DISMISSED WITHOUT PREJUDICE: October 29, 1993 GSBCA 12605-P INFORMATION & TELECOMMUNICATIONS STRATEGIES JOINT VENTURE, Protester, v. DEPARTMENT OF THE NAVY, Respondent, and COMPUTER DATA SYSTEMS, INC., Intervenor. Kenneth S. Kramer, Douglas W. Baruch, and Pamela A. Roth of Fried, Frank, Harris, Shriver & Jacobson, Washington, DC, counsel for Protester. Ellen D. Washington and M. Elizabeth Hancock, Information Technology Acquisition Center, Department of the Navy, Washington, DC, counsel for Respondent. Charles B. Machion and Suzanne Ferrara of Computer Data Systems, Inc., Rockville, MD, counsel for Intervenor. GOODMAN, Board Judge. ORDER This protest was filed on September 30, 1993, by Information & Telecommunications Strategies Joint Venture (ITS). ITS challenges the Department of the Navy's (respondent) award of a contract to Computer Data Systems, Inc. (CDSI) for the procurement of automatic data processing software, support, and services. CDSI intervened in the protest as an intervenor of right. ITS's protest alleges irregularities and errors in respondent's evaluation and consideration of its proposal, thereby violating statute and regulation. On October 5, 1993, a prehearing conference was convened by the Board during which time discovery was authorized and a hearing on the merits was scheduled for November 8-9, 1993. On October 27, protester and respondent filed a Joint Motion to Dismiss which states, in part: 4. In recognition thereof, the Navy, CDSI and ITS have agreed to certain remedial action . . . . 5. Upon implementation of the remedial action noted in paragraph 4 above, . . . ITS agrees that its protest should be dismissed without prejudice . . . . Accordingly, this protest is DISMISSED WITHOUT PREJUDICE. Rule 28(a). This dismissal shall convert to a dismissal with prejudice 120 days from the date of this order unless a party moves for reinstatement of the protest prior to the expiration of the 120-day period. ________________________ ALLAN H. GOODMAN Board Judge