___________________________________________________
 
              DISMISSED WITH PREJUDICE: September 8, 1994
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                             GSBCA 12958-P
 
 
                  P & R ROOFING AND SHEET METAL, INC.,
 
                                        Protester, 
 
                                   v.
 
                        DEPARTMENT OF THE ARMY,
 
                                        Respondent.
 
        Paul W.  Hoffman of  P  & R  Roofing  & Sheet  Metal,  Inc.,
   Lexington, KY, counsel for Protester.
 
        COL Riggs  L. Wilks,  Jr., and MAJ  Charles R.  Marvin, Jr.,
   Office  of the  Chief  Trial Attorney,  Department  of the  Army,
   Arlington, VA, counsel for Respondent.
 
   VERGILIO, Board Judge.
 
                                 ORDER
 
        On September 2, 1994, P  & R Roofing and Sheet  Metal, Inc.,
   filed this protest  challenging the  agency's determination  that
   its  apparent low bid for re-roofing buildings is non-responsive.
   During a telephone conference held  on September 7, the protester
   indicated that it does not contend  that the procurement involves
   automatic  data processing equipment or is  subject to the Brooks
   Act, 40 U.S.C.   759 (1988).  Moreover, the protester stated that
   it  had filed  a protest  with both  this Board  and the  General
   Accounting Office.   Recognizing the limitations of  this Board's
   statutory protest authority,  the protester moved to  dismiss its
   protest  with  prejudice  to reinstatement,  with  the  Board not
   reaching  the merits  of the issues  raised.  The  agency did not
   object to the  requested dismissal.  Accordingly,  the protest is
   DISMISSED WITH PREJUDICE to reinstatement.
 
                                        _________________________
                                        JOSEPH A. VERGILIO
                                        Board Judge