___________________________ DISMISSED WITHOUT PREJUDICE October 23, 1992 ___________________________ GSBCA 12091-P PYRAMID TECHNOLOGY CORPORATION, Protester, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent, and FEDERAL DATA CORPORATION, Intervenor. Richard J. Conway, John Linarelli, and J. Andrew Jackson of Dickstein, Shapiro & Morin, Vienna, VA, counsel for Protester. Philip Kauffman, Paul Grabelle, Dennis Foley, and Merilee Rosenberg, Department of Veterans Affairs, Office of General Counsel, Washington, DC, counsel for Respondent. Richard J. Webber and Michele A. Masiowski of Arent Fox Kintner Plotkin & Kahn, Washington, DC, counsel for Intervenor. VERGILIO, Board Judge. ORDER On October 8, 1992, Pyramid Technology Corporation filed a pre-award protest with the Board, which it amended on the following day. It alleged that the respondent, the Department of Veterans Affairs, was improperly procuring an automated data processing system. Protester recognizes that it is not a participant in the negotiated procurement; Federal Data Corporation, an intervenor of right, submitted a response to the solicitation. Protester asserts that the agency has so substantially changed its requirements (in terms of commercial availability and response time requirements) as to require a new competition. Protester also maintains that the agency is engaging in an unlawful sole source procurement. On October 21, the parties filed a joint motion to dismiss the protest without prejudice. Accordingly, the protest is DISMISSED WITHOUT PREJUDICE. The dismissal becomes one with prejudice on December 1, 1992, unless, prior to that date protester timely files a protest raising the issues here in dispute. Rule 28(a)(1) and (2). The motions of the agency and intervenor requesting that the Board dismiss the protest because protester is not an interested party, or because the protest is untimely or premature need not be presently resolved. The suspension of procurement authority entered on October 14, lapses by its very terms, 40 U.S.C. 759(f)(2) (1988). Order (Oct. 15, 1992). ________________________ JOSEPH A. VERGILIO Board Judge