DISMISSED: April 6, 1994 GSBCA 12798-P AQUIDNECK SYSTEMS INTERNATIONAL, INC., Protester, v. DEPARTMENT OF AGRICULTURE, Respondent, and DATA/WARE DEVELOPMENT, INC., Intervenor. George Till of Aquidneck Systems International, Inc., appearing for Protester. Jane H. Talley, Office of the General Counsel, Department of Agriculture, Washington, DC, counsel for Respondent. James J. Regan of Crowell & Moring, Washington, DC, counsel for Intervenor. DANIELS, Board Judge (Chairman). ORDER Network Imaging Systems Corporation (NISC) and Aquidneck Systems International, Inc. (Aquidneck) were informed by the contracting officer on February 23 and 24, 1994, that proposals they had sent to the Department of Agriculture, to supply optical storage systems to the agency, had been rejected as late. NISC protested this action to the contracting officer, and after he issued a denial, to this Board. On March 16, the contracting officer informed Aquidneck that NISC had filed its protest, GSBCA 12790-P, with the Board. On March 25, Aquidneck sent a letter to the Board. It styled the filing alternatively as a protest or an intervention in NISC's protest. The Board docketed the filing as a protest, GSBCA 12798-P, and scheduled a telephonic conference for April 4. In doing so, we ordered Aquidneck to be prepared to show, at the conference, why the filing should be considered timely. During the conference, Government counsel suggested that the filing was untimely, whether considered a separate protest or an intervention in NISC's protest. It is untimely as a protest, she maintained, because it was made more than ten working days after Aquidneck learned that its proposal had been rejected as late. Rule 5(b)(3)(ii). The filing is untimely as an intervention, she urged, because it was made more than four working days after Aquidneck learned of NISC's protest. Rule 5(b)(4). In response, Aquidneck's representative did not contest the timeliness of the filing. He interposed no objection to the Board's issuing an order of dismissal. Also without objection, the Board authorized Aquidneck to participate in NISC's protest as a permissive intervenor. Rules 1(b)(9), 5(a)(4)(iii). Without objection, GSBCA 12798-P is dismissed. Rule 28. _________________________ STEPHEN M. DANIELS Board Judge