__________________________________________________ DISMISSED WITHOUT PREJUDICE: October 29, 1992 ___________________________________________________ GSBCA 12106-P BERKSHIRE COMPUTER PRODUCTS, Protester, v. DEPARTMENT OF THE ARMY, Respondent. Edward J. Walsh, Berkshire Computer Products, Natick, MA, appearing for protester. Jeffrey I. Kessler, U.S. Army Materiel Command, Alexandria, VA, counsel for Respondent. LaBELLA, Acting Chief Judge. Order Protester, Berkshire Computer Products, filed this protest on October 13, 1992, contending that the equipment offered by the awardee in this procurement conducted by the Department of the Army does not meet the requirements of the solicitation. The parties have now filed with the Board a settlement agreement and an accompanying joint stipulation of dismissal. The parties have not specified whether the dismissal is to be with or without prejudice. Each side will, however, bear its own costs, including attorney's fees. Accordingly, this protest is dismissed without prejudice. The dismissal converts to one with prejudice ten calendar days after the date of this order. The Board's suspension order lapses by its own terms. VINCENT A. LaBELLA Acting Chief Board Judge