_______________________________________________ DISMISSED AS SETTLED: January 5, 1994 _______________________________________________ GSBCA 12707-P MATERIALS, COMMUNICATION & COMPUTERS, INC., Protester, v. DEPARTMENT OF THE NAVY, Respondent. Kenneth S. Kramer, P.C., Douglas W. Baruch, and Jay D. Majors of Fried, Frank, Harris, Shriver & Jacobson, Washington, DC, counsel for Protester. Ellen D. Washington, David P. Andross, and Elizabeth Hancock, Information Technology Acquisition Center, Department of the Navy, Washington, DC, counsel for Respondent. HENDLEY, Board Judge. ORDER On December 16, 1993, the Board docketed a protest filed by Materials, Communication & Computers, Inc. (MATCOM2), under solicitation number N66032-92-R-0017. The protester contended that it had been improperly evaluated and excluded from the competitive range by the respondent, the Department of the Navy. On December 20, 1993, we held a prehearing conference for the purpose of establishing a plan for further proceedings in the protest. In its protest complaint, the protester sought to have the respondent's delegation of procurement authority suspended pending the Board's decision on the merits of the case. During the prehearing conference, the respondent elected not to contest the suspension, and we suspended the procurement at that time. The parties proceeded with discovery. A merits hearing was scheduled for January 18, 1994. On December 23, 1993, the Board received a joint motion to dismiss the protest, signed by the protester and the respondent. The motion states that the respondent admits that the allegation of count 1, regarding the protester's elimination from the competitive range, is valid; that the parties agree to a dismissal of count 2 with prejudice; and that the respondent will investigate the allegations of count 3 and take appropriate corrective action, but will not disclose to the protester, until after award, what it does relative to this count. Accordingly, the joint motion to dismiss is GRANTED. The protest is DISMISSED AS SETTLED in accordance with the parties' joint motion. The Board's suspension of the respondent's procurement authority lapses by its own terms. _______________________________ JAMES W. HENDLEY Board Judge