_______________________________
 
                      ORDERED:  December 22, 1992
                    _______________________________
 
                             GSBCA 12196-P
 
          CMC, INC., d/b/a COMPUTER MAINTENANCE CENTERS, INC.
 
                                           Protester,
 
                                   v.
 
                        DEPARTMENT OF THE ARMY,
 
                                           Respondent.
 
        Lester C. Cannain, Albuquerque, NM, counsel for Protester.
 
        COL Riggs  L. Wilks,  Jr., MAJ Charles  R. Marvin,  Jr., and
   CAPT  Sophia  Rafatjah,  Office  of  the  Chief  Trial  Attorney,
   Department of the Army, Arlington, VA, counsel for Respondent.
 
   BORWICK, Board Judge.
 
                                 Order
 
       On December 1, 1992, CMC Incorporated filed a protest at this
   Board contesting the Department of the Army's award of a computer
   maintenance  contract to  Data Application  Corporation.   On  or
   about December  14, Respondent filed a motion  for summary relief
   seeking  dismissal of  the protest  for lack of  interested party
   status, based  on protester's  standing in  the price  ranking of
   offerors.  In  response, protester stated that it  was unaware of
   its price ranking  until receipt of respondent's motion, and that
   "respondent's motion  to dismiss  is well taken  and ought  to be
   granted."  Protester's  response.  We treat  protester's response
   as a motion to withdraw  the protest without prejudice under Rule
   28.  The motion is GRANTED.
 
       Pursuant  to  the  request of  the  parties  this  protest is
   DISMISSED WITHOUT PREJUDICE,  to be automatically converted  to a
   dismissal with  prejudice unless  reinstated within  ten calendar
   days of the date of this order.
 
 
 
                                ________________________________
                                ANTHONY S. BORWICK
                                Board Judge