DISMISSED WITHOUT PREJUDICE: January 12, 1993 GSBCA 12195-P COMPUTER DATA SYSTEMS, INC., Protester, v. GENERAL SERVICES ADMINISTRATION, Respondent, and APPLIED TECHNOLOGY ASSOCIATES, INC., Intervenor. Marcia G. Madsen, Brian W. Craver, and Don W. Blevins of Morgan, Lewis & Bockius, Washington, DC, counsel for Protester. Pamela Reiner, Seth Binstock, and Kurt Summers, Office of the General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Pamela J. Mazza, Andrew P. Hallowell, and Brian N. Garcia of Piliero, Mazza & Pargament, Washington, DC, counsel for Intervenor. WILLIAMS, Board Judge. ORDER On November 30, 1992, Computer Data Systems, Inc. (CDSI) protested the award of a contract under solicitation number 9KCS-91-0001 to Applied Technology Associates (ATA) for the automated data processing facilities management support services requirements of the Information Resources Management Service of the General Services Administration (GSA) Pacific Zone. On January 11, 1993, CDSI and GSA filed a joint motion to dismiss the protest without prejudice, stating in part: GSA and CDSI stipulate to the following. The evaluation conducted by GSA took into account technical subfactors that were not clearly identified as part of the evaluation criteria. GSA and CDSI further stipulate that the above fact constitutes a violation of the requirements of the Competition in Contracting Act of 1984, and in particular 41 U.S.C. 253(a) and 253a(b), and applicable regulations. GSA and CDSI also stipulate that GSA has terminated the contract of ATA under this solicitation and GSA will revise the solicitation to accurately reflect its minimum requirements. All offerors in the originally determined competitive range will be given the opportunity to submit revised proposals. Finally, GSA and CDSI stipulate that CDSI has succeeded as to a significant issue and should be deemed the prevailing party and awarded the reasonable costs of filing and pursuing this protest. In their joint motion to dismiss, the parties requested that the Board, in the dismissal order, authorize the reopening of the evidentiary record in the cost case if necessary. The Board grants the parties' joint request that they be permitted to develop a full evidentiary record in conjunction with the cost case if necessary. This protest is DISMISSED WITHOUT PREJUDICE. Rule 28(a). This dismissal shall convert to one with prejudice ten days from the date of this order unless either party requests reinstatement prior to that date. Protester may file a cost petition within thirty days of the date of this order in accordance with Rule 35. The suspension of respondent's delegation of procurement authority lapses by its terms. ____________________________ MARY ELLEN COSTER WILLIAMS Board Judge