MOTION FOR CLARIFICATION GRANTED: April 21, 1993 GSBCA 12176-C-R(12075-P) INTEGRATED SYSTEMS GROUP, INC., Protester, v. DEPARTMENT OF ENERGY, Respondent. Shelton H. Skolnick, Derwood, MD, counsel for Protester. Denise M. O'Brien, Office of the General Counsel, Department of Energy, Washington, DC, counsel for Respondent. Before Board Judges LaBELLA, WILLIAMS, and VERGILIO. WILLIAMS, Board Judge. On April 13, 1993, respondent, the Department of Energy, filed a motion for clarification of the Board's opinion of April 1, 1993, granting in part the protester's motion for an award of protest costs. The respondent seeks to clarify how that opinion characterized an order dismissing the underlying protest. In its motion, the agency represents that it complied with the order of October 23. It "requests that the Board clarify that the October 23, 1992, Order governs." In the order of dismissal, "[t]he hearing judge found partial merit to the protest, thus requiring the agency to amend the solicitation to state its requirements clearly (i.e., if the agency requires IBM PC DOS, it should explicitly say so) or to proceed otherwise in accordance with statute and regulation." Integrated Systems Group, Inc. v. Department of Energy, GSBCA 12075-P, slip op. at 6 (Oct. 23, 1992). In the opinion on costs, the Board stated "that the agency has taken corrective action in direct response to the protest, namely, the agency agreed to amend the solicitation to state its actual needs, and to proceed in accordance with statute and regulation." Integrated Systems Group, Inc. v. Department of Energy, GSBCA 12176-C(12075-P), slip op. at 6 (Apr. 1, 1993). Respondent's motion is GRANTED. The last full sentence of the second paragraph on page 2 of the Board's opinion of April 1, 1993, is amended to read as follows: The record reveals both that the agency improperly deemed protester's bid to be nonresponsive (as the agency implicitly admits through the determination of the presiding judge), and that the agency has taken corrective action in direct response to the protest, namely, the agency agreed to amend the solicitation to state its actual needs, or to proceed otherwise in accordance with statute and regulation. __________________________ MARY ELLEN COSTER WILLIAMS Board Judge We concur: ____________________________ ____________________________ VINCENT A. LaBELLA JOSEPH A. VERGILIO Board Judge Board Judge