__________________________________________ MOTION TO DISMISS GRANTED: June 16, 1994 __________________________________________ GSBCA 12835-P FEDERAL SYSTEMS GROUP, INC., Protester, v. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, Respondent, and BOEING INFORMATION SERVICES, INCORPORATED, and CICI, INC., d/b/a IDB INTERNATIONAL, Intervenors. Richard J. Conway of Dickstein, Shapiro & Morin, Washington, DC, counsel for Protester. Sumara M. Thompson-King, Office of General Counsel, National Aeronautics and Space Administration, Washington, DC, and James R. Frees, Office of the Chief Counsel, George C. Marshall Space Flight Center, Marshall Space Flight Center, AL, counsel for Respondent. Cyrus E. Phillips, IV, of Keck, Mahin & Cate, Washington, DC, counsel for intervenor Boeing Information Services, Incorporated. Richard J. Webber, Matthew S. Perlman, and John J. O'Brien of Arent Fox Kintner Plotkin & Kahn, Washington, DC, counsel for Intervenor CICI, Inc. d/b/a IDB International. Before Board Judges PARKER, HENDLEY, and DEVINE. DEVINE, Board Judge. The subject protest was filed on May 16, 1994. Protester has now moved to dismiss it with prejudice. No objection has been made by intervenors. Intervenor Boeing has moved for the imposition of sanctions (payment of its attorneys fees) upon protester, citing Zinger Construction Co. v. GSA, GSBCA 11039-R-R, 93-1 BCA 25,426, as authority therefore. The basis on which Boeing seeks sanctions is protester's bad faith in filing a frivolous protest. The Zinger case was an appeal under the Contracts Disputes Act, not a protest. The only sanction imposed was that Zinger was forbidden, after 3 attempts to litigate the same claim, from attempting to litigate a fourth time. It cites no statutory or regulatory basis for its action, and is not authority for the imposition of sanctions in a protest where the basis of protest is at least colorable. The motion for sanctions is DENIED. The protester's motion to dismiss with prejudice is GRANTED. The suspension order heretofore entered expires by its terms. ___________________ DONALD W. DEVINE Board Judge We concur: _________________ __________________ ROBERT W. PARKER JAMES W. HENDLEY Board Judge Board Judge