___________________________________________ DISMISSED WITHOUT PREJUDICE: August 9, 1993 ___________________________________________ GSBCA 12496-P CMC, INC., d/b/a COMPUTER MAINTENANCE CENTER, INC., Protester, v. DEPARTMENT OF THE ARMY, Respondent. Lester C. Cannain, Albuquerque, NM, counsel for Protester. Colonel Riggs L. Wilks, Jr., Major Charles R. Marvin, Jr., Major Karl M. Ellcessor, III, and Captain Elizabeth DiVecchio Berrigan, Office of Chief Trial Attorney, Department of the Army, Arlington, VA, counsel for Respondent. VERGILIO, Board Judge. ORDER On July 16, 1993, CMC, Inc., d/b/a Computer Maintenance Center, Inc., filed with the Board this post-award protest involving a procurement by the Department of the Army. As an unsuccessful offeror, the protester asserts that: it was the lowest-priced offeror, the agency improperly evaluated its proposal (so as to down-grade its technical score), and the cost/technical trade off was neither properly justified nor properly conducted. The protester maintains that it should have been the awardee. On August 4, the protester filed a motion to dismiss the protest without prejudice. On August 5, the protester orally amended the motion to request further that the dismissal become one with prejudice on September 30, 1993, unless prior to that date it filed another protest with the Board raising the same issue(s). The agency found these amended terms acceptable. The Board so DISMISSES WITHOUT PREJUDICE the protest; the dismissal becomes one with prejudice on September 30, as noted. _________________________ JOSEPH A. VERGILIO Board Judge