_________________________________________________ DISMISSED WITHOUT PREJUDICE: September 27, 1993 _________________________________________________ GSBCA 12551-P TELECOM DESIGN GROUP, INC., Protester, v. DEPARTMENT OF THE AIR FORCE, Respondent. F. Whitten Peters and John T. Parry of Williams & Connolly, Washington, DC, counsel for Protester; and Jonathan Price, Federal Contracts Manager of TeleCom Design Group, Inc., Arlington, VA, appearing for Protester. Joseph M. Goldstein, Office of the General Counsel, Department of the Air Force, Washington, DC; and Roy H. Leonard, Office of Legal Counsel, Air Force MWR and Services Agency, Department of the Air Force, San Antonio, TX, counsel for Respondent. PARKER, Board Judge. ORDER TeleCom Design Group, Inc. protested various aspects of respondent's solicitation for a Hospitality Reservation Management System. On September 23, 1993, protester filed a Notice of Withdrawal of Protest Complaint, which provided as follows: TeleCom Design Group, Inc. ("TeleCom") hereby withdraws its Protest Complaint and requests that the Board dismiss this protest without prejudice. This dismissal without prejudice reflects the understanding of the parties and Judge Parker, as reached during a conference call held on Thursday, September 23, 1993, at 11:00 a.m., that by withdrawing this protest and requesting its dismissal without prejudice, TeleCom preserves the issues raised by it in this protest. Should TeleCom decide to raise these issues in a post- award protest, they will be timely raised if (1) the post-award protest is filed within the time limits of Board Rule 5, and (2) the issues were timely when raised during this pre-award protest. At a conference held on the same date, respondent's counsel informed the Board and protester that he could not agree, and did not believe that he had agreed, to a dismissal without prejudice under the terms set forth in protester's notice of withdrawal. After further negotiation, respondent filed the following reply on September 24: The Air Force withdraws its oral objection to Telecom's notice of withdrawal of its protest without prejudice. In exchange for withdrawing this objection, Protester has agreed to the following: AFNAFPO has the right to determine whether it is in the government's interest to issue an amendment. If the amendment satisfies all of Telecom's concerns that were raised in its protest, then the protester will move the Board to convert the dismissal without prejudice to a dismissal with prejudice within two days after AFNAFPO issues the amendment. Absent protester filing such a motion, the issues Telecom raised in its pre-award protest will be preserved and timely raised in a post-award protest if (1) a post-award protest is filed within the time limits of Board Rule 5, and (2) the issues were timely when raised during the pre-award protest. In addition, the Air Force reserves the right to contest the Board's jurisdiction to hear any protest in this procurement. The protest is DISMISSED WITHOUT PREJUDICE in accordance with the agreement of the parties as reflected in respondent's reply. Rule 28(a). _______________________ ROBERT W. PARKER Board Judge