____________________________________________________
 
          DISMISSED FOR LACK OF JURISDICTION: November 2, 1994
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                             GSBCA 13060-P
 
 
                        TRESP ASSOCIATES, INC.,
 
                                        Protester,
 
                                   v.
 
                         DEPARTMENT OF ENERGY,
 
                                        Respondent.
 
        Mary Beth Bosco,  Timothy B. Mills,  Glenn T. Reynolds,  and
   Christy L. Gherlein, of Patton Boggs, Washington, DC, counsel for
   Proposed Intervenor.
 
        Mary  D. Copeland  and  Wendy  E.  Ojeda,  Office  of  Chief
   Counsel,  Department  of  Energy,  Oak  Ridge,  TN,  counsel  for
   Respondent.
 
   Before Board Judges PARKER, HYATT, and VERGILIO.
 
   VERGILIO, Board Judge.
 
        On  November  1,  1994, TRESP  Associates,  Inc.  filed this
   protest; it  seeks, alternatively, to intervene in support of the
   first supplemental  protest  issues raised  by Columbia  Services
   Group, Inc. in GSBCA 12999-P.  TRESP states that on September 21,
   1994, it filed a protest with the General Accounting Office (GAO)
   involving the same procurement.
 
        Statute prohibits a party from filing a protest with the GAO
   and  then filing  a protest  with  the Board  involving the  same
   procurement.  40 U.S.C.   759(f)(1) (1988).  Board rules define a
   protester as  "an interested party  who files a protest  with the
   Board and who has not filed a protest with the GAO concerning the
   same  procurement."   Rule 1(b)(12).   In  light of  its election
   earlier to file a protest at the GAO and the unambiguous language
   of the  statute, TRESP is unable to file  at this Board a protest
   on the  same procurement.   The  rationale which precludes  TRESP
   from being an  intervenor of right and pursuing its own issues of
   protest  at this Board  applies equally to  precluding TRESP from
   pursuing   this  protest.    Columbia  Services  Group,  Inc.  v.
   Department  of Energy,  GSBCA 12999-P,  1994 BPD   223  (Oct. 18,
   1994);  motion for reconsideration denied (Oct. 24, 1994); motion
   for full Board consideration denied (Nov. 2, 1994).
 
        In  light of the statutory prohibition which precludes TRESP
   from filing  its protest  at the Board,  the Board  DISMISSES FOR
   LACK OF JURISDICTION this protest.
 
                                        _________________________
                                        JOSEPH A. VERGILIO
                                        Board Judge
   We concur:
   _________________________            _________________________
   ROBERT W. PARKER                     CATHERINE B. HYATT
   Board Judge                          Board Judge