___________________________________________ DISMISSED WITHOUT PREJUDICE: July 14, 1993 ___________________________________________ GSBCA 12457-P NCR CORPORATION, Protester, v. DEPARTMENT OF THE AIR FORCE, Respondent, and SYSCON CORPORATION, Intervenor. Irwin Goldbloom, Thomas L. Patten, Jennifer C. Archie, Martin F. Petraitis, and Edward J. Shapiro of Latham & Watkins, Washington, DC; and Jonathan S. Hoak, Steven W. DeGeorge, and John Ackermann, Jr. of American Telephone & Telegraph Company, Silver Spring, MD, counsel for Protester. Clarence D. Long, III and Joseph M. Goldstein, Office of the General Counsel, Department of the Air Force, Washington, DC, and Greg M. Weinman and Corlyss M. Drinkard, Office of Chief Counsel, Internal Revenue Service, Washington, DC, counsel for Respondent. Michael W. Clancy, Joseph K. Wiener, Vince S. Antonacci, and Mary Ita Snyder of Pettit & Martin, Washington, DC, counsel for Intervenor. DeGRAFF, Board Judge. ORDER On June 14, 1993, NCR Corporation filed this protest challenging the award of a contract by the Department of the Air Force, pursuant to Request for Proposals F19630-90-R-008. On July 13, 1993, protester filed a motion requesting that the Board dismiss this protest without prejudice to refiling, in accordance with the terms of the parties' settlement agreement, which provides: 1. Air Force will terminate the Lot III contract awarded to Syscon, Inc., under solicitation no. F19630- 90-R-0008. 2. Air Force will award the contract to NCR, Incorporated. 3. NCR, Incorporated will withdraw its protest presently before the GSBCA, to be converted to a withdrawal with prejudice when the above two items have been accomplished. Accordingly, this protest is DISMISSED WITHOUT PREJUDICE. Rule 28(a). This dismissal shall convert to one with prejudice as soon as respondent terminates its contract with intervenor and makes an award to protester. The suspension of respondent's delegation of procurement authority lapses by its terms. ___________________________________ MARTHA H. DeGRAFF Board Judge