_________________________________________ DISMISSED: January 10, 1994 _________________________________________ GSBCA 12695-P GTE GOVERNMENT SYSTEMS CORPORATION, Protester, and SPRINT COMMUNICATIONS COMPANY, Intervenor, v. DEFENSE INFORMATION SYSTEMS AGENCY, Respondent, and GOVERNMENT SYSTEMS, INC., Intervenor. George W. Stiffler, Charles M. Reifel, and Nick R. Hoogstraten of Bastianelli, Brown & Touhey, Washington, DC; and Sidney G. Masri, Assistant General Counsel for GTE Government Systems Corporation, counsel for Protester. Carl J. Peckinpaugh, Scott M. Heimberg, Janet Z. Barsy, and Sheila C. Stark of Akin, Gump, Strauss, Hauer & Feld, Washington, DC; and Julie Lunceford Witcher, George J. Affe, and Anthony L. Cogswell, Sprint Communications Company, Herndon, VA, counsel for Intervenor Sprint Communications Company. Douglas G. White and H. Jack Shearer, Office of the General Counsel, Defense Information Systems Agency, Scott Air Force Base, IL; and John R. McCaw, Gregory C. Carter, and Robert Zuckerman, Office of the Chief Counsel, Federal Aviation Administration, Washington, DC, counsel for Respondent. Jeffrey H. Smith, J. Robert Humphries, Sharon L. Taylor, Ronald A. Schechter, and Susan B. Cassidy of Arnold & Porter, Washington, DC; Ernest U. Gambaro, General Counsel, Infonet Services Corporation, El Segundo, CA, counsel for Intervenor Government Systems, Inc. NEILL, Board Judge. ORDER This protest, filed by GTE Government Systems Corporation (GTE), challenges the award of a contract by the Defense Information Systems Agency (DISA) to Government Systems, Inc. (GSI). The contract was awarded by DISA on behalf of the Federal Aviation Administration (FAA). It calls for the furnishing of an agency data telecommunications network for FAA. GSI and Sprint Communications Co., another participant in this procurement, have both intervened in this protest as intervenors of right. On this date, GTE filed a motion to dismiss this protest in accordance with Rule 28(a). Because the motion does not request a dismissal "without prejudice," this dismissal is "with prejudice" in accordance with the Board's new Rule 28(a). 58 Fed. Reg. 69,263 (1993) (to be codified at 48 CFR 6101.28). The motion is granted. This protest is DISMISSED. ____________________ EDWIN B. NEILL Board Judge