______________________________________________ DISMISSED WITHOUT PREJUDICE: May 20, 1994 ______________________________________________ GSBCA 12816-P FEDERAL SYSTEMS GROUP, INC., Protester, v. DEFENSE LOGISTICS AGENCY, Respondent. William F. Savarino and G. Brent Connor, Cohen & White, Washington, DC, counsel for Protester. Jo Hilda DuBose and Walter Thomas, Office of the General Counsel, Defense Logistics Agency, Alexandria, VA, counsel for Respondent. HENDLEY, Board Judge. ORDER On April 21, 1994, the Board docketed a protest filed by Federal Systems Group, Inc. (FSG). The protester alleged that the solicitation issued by the respondent, the Defense Logistics Agency, was ambiguous and in violation of the Federal Acquisition Regulations. On May 6, 1994, we suspended the respondent's delegation of procurement authority and issued our standard protective order. On May 19, 1994, the Board received the protester's motion to dismiss, which states, in pertinent part: Pursuant to Board Rule 28(a)(1), protester, . . . by counsel, hereby moves the Board for an order dismissing without prejudice its above-styled protest. The parties further request that the Board order that the dismissal without prejudice automatically be converted to a dismissal with prejudice on Tuesday, May 24, unless the Board is otherwise notified by either party. The respondent concurs in the protester's motion. We grant the motion. The protest is hereby dismissed without prejudice. The dismissal will be deemed to be with prejudice on May 24, 1994, unless either party moves otherwise prior to that date. ____________________________ JAMES W. HENDLEY Board Judge