DISMISSED WITH PREJUDICE: October 20, 1993 GSBCA 12593-P MCSI TECHNOLOGIES, INC., Protester, v. DEPARTMENT OF THE NAVY, Respondent, and HERCULES DEFENSE ELECTRONICS SYSTEMS, INC., Intervenor. Robert A. Mangrum, Grace Bateman, and Daniel Marino of Seyfarth, Shaw, Fairweather & Geraldson, Washington, DC, counsel for Protester. Michael J. Cunningham, Jr., and Diane-Marie Carrero, Naval Regional Contracting Center, Philadelphia, PA; and Jonathan H. Kosarin, Naval Supply Systems Command, Washington, DC, counsel for Respondent. Alan C. Brown and Ross W. Branstetter of Miller & Chevalier, Washington, DC, counsel for Intervenor. GOODMAN, Board Judge. ORDER This protest was filed on September 27, 1993, by MCSI Technologies, Inc. (MCSI). MCSI protested the award of a contract by the Department of the Navy (the Navy) to Hercules Defense Electronics Systems, Inc. (Hercules). Hercules intervened in the protest as an intervenor of right. MCSI contends that 1) the Navy violated the terms of its Delegation of Procurement Authority by awarding to a contractor that did not meet the mandatory technical requirements of the solicitation; 2) the Navy did not perform a proper evaluation of the offers; 3) Hercules has an organizational conflict of interest with respect to the subject procurement; and 4) the Navy did not perform a proper responsibility determination on Hercules. On two separate occasions, at the parties' request, the Board rescheduled prehearing proceedings in order to accommodate the parties' settlement discussions. On October 20, protester filed a notice of withdrawal with prejudice. Respondent and intervenor also filed on October 20 their concurrence in protester's withdrawal. Accordingly, this protest is DISMISSED WITH PREJUDICE. Rule 28(a). The Board's order suspending respondent's delegation of procurement authority lapses by its own terms. _________________________ ALLAN H. GOODMAN Board Judge