1 ___________________________________________________ DISMISSED WITHOUT PREJUDICE: December 22, 1992 ___________________________________________________ GSBCA 12212-P SPREAD INFORMATION SCIENCES, INC., Protester, v. DEPARTMENT OF THE ARMY, Respondent. Jeff Wang, President of Spread Information Sciences, Inc., Bayside, NY, appearing for Protester. COL Riggs L. Wilks, Jr., MAJ Charles R. Marvin, Jr. and CAPT Sophia L. Rafatjah, Office of the Chief Trial Attorney, Department of the Army, Arlington, VA, counsel for Respondent. LaBELLA, Acting Chief Board Judge. ORDER On December 7, 1992, Spread Information Sciences, Inc. filed this protest against the Department of the Army's solicitation DABT60-91-R-0046. Protester alleges respondent improperly prohibited it from submitting a best and final offer (BAFO) in this procurement. Protester was previously removed from the competitive range, and the procurement was reopened for a second round of BAFO's. The Board decided in an earlier protest that the actions of the agency in so removing protester from the competitive range were not reviewable because a timely protest was not filed with the Board. Spread Information Science, Inc. v. Department of the Army, GSBCA 11997-P, 1992 BPD 244 (Sept. 11, 1992). As protester is not in the competitive range, on December 15, respondent filed a motion to dismiss for lack of an interested party. In lieu of filing a response to this motion, on December 18, protester asked the Board to dismiss its protest. Respondent 2 has no objection to this request. Accordingly this protest is DISMISSED WITHOUT PREJUDICE. The dismissal will convert to a dismissal with prejudice if the protest is not reinstated within forty-eight hours of receipt of this dismissal order. VINCENT A. LaBELLA Acting Chief Board Judge