_______________________________________________ DISMISSED WITHOUT PREJUDICE: JUNE 7, 1994 _______________________________________________ GSBCA 12827-P SYTEL, INC., Protester, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent. Pamela J. Mazza, Andrew P. Hallowell, Philip M. Dearborn, and Frank C. Gulin of Piliero, Mazza & Pargament, Washington, DC, counsel for Protester. Alice A. Kelley and Dalton Phillips, Business and Administrative Law Division, Office of the General Counsel, Department of Health and Human Services, Washington, DC, counsel for Respondent. BORWICK, Board Judge. ORDER On May 9, 1994, Sytel Inc. protested the award of a contract by the National Institutes of Health for federal information processing support services to another vendor. The primary issue in this protest was how to reconcile the RFP's 60/40 weight given to the technical and cost factors with the "best value" analysis permitted by the RFP. A subsidiary issue was whether respondent's cost/technical tradeoff was in accord with the RFP's 60/40 weight given to technical and cost. Protester also alleges that the technical team improperly underscored its technical proposal. The parties, conducting settlement negotiations which should be concluded by June 17, desire a dismissal without prejudice. Pursuant to Rule 28, this protest is DISMISSED WITHOUT PREJUDICE, to be deemed a dismissal with prejudice unless reinstated no later than June 20, 1994. _________________________ ANTHONY S. BORWICK Board Judge