DISMISSED WITHOUT PREJUDICE: August 5, 1994 GSBCA 12924-P SYSTEM RESOURCES, INCORPORATED, Protester, v. DEPARTMENT OF THE ARMY, Respondent. Gerard F. Doyle, Scott W. Woehr, and Alexander Bakos of Doyle & Bachman, Washington, DC, counsel for Protester. Jeffrey I. Kessler, Vera Meza, and Craig E. Hodge, U.S. Army Materiel Command, Department of the Army, Alexandria, VA; and David H. Scott, U.S. Army Test & Evaluation Command, Department of the Army, Aberdeen Proving Ground, MD, counsel for Respondent. GOODMAN, Board Judge. ORDER This protest was filed on August 2, 1994, by System Resources, Incorporated, against the award of a contract by the Department of the Army for the acquisition of labor, equipment, materials, and software to upgrade the existing mini-mainframe computer at the Aberdeen Directorate of Safety Health and Environment. Protester contends that the award to ECS Technologies, Inc., violated statute, regulations, and the terms of the solicitation because, allegedly, the hardware proposed by ECS does not comply with the terms of the solicitation, and ECS is unable to provide the software that it proposed. On August 5, 1994, protester and respondent jointly moved to dismiss the protest without prejudice. Accordingly, pursuant to Rule 28(a), this protest is DISMISSED WITHOUT PREJUDICE. This dismissal shall become one with prejudice ninety days from the date of this order unless either party moves for reinstatement of the protest prior to the expiration of the ninety-day period. ___________________________ ALLAN H. GOODMAN Board Judge