__________________________________________________
        
             DISMISSED WITHOUT PREJUDICE:  February 9, 1993
           __________________________________________________
 
 
 
                             GSBCA 12287-P
 
 
                     DATAWARE SYSTEMS LEASE, INC.,
 
                                                     Protester,
 
                                   v.
 
                          DEPARTMENT OF LABOR,
 
                                                     Respondent.
 
 
        Cy Farkas, President of Dataware Systems Lease, Inc., Staten
   Island, NY, appearing for Protester.
 
        Vaughn Hill, Herman J. Narcho, and Michele W. Curran, Office
   of  the  Solicitor,  Division of  Employment  and  Training Legal
   Services,  Department  of  Labor,  Washington,  DC,  counsel  for
   Respondent.
 
   HYATT, Board Judge.
 
                                 ORDER
 
        On  February 4,  1993,  protester, Dataware  Systems  Lease,
   Inc.,  filed  a protest  of  an  award  of  a  contract  for  the
   acquisition of automatic  data processing equipment (ADPE)  to be
   used at the Gary Job Corps Center in San Marcos, Texas. 
 
        At the request  of counsel for the Department  of Labor, the
   Board  convened  a  telephone  conference  with  the  parties  on
   February 8, 1993.  Counsel for respondent indicated the following
   in this conference:  the Gary  Job Corps Center is maintained and
   operated  on behalf  of  the  Department of  Labor  by the  Texas
   Education Foundation, a prime contractor;  the subject invitation
   for  bids was issued by the Texas Education Foundation and not by
   the Department of Labor.   Based on these facts, respondent would
   be filing a motion to dismiss for lack of jurisdiction as soon as
   possible.  
 
        After  the parties  and  the  Board  briefly  discussed  the
   circumstances of this procurement and the  decision of the United
   States  Court of  Appeals  for  the Federal  Circuit  in US  West
   Communications  Services, Inc.  v. United  States,  940 F.2d  622
   (Fed. Cir. 1991), protester's president stated that he would like
   to  withdraw  the  protest  in  order to  pursue  relief  in  the
   appropriate  forum.  Respondent  had no objection  to protester's
   request.
 
        Accordingly, this protest is DISMISSED WITHOUT PREJUDICE.
 
                                      ____________________________
                                      CATHERINE B. HYATT
                                      Board Judge