DISMISSED WITHOUT PREJUDICE: November 10, 1992 GSBCA 12143-P CTA INCORPORATED, Protester, v. DEPARTMENT OF THE NAVY, Respondent, and SCIENCE APPLICATIONS INTERNATIONAL CORPORATION, Intervenor. William J. Kolasky, Jr., Peter A. von Mehren, and Rene L. Todd of Wilmer, Cutler & Pickering, Washington, DC, counsel for Protester. Barbara Amster and Mary Brown, Office of Counsel, Naval Command Control and Ocean Surveillance Center, San Diego, CA, and Douglas P. Larsen, Office of Counsel, Naval Supply Systems Command, Washington, DC, counsel for Respondent. Joel R. Feidelman, James J. McCullough, and Deneen J. Melander of Fried, Frank, Harris, Shriver & Jacobson, Washington, DC, counsel for Intervenor. DANIELS, Board Judge. ORDER CTA Incorporated protested on October 23, 1992, that the Naval Command Control and Ocean Surveillance Center, a component of the Department of the Navy, had improperly found the firm ineligible for award of a contract for the supply of various software engineering services. CTA contended that the agency had failed to follow procedures specified in the solicitation, failed to apply criteria prescribed in that document, and reached erroneous conclusions about the matters it had considered. As explained in the protest, after finding CTA ineligible for award, the agency awarded a contract to Science Applications International Corporation (SAIC). SAIC intervened in the protest. On November 9, the parties filed a Joint Stipulation and Motion for Dismissal. In this document, the parties recite that SAIC and CTA have signed a letter of intent stating that SAIC intends to enter into a subcontract with CTA for the performance of work under the subject contract; the Navy has no objection to this arrangement; and in consideration, CTA agrees to withdraw its protest with prejudice as soon as a binding letter subcontract has been entered into. In accordance with the terms agreed upon by the parties, the Board now DISMISSES this protest WITHOUT PREJUDICE. This dismissal shall be converted into a dismissal with prejudice upon the earlier of (a) 4:30 p.m. Eastern Standard Time on Monday, November 16, 1992, or (b) the time of execution of a binding letter subcontract between SAIC and CTA. Rule 28(a). _________________________ STEPHEN M. DANIELS Board Judge