_______________________________________________ DISMISSED WITHOUT PREJUDICE: February 24, 1993 _______________________________________________ GSBCA 12285-P EVERGREEN INFORMATION TECHNOLOGIES, INC., Protester, v. DEPARTMENT OF THE NAVY, Respondent. Thomas E. Chilcott of Odin, Feldman & Pittleman, Fairfax, VA, counsel for Protester. Michael Cunningham and Diane-Marie Carrero, Navy Regional Contracting Center, Department of the Navy, Philadelphia, PA; and Jonathan Kosarin, Naval Supply Systems Command, Washington, DC, counsel for Respondent. DeGRAFF, Board Judge. ORDER On February 3, 1993, the Board docketed a protest filed by Evergreen Information Technologies, Inc. (Evergreen). Evergreen protested several of the requirements of solicitation number NOO140-92-0450 as being unduly restrictive of competition. Respondent, Department of the Navy (Navy), issued the solicitation on July 20, 1992, for an Electronic Document Repository and Distribution System. On February 23, 1993, we received a stipulation, signed by counsel for both parties, which states that the parties have agreed that the protest be dismissed, without prejudice to being refiled, upon these conditions: Navy will require proposals to be submitted on or after March 12, 1993, and Evergreen will be permitted to refile this protest no later than March 10, 1993. Accordingly, the protest is DISMISSED WITHOUT PREJUDICE to being refiled no later than March 10, 1993. Rule 28(a)(1). This shall become a dismissal with prejudice on March 11, 1993, unless prior to that date, Evergreen requests a reinstatement of its protest. Rule 28(a)(2). The suspension of Navy's delegation of procurement authority lapses by its own terms. _____________________________ MARTHA H. DeGRAFF Board Judge