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             DISMISSED WITHOUT PREJUDICE: November 24, 1992
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                             GSBCA 12155-P
 
                   OPTIMUM SERVICES & SYSTEMS, INC.,
 
                                        Protester, 
 
                                   v.
 
                        DEPARTMENT OF THE ARMY,
 
                                        Respondent.
 
        Kevin Joseph, Marketing Representative of Optimum Services &
   Systems, Lanham, MD, appearing for Protester.
 
        Sophia L. Rafatjah,  CAPT and Karl  M. Ellcessor, III,  MAJ,
   Office  of the  Chief  Trial Attorney,  Department  of the  Army,
   Arlington, VA, counsel for Respondent.
 
   VERGILIO, Board Judge.
 
                                 ORDER
 
        On  October 30, 1992, Optimum Services & Systems, Inc. filed
   this protest  concerning the  respondent, the  Department of  the
   Army.   The  agency was  attempting to  satisfy requirements  for
   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  notified  protester of  its  intent  to satisfy  its
   requirements under  that schedule contract.   Protester  contends
   that  the agency  improperly placed  the  order, and  should have
   issued a  solicitation and  properly reviewed  the technical  and
   pricing data protester submitted in response to the notice.
 
        On  November  23,  the parties  jointly  requested  that the
   protest be  dismissed without  prejudice, with  the dismissal  to
   become one with prejudice  on March 1, 1993, unless prior to that
   date protester  files a protest  with the Board objecting  to the
   actions of the contracting officer.  Accordingly, the  protest is
   DISMISSED WITHOUT PREJUDICE.  Rule 28(a).
 
 
                                        ________________________
                                        JOSEPH A. VERGILIO
                                        Board Judge