DISMISSED WITHOUT PREJUDICE: July 9, 1993 GSBCA 12443-P PYRAMID TECHNOLOGY CORPORATION, Protester, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent, and SEVERN COMPANIES, INC., Intervenor. Marie N. Doland, James J. Tierney, and James S. Kurz of Hazel & Thomas, Falls Church, VA, counsel for Protester. Dalton Phillips, Office of the General Counsel, Department of Health and Human Services, Washington, DC; and Richard S. Brown, Office of the General Counsel, Department of Health and Human Services, Rockville, MD, counsel for Respondent. Richard J. Conway, William M. Rosen, and Leticia E. Flores of Dickstein, Shapiro & Morin, Vienna, VA, counsel for Intervenor. WILLIAMS, Board Judge. ORDER On June 1, 1993, Pyramid Technology Corporation filed the instant protest challenging the Department of Health and Human Services' (HHS') award of a contract under solicitation number 213-92-0007 to Severn Companies, Inc., for computer systems, software, and services for the Indian Health Service. On July 8, 1993, protester and respondent filed a joint stipulation for voluntary dismissal without prejudice stating, in pertinent part: Pyramid and HHS further stipulate and agree that the dismissal shall convert to one with prejudice on July 28, 1993, unless any party requests reinstatement prior to that date. In the event the protest is reinstated, Pyramid and HHS stipulate and agree that HHS shall suspend performance under the contract pending a decision on the merits and that HHS retains the right to raise any issues of timeliness that it could have raised before the date of this Agreement. Accordingly, this protest is DISMISSED WITHOUT PREJUDICE. Rule 28(a). This dismissal shall convert to one with prejudice on July 28, 1993, unless either party requests reinstatement prior to that date. The suspension of respondent's delegation of procurement authority lapses by its terms. _____________________________ MARY ELLEN COSTER WILLIAMS Board Judge