___________________________________________ DISMISSED WITH PREJUDICE: October 19, 1994 ___________________________________________ GSBCA 13010-P INTEGRATED SYSTEMS GROUP, INC., Protester, v. DEPARTMENT OF COMMERCE, Respondent. Shelton H. Skolnick, Bruce Trimble, Amy M. Hall, Wayne Finegar, and Amer Syed of Skolnick & Leishman, Derwood, MD, counsel for Protester. Lynn Hawkins Patton, Office of the General Counsel, Department of Commerce, Washington, DC, counsel for Respondent. VERGILIO, Board Judge. ORDER On October 7, 1994, Integrated Systems Group, Inc. filed this protest involving actions of the respondent, the Department of Commerce. The protester maintains that it responded to a Commerce Business Daily (CBD) notice of intent to place an order under a General Services Administration non-mandatory schedule contract and that the agency proceeded to compete the requirement, but improperly failed to notify the protester of the competition. In a joint settlement agreement, the agency agrees to a re- competition to satisfy its requirements; it intends to place in the CBD a notice of the procurement action. Further, the agency does not stipulate or admit to any of the facts alleged by the protester. Additionally, the agency will not be liable for protester's attorney fees. The protester concurs in the agency's motion to dismiss the protest. The Board DISMISSES WITH PREJUDICE the underlying protest. The previously entered suspension of procurement authority lapses by its terms. 40 U.S.C. 759(f)(3) (1988); Order (Oct. 14, 1994). ________________________ JOSEPH A. VERGILIO Board Judge