_____________________________________________________ DISMISSED WITHOUT PREJUDICE: December 31, 1992 _____________________________________________________ GSBCA 12235-P MCA RESEARCH CORPORATION, Protester, v. DEPARTMENT OF JUSTICE, Respondent, and METRICA, INC., Intervenor. R. Woods Miles, President of MCA Research Corporation, Arlington, VA, appearing for Protester. Charles A. Walden and James E. Hicks, Office of Chief Counsel, Drug Enforcement Administration, Department of Justice, Washington, DC, counsel for Respondent. David R. Smith, of Reed Smith Shaw & McClay, McLean, VA, counsel for Intervenor. HENDLEY, Board Judge. ORDER On December 23, 1992, the Board docketed a protest filed by MCA Research Corporation (MCA). In its protest complaint, MCA alleged that the respondent, the Department of Justice, proposed to award a contract under solicitation number DEA-92-R-0038 for automatic data processing services to another offeror. The protester contended that the awardee was not a small business. On December 29, 1992, Metrica, Inc., the awardee, timely intervened in this protest. On December 29, 1992, the respondent filed a motion to dismiss on the basis that the protest was untimely and that this Board lacked jurisdiction over the issue here involved, to wit, whether the awardee qualified as a small business for the purposes of the procurement. On December 30, 1992, we held a prehearing conference with the parties. During the course of that conference, the protester suggested that its best course of action was to withdraw its protest. On December 31, 1992, the protester filed its motion to dismiss the protest without prejudice. Accordingly, the protest is DISMISSED WITHOUT PREJUDICE. Rule 28(a). The dismissal will be deemed to be with prejudice unless the protester moves to reinstate the protest within thirty days of the date of this order. _____________________________________ JAMES W. HENDLEY Board Judge