in  accordance  with  the  applicable
        regulations governing agency level protests, and  shall
        consider  all  allegations  contained  in  the  instant
        protest in its decision on the agency level protest.
 
        2.   The Corps  and Protestor agree that  the Protestor
        may  reinstate  the  instant  protest  within  ten (10)
        working  days  of  an adverse  agency  decision  on the
 
        agency  level protest.  The Corps  agrees  it will  not
        award  a  contract  under  the  protested  solicitation
        pending  final   resolution  of  the   protest  issues,
        including   resolution   by    the   General   Services
        Administration  Board  of Contract  Appeals  should the
        protest be properly reinstated.
 
        Accordingly, this  protest is  DISMISSED WITHOUT  PREJUDICE.
   Rule 28.   This dismissal  shall convert  to  one with  prejudice
   within  ten working  days  of  protester's  notification  of  the
   decision on the agency protest unless  reinstated by either party
   prior to that date.
 
                                 _____________________________
                                 MARY ELLEN COSTER WILLIAMS
                                 Board Judge