______________________________________________ DISMISSED WITH PREJUDICE: October 8, 1993 ______________________________________________ GSBCA 12609-P FALCON MICROSYSTEMS, INC., Protester, v. U.S. DEPARTMENT OF AGRICULTURE, Respondent. James J. Tierney and James S. Kurz of Hazel & Thomas, P.C., Falls Church, VA, counsel for Protester. Lynn W. Flanagan, Office of the General Counsel, U.S. Department of Agriculture, Washington, DC, counsel for Respondent. HENDLEY, Board Judge. ORDER On October 1, 1993, the Board docketed a protest filed by Falcon Microsystems, Inc. (Falcon). Falcon protested the award of a contract for automatic data processing equipment, under invitation for bids (IFB) number 00-93-1102, to other offerors by the respondent, U.S. Department of Agriculture. The protester alleged that it was "the lowest responsive, responsible bidder whose bid was in compliance with all material and essential terms and conditions of the IFB." On October 4, 1993, prior to the Board's issuance of the order on proceedings in this protest, we received a joint stipulation for voluntary dismissal from the parties, which states: Protester Falcon Microsystems, Inc. ("Falcon") and Respondent U.S. Department of Agriculture ("Agriculture") through their undersigned counsel and pursuant to GSBCA Rule 28(a), hereby stipulate and agree that Falcon's protest should be dismissed without prejudice. Falcon and Agriculture further stipulate and agree that the dismissal shall convert to one with prejudice on October 8, 1993, unless any party requests reinstatement prior to that date. In accordance with the agreement of the parties, the protest is hereby DISMISSED WITH PREJUDICE. Rule 28(a). __________________________ JAMES W. HENDLEY Board Judge