DISMISSED WITH PREJUDICE: March 25, 1993 GSBCA 12341-P INTEGRATED SYSTEMS GROUP, INC., Protester, v. DEPARTMENT OF THE ARMY, Respondent. Shelton H. Skolnick and S. Sam Bedi of Skolnick & Leishman, Derwood, MD, counsel for Protester. Col. Riggs L. Wilks, Jr., Maj. Charles R. Marvin, Jr., and Maj. Karl M. Ellcessor, III, Office of the Chief Trial Attorney, Department of the Army, Arlington, VA, counsel for Respondent. WILLIAMS, Board Judge. ORDER On March 22, 1993, Integrated Systems Group, Inc. (ISG) protested the award of a contract under the Department of the Army's Commerce Business Daily (CBD) notice dated November 5, 1992, for general purpose automatic data processing equipment. During the prehearing conference convened in this protest counsel for the Army admitted that the Army failed to give ISG notice of award and failed to issue a solicitation after receiving responses to its CBD notice. Instead the Army made an award to an entity which did not have a General Services Administration schedule contract based upon that firm's response to the CBD notice. The Army recognized that under such circumstances a solicitation should have been issued and took corrective action to ensure that this problem will not recur. There being no further issue in controversy, the Board, with the concurrence of the parties, dismisses the protest with prejudice and, noting that the agency admitted violations of law and regulation, authorizes theprotester to file a Rule35 cost motion. The protest is DISMISSED WITH PREJUDICE. Rule 28. Protester may file a cost petition within thirty days of the date of this order in accordance with Rule 35. _____________________________ MARY ELLEN COSTER WILLIAMS Board Judge