______________________________________________
 
              DISMISSED WITH PREJUDICE:  October 14, 1992
             ______________________________________________
 
 
                             GSBCA 12063-P
 
                      BERKSHIRE COMPUTER PRODUCTS,
 
                                           Protester,
 
                                   v.
 
                        DEPARTMENT OF THE NAVY,
 
                                           Respondent.       
 
        Edward  J. Walsh,  Vice President,  and  Ernest J.  Parsons,
   Marketing Manager,  of Berkshire  Computer Products,  Natick, MA,
   appearing for Protester.
 
        Theodore  H.  Hoffmann,  Office  of  Counsel,  Naval  Supply
   Center, Norfolk, VA, and Jonathan H. Kosarin, Office  of Counsel,
   Naval  Supply   Systems  Center,  Washington,  DC,   counsel  for
   Respondent.
 
   HENDLEY, Board Judge.
 
                                 ORDER
 
        On October  1, 1992, the  Board docketed a protest  filed by
   Berkshire  Computer Products.  On June  16, 1992, respondent, the
   Department of the Navy, synopsized in the Commerce Business Daily
   (CBD)  a requirement  for various  disk  drives and  cables.   On
   September 17, an award was  made to Digital Equipment Corporation
   under  solicitation number N0060-2160-1000.  The protester was an
   unsuccessful  offeror and alleged  in its protest  complaint that
   the respondent  "has  violated  several  fundamental  procurement
   regulations."
 
        On October 7, we held a prehearing telephone  conference for
   the purpose of establishing a plan for futher proceedings in this
   protest.   On October  7, we held  a second  telephone conference
   with the  parties.  During  the conference, the  parties informed
   this Board  that they were  engaging in discussions leading  to a
   prompt settlement of  the protest.  The Board  then suspended all
   further proceedings  pending receipt  of the  parties' settlement
   agreement and request for dismissal.  
 
 
 
        On October 14, the Board  received a joint motion to dismiss
   with prejudice and a settlement agreement signed by both parties,
   which states, in part:
 
        The  Protestor  and  Respondent  wish  to  settle  this
        protest and have the protest dismissed  with prejudice.
        Therefore,  the Navy  agrees to  terminate the  current
        contract and  to issue a  competitive solicitation  for
        this requirement  on a brand  name or equal  basis with
        salient characteristics  listing only  the Government's
        minimum  needs in  a manner  to promote  full  and open
        competition.   The Respondent agrees to pay Protestor's
        reasonable attorney  fees  in filing  and pursuing  the
        protest,  and,   bid  and   proposal  costs,   provided
        Protestor files a proper motion pursuant to Rule 35 and
        the  GSBCA approves such  costs.  The  Protester agrees
        this  amount  shall  not  exceed  one-thousand  dollars
        ($1,000.00).
 
        Accordingly,  the  motion  is granted,  and  the  protest is
   DISMISSED WITH PREJUDICE.  Rule 28(a).
 
                                ____________________________________
                                JAMES W. HENDLEY
                                Board Judge