___________________________________________________ DISMISSED WITHOUT PREJUDICE: January 28, 1993 ___________________________________________________ GSBCA 12204-P, 12206-P, 12208-P EG&G FLORIDA, INC., and BAMSI, INC., and WESTINGHOUSE KSC COMPANY, INC., Protesters/Intervenors, v. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, Respondent, and LOCKHEED SPACE OPERATIONS COMPANY, Intervenor. Rand L. Allen, Paul F. Khoury, Mitchell R. Kreindler, and John F. Guyot of Wiley, Rein & Fielding, Washington, DC, counsel for Protester/Intervenor EG&G Florida, Inc. Stephen M. Ryan, Sue Ellen Russell, William M. Hathaway, and Margit H. Nahra of Brand & Lowell, P.C., Washington, DC, counsel for Protester/Intervenor Bamsi, Inc. Richard O. Duvall, Timothy J. Bloomfield, Richard L. Moorhouse, William J. Dempster, Michael H. Ditton, and Giannina Lynn of Dunnells, Duvall & Porter, Washington, DC, counsel for Protester/Intervenor Westinghouse KSC Company, Inc. David P. Forbes, Sumara M. Thompson-King, and Robert M. Stephens, Office of the General Counsel, NASA Headquarters, Washington, DC, and Dudley R. Cannon, Jr., and Douglas G. Hendriksen, National Aeronautics and Space Administration, Kennedy Space Center, FL, counsel for Respondent. Stuart B. Nibley, Daniel Marino, Michael B. Hubbard, Mary Beth Sullivan, James M. Mesnard, and Allen Todd of Seyfarth, Shaw, Fairweather & Geraldson, Washington, DC, counsel for Intervenor Lockheed Space Operations Company. HENDLEY, Board Judge. ORDER On December 2, 1992, the Board docketed a protest filed by EG&G Florida, Inc., contending that the respondent, the National Aeronautics and Space Administration, had improperly selected Lockheed Space Operations Company, an intervenor in each protest, for award of a contract for automatic data processing services. That protest was followed by protests filed by Bamsi, Inc. on December 3 and Westinghouse KSC Company, Inc. on December 4. Each protester intervened in the other protests. The protests were consolidated for further proceedings before this Board. The respondent's delegation of procurement authority was suspended on December 10. In our order on proceedings of December 4, we set forth a schedule for resolving the protests. However, shortly before the originally scheduled hearing date, the parties sought a postpone- ment of the hearing and informed the Board that they were in the process of settling the cases. We rescheduled the hearing, and a settlement ensued. On January 26, 1993, the parties filed a "joint stipulation of dismissal without prejudice" in each protest. The requested dismissals are to "become a dismissal with prejudice 10 working days after debriefings following the announcement of a selection of an awardee based on the evaluation of best and final offers ("BAFOS") submitted in accordance with the revised BOC [Base Operations Contract] request for Proposals ("RFP")." Under the terms of the motion to dismiss, which we expressly decline to make a part of our order, we note that the respondent is obliged to engage in another round of BAFOs, that the protesters, for the purposes of the agreement, are deemed prevailing parties in these protests, and that the respondent agrees that the protesters' "attorneys' fees and partial bid and proposal costs in a sum not to exceed $1.2 million for each protester may be recoverable under these protests." As we informed the parties in a telephone conference on January 27, we neither approve nor disapprove such settlements. The parties acknowledged our position and stated that all claimed costs would be presented in a future motion. The settlement will stand or fall on its own terms as the agreement of the parties. Federal Data Corp. v. SMS Data Products Group Inc., 819 F.2d 277 (Fed. Cir. 1987). Decision The parties' stipulation to dismiss the protests is granted to the extent that the protests are hereby DISMISSED WITHOUT PREJUDICE to their reinstatement at this Board. Rule 28(a)(1). The settlement between the protesters and the respondent operates as their separate agreement and is not currently a matter of dispute. These dismissals become dismissals with prejudice upon the occurrence of the events specified in the stipulation. The suspension of the respondent's delegation of procurement authority lapses by its own terms. ______________________________ JAMES W. HENDLEY Board Judge