___________________________________________
        
               DISMISSED WITH PREJUDICE: October 6, 1994
              ___________________________________________
 
 
                             GSBCA 12959-P
 
 
                       ASPEN SYSTEMS CORPORATION,
 
                                                Protester,
 
                     ATLIS FEDERAL SERVICES, INC.,
 
                                                Intervenor,
 
                        RMS TECHNOLOGIES, INC.,
 
                                                Intervenor,
 
                                  and
 
                   BIRCH & DAVIS SERVICE CORPORATION,
 
                                                Intervenor,
 
                                   v.
 
                DEPARTMENT OF HEALTH AND HUMAN SERVICES,
 
                                                Respondent,
 
                                  and
 
                FORENSIC MEDICAL ADVISORY SERVICE, INC.
 
                                                Intervenor.
 
        Gilbert  J.  Ginsburg,  Daniel  B.  Abrahams,  Constance  A.
   Wilkinson,  and  Jose Otero,  of  Epstein Becker  &  Green, P.C.,
   Washington, DC, counsel for Protester.
 
        Richard  A. Dean of Arter  & Hadden, Washington, DC, counsel
   for Intervenor ATLIS Federal Services, Inc.
 
        Pamela J. Mazza, Andrew P. Hallowell, Antonio R. Franco, and
   Philip M. Dearborn of Piliero, Mazza & Pargament, Washington, DC,
   counsel for Intervenor RMS Technologies, Inc.
 
        Arthur  I.   Leaderman  of   Smith,  Pachter,   McWhorter  &
   D'Ambrosio,  Vienna, VA,  counsel for  Intervenor  Birch &  Davis
   Service Corporation.
 
        Lloyd M. Weinerman, Rodney L. Benson, and Jonathan A. Baker,
   Office of  the General  Counsel, Department  of Health  and Human
   Services, Baltimore, MD, counsel for Respondent.
 
        William  A.  Bradford,  Jr.,  Robert  J.  Kenney,  Jr.,  and
   Timothy L. Schroer  of Hogan  & Hartson  L.L.P., Washington,  DC,
   counsel for Intervenor Forensic Medical Advisory Service, Inc.
 
   WILLIAMS, Board Judge.
 
                                 ORDER
 
        On  September  2, 1994,  Aspen  Systems  Corporation (Aspen)
   protested  the  award  of a  contract  under  solicitation number
   HCFA-92-034/dk  by the Department  of Health and  Human Services'
   Health  Care  Financing  Administration  (HCFA),  to   intervenor
   Forensic  Medical  Advisory  Service,  Inc.,  for  Clinical  Data
   Abstraction Center  services, i.e.,  timely and  accurate medical
   record  data entry  and abstraction,  using  standard data  entry
   software developed by HCFA.  On September 26, 1994, Aspen filed a
   motion to dismiss this protest with prejudice.
 
        Accordingly,  this  protest  is  DISMISSED  WITH  PREJUDICE.
   Rule 28(a).[foot #] 1
 
        The   Board  does  not  now  decide  whether  ATLIS  Federal
   Services,  Inc.'s  (ATLIS')  intervention  survives as  a  viable
   protest.   However, while the  Board is considering  that matter,
   Aspen  will be dropped  from the caption of  this case, and ATLIS
   will be substituted as the party protester.  The case number will
   remain the  same.  Intervenor  Birch & Davis  Service Corporation
   (B&D)  has indicated  that it  does  not want  to  proceed as  an
   intervenor; therefore, B&D  will be dropped  from the caption  of
   this case.  Intervenor RMS Technologies, Inc. (RMS) has indicated
   that it  does want  to proceed as  an intervenor;  therefore, RMS
   will remain in the caption of this case.
 
        Even if the  Board permits ATLIS to proceed  as a protester,
   joined by RMS  as an  intervenor, neither  intervened in  Aspen's
   protest within  ten calendar days  of award,  the statutory  time
   frame for requesting a suspension.  As such, the Board  lacks the
   authority to  order a  suspension of  respondent's delegation  of
                                                                    
                   ----------- FOOTNOTE BEGINS ---------
 
        [foot #] 1     58 Fed. Reg. 69,263 (1993) (to be codified at
   48 CFR 6101.28)
 
                   ----------- FOOTNOTE ENDS -----------
 
 
   procurement,  once Aspen's  protest  is  dismissed.    Thus,  the
   Board's suspension order of September 7, 1994, is hereby vacated.
   Respondent  is,  of  course,  free  to  continue  the  suspension
   voluntarily pending resolution of the outstanding issues  related
   to the instant protest.
 
 
 
 
                                      _____________________________
                                      MARY ELLEN COSTER WILLIAMS
                                      Board Judge