_______________________________________________ DISMISSED: September 26, 1994 _______________________________________________ GSBCA 12977-P, UNGERMANN-BASS NETWORKS, INC., Protester, v. DEPARTMENT OF THE NAVY, Respondent, and XYPLEX, INC., Intervenor. Gerard F. Doyle of Doyle & Bachman, Washington, DC, counsel for Protester. Eric A. Lile, Office of Counsel, Naval Supply Systems Command, Arlington, VA; Lucie-Anne Dionne Thomas, Naval Undersea Warfare Center, Newport, RI, counsel for Respondent. David E. Lurie of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, MA, counsel for Intervenor. BORWICK, Board Judge. ORDER On September 16, 1994, Ungermann-Bass Networks, Inc. (UB Networks), filed a protest against the Department of the Navy, Naval Undersea Warfare Center Division (Navy). UB Networks alleged that the Navy's award to Xyplex, Inc., violated the request for proposals' requirement for thirty-one management processor modules with flash memory cards; that the Navy conducted inadequate discussions; and that the Navy improperly permitted Xyplex to revise its proposed quantities and unit prices for the management module processor module and flash memory card. On September 22, 1994, protester and respondent filed a joint motion to dismiss the protest. Respondent has issued a stop work order to Xyplex and will amend the solicitation to re- open discussions and to establish a date when best and final offers (BAFOs) would be due. Respondent agrees to terminate the existing contract to Xyplex for convenience if a different result is reached following evaluation of the BAFOs. If the same result is reached, the stop work order will be lifted and the contract modified to reflect any changes made in Xyplex's BAFO. Protester and respondent agree that nothing in the joint motion precludes protester's right to submit a protest cost claim or respondent's right to oppose the claim. Intervenor Xyplex has not objected to this settlement. Pursuant to Rule 28(a)(1) and the request of the parties, this protest is DISMISSED WITH PREJUDICE. _______________________________ ANTHONY S. BORWICK Board Judge