__________________________________________
        
              DISMISSED WITH PREJUDICE: November 19, 1992
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                             GSBCA 12137-P
 
                   OPTIMUM SERVICES & SYSTEMS, INC.,
 
                                        Protester, 
 
                                   v.
 
                     DEPARTMENT OF TRANSPORTATION,
 
                                        Respondent.
 
        Anne  M.  Moon,  Marketing Director  of  Optimum  Services &
   Sysstems, Lanham, MD, appearing for Protester.
 
        Bernard  J. Roan, United  States Coast Guard,  Department of
   Transportation, Washington, DC, counsel for Respondent.
 
   VERGILIO, Board Judge.
 
                                 ORDER
 
        On October 21, 1992, Optimum Services & Systems,  Inc. filed
   this  protest  concerning  the   respondent,  the  Department  of
   Transportation,  United States  Coast  Guard.    The  agency  was
   attempting  to satisfy  requirements  for  hardware and  software
   maintenance.    In  particular,  protester  had  responded  to  a
   Commerce  Business Daily notice reflecting the agency's intent to
   place  an  order  under a  General  Services  Administration non-
   mandatory schedule  contract with Digital  Equipment Corporation.
   The  agency  deemed  the submission  non-responsive.    Protester
   contends   that  the   agency   improperly  was   "bundling"  its
   requirement for hardware and software maintenance and should have
   considered   protester's   ability   to   perform  the   hardware
   maintenance.
 
        On  November  18,  the parties  jointly  requested  that the
   protest be dismissed with prejudice.  Accordingly, the protest is
   DISMISSED WITH PREJUDICE.  Rule 28(a).
 
 
                                        ________________________
                                        JOSEPH A. VERGILIO
                                        Board Judge