DISMISSED WITHOUT PREJUDICE: October 6, 1994 GSBCA 12948-P FEDERAL SYSTEMS GROUP, INC., Protester, v. DEFENSE LOGISTICS AGENCY, Respondent. David S. Cohen, William F. Savarino, and C. Patteson Cardwell, IV, of Cohen & White, Washington, DC, counsel for Protester. Walter Thomas, Jo H. DuBose, and Michael Briskin, Office of the General Counsel, Defense Logistics Agency, Alexandria, VA, counsel for Respondent. GOODMAN, Board Judge. ORDER On August 23, 1994, Federal Systems Group, Inc. (FSG), filed this protest against the Defense Logistics Agency (DLA) alleging that it was wrongfully eliminated from the competitive range. FSG contends that DLA violated statute and regulation in that it 1) improperly evaluated FSG's proposal, 2) improperly excluded FSG from the competitive range, 3) failed to conduct meaningful discussions, and 4) failed to provide for full and open competition. At the request of the parties, the Board delayed the hearing on the merits, which was scheduled to commence on Wednesday, September 28, 1994. On October 4, 1994, protester filed a motion to dismiss the protest without prejudice. Respondent concurs with the motion. Accordingly, pursuant to Rule 28(a), this protest is DISMISSED WITHOUT PREJUDICE. This dismissal shall convert to a dismissal with prejudice on October 31, 1994, unless either party moves for reinstatement prior to that date. _______________________ ALLAN H. GOODMAN Board Judge