_________________________________________________________ DISMISSED WITHOUT PREJUDICE: June 30, 1993 _________________________________________________________ GSBCA 12455-P, 12461-P COMPUTER DATA SYSTEMS, INC., and CBIS FEDERAL INC., Protesters, and ARC PROFESSIONAL SERVICES GROUP, INC., and CTA INCORPORATED, Intervenors, v. GENERAL SERVICES ADMINISTRATION, Respondent, and OAO CORPORATION, Intervenor. Marcia G. Madsen, Thomas F. Williamson, Robert M. Moore, Brian W. Craver, and David F. Dowd of Morgan, Lewis & Bockius, Washington, DC; and Mary Ann Mayhew and Charles B. Machion of Computer Data Systems, Inc., Rockville, MD, counsel for Protester Computer Data Systems, Inc. Joseph J. Petrillo, Michael A. Hordell, Eric L. Lipman, and Jessica C. Abrahams of Petrillo & Hordell, Washington, DC; and Susan Warshaw Ebner of CBIS Federal Inc., Fairfax, VA, counsel for Protester CBIS Federal Inc. Carlyle C. Ring, Jr., and Daryl D. Savage of Atlantic Research Corporation, Vienna, VA, counsel for Intervenor ARC Professional Services Group, Inc. I. Michael Greenberger, Jonathan D. Boggs, J. Bradford Wiegmann, Franklin D. Kramer, and John D. Aldock of Shea & Gardner, Washington, DC, counsel for Intervenor CTA Inc. Seth Binstock, Pamela J. Reiner, and Tenley A. Carp, Personal Property Division, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Terrence O'Donnell, Stephen D. Raber, Ari S. Zymelman, Kevin M. Hodges, and F. Whitten Peters of Williams & Connolly, Washington, DC, counsel for Intervenor OAO Corporation. PARKER, Board Judge. ORDER On June 11, 1993, the Board docketed as GSBCA 12455-P a protest filed by Computer Data Systems, Inc. On June 15, the Board docketed as GSBCA 12461-P a protest filed by CBIS Federal Inc. Both protests alleged that the award of a contract to OAO Corporation by the General Services Administration violated statute and regulation. The protests were consolidated by the Board for further proceedings. On June 28, 1993, the Board received a joint stipulation of dismissal, signed by all parties except OAO Corporation, that provided: Respondent, General Services Administration ("GSA") and Protesters Computer Data Systems, Inc. ("CDSI") and CBIS Federal Inc. ("CBIS") and Intervenors ARC Professional Services Group and CTA Inc. (the "Parties") move for an order dismissing the above captioned protests. GSA has terminated Contract GS-04-93-BF-D0808 (the "Contract"), awarded to OAO Corporation. GSA's decision to terminate the OAO award eliminates the basis for these protests at this time. GSA, the Protesters and Intervenors agree that these protests should be dismissed without prejudice. 1. The Parties jointly stipulate that GSA evaluated the offers in a manner inconsistent with the evaluation criteria during the competition for the Contract and that this constitutes a violation of the Competition in Contracting Act. In addition, GSA stipulates that it (i) failed to conduct meaningful discussions with the offerors during the competition for the Contract; and (ii) provided information which reasonably led offerors to believe that if changes were made in their rates for skill categories included in the requirement, that such changes would improve the offeror's chances for award, while in actuality, the offeror's chances for award were negatively affected as a result of making such changes. GSA stipulates that the above constitute violations of the Competition in Contracting Act of 1984. 2. The Parties stipulate that the Protesters and Intervenors have succeeded as to a significant issue and should be deemed the prevailing parties and awarded the reasonable costs of filing and pursuing the protests. 3. The Parties further agree that the right of the Protesters and Intervenors to raise any of the issues presented in their respective pleadings or that could have been raised as of June 28, 1993 will not be considered untimely in any future protest. 4. In no event will any basis of protest which a Protester or an Intervenor could have pursued and the consequent remedy it could have obtained had it not agreed to this Joint Motion, be prejudiced by entering into this Joint Motion. 5. GSA will maintain all documentation concerning the Solicitation, its award to OAO, and the Protests for a period of thirty (30) days after the award of this or any follow-on solicitation for the same or similar requirements for the GSA Central Zone. Further, the Protesters and Intervenors request that the Board require that the same document retention requirement be applied to all Parties and to OAO. This Joint Stipulation of Dismissal may be signed in several counterparts and all such counterparts taken together shall be deemed one and same document and shall be considered effective as of the date first set forth above. DECISION These protests are DISMISSED WITHOUT PREJUDICE. Rule 28(a). The dismissals shall convert to dismissals with prejudice on September 30, 1993, unless the protests are refiled prior to that date. The suspension of respondent's procurement authority lapses by its terms. ______________________________ ROBERT W. PARKER Board Judge