_______________________________________________________ DISMISSED WITHOUT PREJUDICE: October 26, 1992 _______________________________________________________ GSBCA 12114-P INTEGRATED SYSTEMS GROUP, INC., Protester, v. DEPARTMENT OF THE ARMY, Respondent. Shelton H. Skolnick, Derwood, MD, counsel for Protester. Craig R. Schmauder, William A. Richards, and Nikki Koulizakis, Office of the Chief Counsel, U.S. Army Corps of Engineers, Department of the Army, Washington, DC, counsel for Respondent. HENDLEY, Board Judge. ORDER On October 13, 1992, the Board docketed a protest filed by Integrated Systems Group, Inc. (ISG). On August 17, 1992, the respondent, the Department of the Army, U.S. Army Corps of Engineers, synopsized in the Commerce Business Daily (CBD) a requirement for automatic data processing equipment for the Waterways Experiment Station in Vicksburg, Mississippi. The pro- tester alleged that the CBD procurement was conducted under a blanket General Services Administration (GSA) Delegation of Procurement Authority. An award was made to Government Technology Services, Inc. (GTSI) under delivery order DACA239-92- F-1014. The protester alleged that the contracting officer (1) failed to follow the FIRMR by awarding against a GSA schedule contract which was not the lowest cost alternative; and (2) failed to meet the notice requirements of FIRMR 201-39.803 in violation of applicable statute and regulation. On October 16, we held a prehearing telephone conference for the purpose of establishing a plan for further proceedings. The respondent stated that it did not contest suspension of its delegation of procurement authority. We then cancelled the suspension hearing and suspended the procurement under delivery order DACA39-92-F-1014. On October 20, we held a second prehearing telephone conference. The parties stated that they were settling the protest and would be requesting dismissal. On October 26, the Board received a joint stipulation and agreement regarding dismissal of the protest, signed by both parties, which states: 1. The Corps and Protestor agree that the protest shall be dismissed without prejudice. By agreement between the parties, the Corps will consider the protest at the agency level, in accordance with applicable regulations governing agency level protests. 2. The Corps and the 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 suspend any further performance under the delivery order issued pursuant to the contract award which forms the basis of the instant protest pending final resolution of the protest issues, including resolution by the General Services Board of Contract Appeals should the protest be properly reinstated. Accordingly, the protest is DISMISSED WITHOUT PREJUDICE. Rule 28(a). The protest will be deemed to be dismissed with prejudice on December 30, 1992, unless reinstated with the Board by either party on or before that date. The suspension of respondent's delegation of procurement authority lapses by its own terms. __________________________________ JAMES W. HENDLEY Board Judge