_______________________________
 
             DISMISSED WITHOUT PREJUDICE:  January 4, 1999
                    _______________________________
 
                             GSBCA 12158-P
 
                   OPTIMUM SERVICES & SYSTEMS, INC.,
 
                                           Protester,
 
                                   v.
 
                        DEPARTMENT OF THE ARMY,
 
                                           Respondent.
 
        Anne  M.  Moon,  Marketing Director  of  Optimum  Services &
   Systems, Inc., appearing for Protester.
 
        Richard Couch, U.S. Army Materiel Command, Department of the
   Army, Alexandria, VA, counsel for Respondent.
 
   BORWICK, Board Judge.
 
                                 ORDER
 
        On November 2, 1992, Optimum Services & Systems Incorporated
   (OSS) protested  the Department of  the Army's (Army) award  of a
   contract  for  maintenance  services  to  the  Digital  Equipment
   Corporation (DEC).  OSS alleged  that it should have received the
   benefit of  a ten percent  evaluation preference even  though the
   clause was not in the solicitation.  
 
        On November 5, we held a prehearing conference and developed
   a schedule of proceedings.  On November 24, in the middle  of the
   discovery   period,  OSS  filed  a  withdrawal  of  its  protest.
   Respondent has no objection to the withdrawal. 
 
        Pursuant to Rule 28(a)(1), and the agreement of the parties,
   this  protest is DISMISSED WITHOUT PREJUDICE, to be automatically
   converted  to a dismissal with prejudice unless reinstated within
   ten calendar days from the date of this order.
 
 
 
                                   ________________________________
                                   ANTHONY S. BORWICK
                                   Board Judge