__________________________________________
 
               DISMISSED WITH PREJUDICE: October 13, 1993
               __________________________________________
 
                             GSBCA 12602-P
 
                      ARCHWAY TECHNOLOGIES, INC.,
 
                                        Protester,
 
                                   v.
 
                        DEPARTMENT OF COMMERCE,
 
                                        Respondent.
 
        Randy  Williams,  President of  Archway  Technologies, Inc.,
   Gaithersburg, MD, appearing for Protester.
 
        Jerry A.  Walz and  Lisa Obayashi,  Office of the  Assistant
   General  Counsel  for  Finance   and  Litigation,  Department  of
   Commerce, Washington, DC, counsel for Respondent.
 
   VERGILIO, Board Judge.
 
                                 ORDER
 
        On September 30, 1993, Archway Technologies, Inc. filed this
   post-award protest.  The protester maintains that the respondent,
   the  Department of Commerce,  United States Patent  and Trademark
   Office, improperly  awarded  a  contract  to  International  Data
   Systems for Pioneer  products, assorted  hardware, and  software.
   The   protester  asserts that  the awardee  is not  an authorized
   reseller  or  distributor  of  Pioneer  products,  and  that  the
   awardee's prices are unrealistically low.
 
        Following the initial conference, and the agency's voluntary
   suspension   of   activities  under   the   relevant  procurement
   authority, the protester reviewed the  solicitation and awardee's
   submission.   During a  conference on  October 12,  the protester
   reasserted  its belief  in its  grounds of  protest.   It further
   noted that it  could find no provision in  the solicitation which
   required the awardee to be  an authorized reseller or distributor
   of Pioneer products, and that it would not attempt to demonstrate
   the   impropriety  of  the  responsibility  determination.    The
   protester stated that it would withdraw its protest and requested
   that the protest be dismissed with prejudice.  The agency did not
   object.   Accordingly, the  protest is DISMISSED  WITH PREJUDICE.
   Rule 28(a).
 
 
                                        _________________________
                                        JOSEPH A. VERGILIO
                                        Board Judge