_________________________________________ DISMISSED WITH PREJUDICE: January 7, 1993 _________________________________________ GSBCA 12217-P ViON CORPORATION, Protester, v. DEFENSE INFORMATION SYSTEMS AGENCY, Respondent, and FEDERAL SYSTEMS GROUP, Intervenor. Irwin Goldbloom, Thomas D. Sydnor, II, and Edward J. Shapiro of Latham & Watkins, Washington, DC, counsel for Protester. H. Jack Shearer and Virginia G. Farrier, Office of General Counsel, Defense Information Systems Agency, Scott AFB, IL, counsel for Respondent. David S. Cohen and Donn R. Milton of Cohen & White, Washington, DC, counsel for Intervenor. BORWICK, Board Judge. ORDER On December 9, 1992, ViON Corporation (ViON) filed a protest against the Defense Information Systems Agency/Defense Commercial Communications Office (DISA), respondent. ViON alleged that DISA's award to Federal Systems Group (FSG) violated the request for proposals' requirement for a state-of-the-art processor. On December 30, 1992, protester and respondent filed a settlement stipulation and a joint motion to dismiss the protest. Respondent acknowledges that the model processor proposed by FSG could reasonably be construed as not state-of-the art as defined in the request for proposals. Respondent agrees not to consider that particular model processor or any other model of that processor line, as currently configured, to satisfy a state-of- the art requirement in any future procurement using the same state-of-the art definition. Respondent agrees, upon submission of an invoice, to pay ViON a sum not to exceed $45,000 for attorney fees and protest costs. Respondent may retain the mainframe computer acquired under the contract. Intervenor FSG has not objected to this settlement. Pursuant to Rule 28(a)(1) and the request of the parties, this protest is DISMISSED WITH PREJUDICE. The limited suspension of respondent's delegation of procurement authority lapses by its terms. ______________________________ ANTHONY S. BORWICK Board Judge