______________________________________________ DISMISSED WITH PREJUDICE: December 15, 1992 _____________________________________________ GSBCA 12117-P LAPTOPS FALLS CHURCH, INC., Protester, v. DEPARTMENT OF JUSTICE, Respondent, and COMPULINE INTERNATIONAL, INC., Intervenor. Ross W. Dembling and Daniel S. Koch of Kurz Koch Doland & Dembling, Washington, DC, counsel for Protester. George M. Beasley, III, Commercial Litigation Branch, Civil Division, Department of Justice, counsel for Respondent. G. K. Quoquoi, President of Compuline International, Inc., New York, NY, appearing for Intervenor. PARKER, Board Judge. ORDER Laptops Falls Church, Inc. filed this protest with the Board on October 14, 1992, protesting the terms of a solicitation issued by the Justice Department's Federal Bureau of Investigation for automatic data processing equipment. On December 14, the Board received the parties' stipulation of dismissal, and settlement agreement, which reads as follows: STIPULATION OF DISMISSAL Pursuant to Rule 28(a)(1), protester Laptops Falls Church, Inc. and respondent United States Department of Justice stipulate that this protest may and should be dismissed with prejudice, in accordance with the terms of the attached Settlement Agreement. SETTLEMENT AGREEMENT This settlement agreement is entered into between Laptops Falls Church, Inc. ("Laptops") and the United States Department of Justice ("respondent") which stipulate as follows: 1. Laptops filed a protest with the General Services Administration Board of Contract Appeals ("GSBCA" or "Board") against Federal Bureau of Investigation ("FBI") Solicitation No. RFP-6178 ("the Solicitation"), docketed by GSBCA as No. 12117-P. 5.[foot #] 1 R e s p o n d e n t acknowledges that the protest filed by Laptops alleged violation of statute, regulation and delegation of procurement authority. 4. Laptops and respondent wish to resolve the above-described litigation without further litigation. 3. In order to settle the issues raised in the protest, respondent has agreed to make changes to the solicitation that are detailed in Appendix A to this Settlement Agreement. 6. Although respondent does not concede that all of Laptops' allegations in the protest have merit, it concedes that Laptops is a "prevailing party" for the purpose of an award of costs pursuant to 40 U.S.C. 759 and Rules 35-36 of the Rules of the Board. 7. In consideration of their mutual promises, Laptops and respondent agree as follows: a. Upon signature of this Settlement Agreement, Laptops and respondent will file a stipulation that the Board may dismiss with prejudice GSBCA No. 12117-P. A copy of this Settlement Agreement will be attached to the stipulation of dismissal and may be published by ----------- FOOTNOTE BEGINS --------- [foot #] 1 We quote here the "out of order" numbering as it appears in the settlement agreement filed by the parties. ----------- FOOTNOTE ENDS ----------- the Board in its discretion. b. Within a reasonable time after the dissolution of the suspension of the delegation of procurement authority by the Board, the FBI will issue an amendment to the solicitation that incorporates the changes outlined in the Appendix. c. Laptops will file a motion with the Board for an award of costs, including attorney fees, pursuant to Rule 35. Laptops may represent in that motion that respondent agrees to respond to the motion within 10 days. Laptops may also represent in its motion that any award of costs should specify that payment of the award is to be made by check payable to "Laptops Falls Church, Inc. /Kurz, Koch, Doland & Dembling." e. This Settlement Agreement, in which Appendix A is fully incorporated, contains the entire agreement and understanding between the parties concerning the resolution of this matter, and no promise, inducement, or oral statement of any kind is to be considered part of this Settlement Agreement. This protest is DISMISSED WITH PREJUDICE in accordance with the settlement agreement. Rule 28(a). The suspension of respondent's delegation of procurement authority lapses by its terms. _____________________________ ROBERT W. PARKER Board Judge