DISMISSED WITHOUT PREJUDICE: September 2, 1993 GSBCA 12563-P INTECOM INC., Protester, v. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, Respondent. Bob Orgeron, Regional Director, Intecom Inc., appearing for Protester. John Biedenharn, Jr., and Donald H. Schiller, Office of Chief Counsel, Kennedy Space Center, Florida; and Sumura M. Thompson-King, Office of the General Counsel, National Aeronautics and Space Administration, counsel for Respondent. NEILL, Board Judge. ORDER On August 31, 1993, this protest was filed by Intecom Inc. (Intecom). It concerns provisions in a solicitation for a Digital Voice Telecommunications System for the Space Station Processing Facility at John F. Kennedy Space Center in Kennedy Space Center, Florida. The protest was filed six days prior to the date established for submission of initial proposals. Protester contends that the solicitation is unduly restrictive. The solicitation was issued by the National Aeronautics and Space Administration (NASA). On September 2, after issuing an order for further proceedings, the Board convened the parties for a prehearing conference. At the start of the conference, counsel for NASA advised the Board that protester's request for suspension would not be opposed. The Board thereupon granted the request effective immediately. As the prehearing conference progressed, the Board learned that the protester had simultaneously filed a protest concerning the same issues with the agency. After a brief discussion, the parties agreed to the dismissal of the Board protest without prejudice. Accordingly, pursuant to Rule 28(a) this protest is dismissed without prejudice. If protester elects to file again with the Board following adverse action on its agency protest, it must do so within ten working days of that action. Rule 5(b)(3)(iii). In the event respondent does not take timely action on the agency protest, protester may move for the reinstatement of this protest at the Board, provided it does so prior to November 1. Following that date, this protest, in the absence of any request to modify this order, will be deemed to be dismissed with prejudice. The Board's earlier order suspending respondent's delegation of procurement authority is hereby revoked. We note that respondent has agreed to extend the closing date for this solicitation to a date which will be more than ten working days after the issuance of a decision on Intecom's agency protest. __________________ EDWIN B. NEILL Board Judge