______________________________________________ DISMISSED WITH PREJUDICE: June 13, 1994 ______________________________________________ GSBCA 12863-P LMS N. AMERICA Protester, v. DEPARTMENT OF ENERGY, Respondent. Richard A. Olt, Secretary/Treasurer of LMS N. America, Troy, MI, appearing for Protester. John Alan Jones, Dayton Area Office, Department of Energy, Miamisburg, OH, counsel for Respondent. HENDLEY, Board Judge. ORDER On June 9, 1994, the Board docketed a protest filed by LMS N. America (LMS), against an award made to M+P International under solicitation number 233227-5855 which was issued by EG&G Mound Applied Technologies (EG&G). On June 10, 1944, we issued our standard order on proceedings. Inasmuch as the protest appeared to be directed to an award by a management and operating (M&O) prime contractor, EG&G, we advised the parties by telephone that the case may well be controlled by US West Communications Services, Inc. v. United States, 940 F.2d 622 (Fed. Cir. 1991). Later on June 10, we were informed by the parties that the respondent had directed that the protested award by EG&G to M+P International was being canceled and that LMS was withdrawing its protest. Later that day, we received written confirmation from the protester and the respondent that the protest was withdrawn. Accordingly, the request to dismiss is granted. The protest is DISMISSED WITH PREJUDICE. Rule 28(a). _______________________________ JAMES W. HENDLEY Board Judge