___________________________________________________ DISMISSED WITHOUT PREJUDICE: November 29, 1994 ___________________________________________________ GSBCA 13077-P PRODUCTIVE DATA SYSTEMS, INC., Protester, v. DEPARTMENT OF ENERGY, Respondent, and COMMUNICATION NETWORK SYSTEMS, INC., Intervenor. Craig T. Othmer of Sommer, Fox, Udall, Othmer, Hardwick & Wise, Santa Fe, New Mexico, counsel for Protester. John A. Herrick, Chief Counsel, Golden Field Office, Department of Energy, Golden, CO, counsel for Respondent. Alan M. Grayson and Hugh J. Hurwitz of the Law Offices of Alan M. Grayson, McLean, VA, counsel for Intervenor. NEILL, Board Judge. ORDER This protest was filed by Productive Data Systems, Inc. (PDS), on November 17, 1994. It concerns agency actions taken under a solicitation for automatic data processing equipment by the Department of Energy. On November 23, 1994, the parties advised the Board that they had agreed to dismiss this protest without prejudice with the following understanding: 1. Protester, PDS, will be debriefed on December 5, 1994, at the offices of the contracting officer. 2. Respondent will not take action to award the contract until December 16, 1994. 3. Protester agrees to withdraw its protest so long as it is debriefed on December 5, 1994. Accordingly, this protest is DISMISSED WITHOUT PREJUDICE. Rule 28(b). In the event no motion to reinstate this protest is filed within thirty days of December 16, 1994, this dismissal shall be deemed to be with prejudice upon the expiration of that thirty day period. ___________________________ EDWIN B. NEILL Board Judge