__________________________________________________________ GSBCA 13087-P DISMISSED WITH PREJUDICE: January 13, 1995 __________________________________________________________ GSBCA 13087-P, 13139-P ANSTEC, INC., Protester, and CAELUM RESEARCH CORPORATION, Protester/Intervenor, and PRODUCTIVE DATA SYSTEMS, INC., Intervenor, v. DEPARTMENT OF TRANSPORTATION, Respondent, and MODERN TECHNOLOGY SYSTEMS, INCORPORATED, Intervenor. James J. Regan, George D. Ruttinger, David Z. Bodenheimer, and Christopher M. Farris of Crowell & Moring, Washington, DC, counsel for Protester Anstec, Inc. William L. Walsh, Jr., Lars E. Anderson, J. Scott Hommer, III, and Wm. Craig Dubishar of Venable, Baetjer and Howard, McLean, VA, counsel for Protester/Intervenor Caelum Research Corporation. Ronald S. Perlman and Ellen F. Randel of Porter, Wright, Morris & Arthur, Washington, DC, counsel for Intervenor Productive Data Systems, Inc. Cathryn G. Cason and A. L. Haizlip, Federal Aviation Administration, Department of Transportation, Oklahoma City, OK, counsel for Respondent. Michael W. Clancy, Richard P. Rector, and Kevin P. Mullen of Pettit & Martin, Washington, DC, counsel for Intervenor Modern Technology Systems, Incorporated. WILLIAMS, Board Judge. ORDER On November 28, 1994, Anstec, Inc. (Anstec) filed a protest challenging the Department of Transportation, Federal Aviation Administration's award of a contract for federal information processing support services to Modern Technology Systems, Incorporated (MTS). On January 5, 1995, Anstec filed a notice of withdrawal of protest, requesting that its protest be dismissed with prejudice. On January 6, 1995, intervenor Productive Data Systems, Inc. (PDS) filed an objection to Anstec's withdrawal of its protest. On January 9, 1995, Caelum Research Corporation (Caelum) joined in PDS' objection. Anstec's protest, GSBCA 13087-P, is DISMISSED WITH PREJUDICE. Rule 28.[foot #] 1 Caelum's and PDS' interventions survive as viable protests,[foot #] 2 and for ease of reference will be assigned new GSBCA numbers, GSBCA 13155-P and 13156-P, respectively. On January 6, 1995, respondent and intervenor MTS jointly moved to vacate the suspension of respondent's delegation of procurement authority ordered by the Board on December 2, 1994, pending resolution of this protest. Both Caelum and PDS vigorously opposed any vacation of the suspension order. Caelum filed its opposition on January 9, 1995. The Board requested additional statements supporting the government's position. These were served on January 11, 1995, and Caelum filed a reply on January 12, 1995. ----------- FOOTNOTE BEGINS --------- [foot #] 1 58 Fed. Reg. 69,263 (1993) (to be codified at 48 CFR 6101.28) [foot #] 2 We recognize there are several motions to dismiss the protests, but do not address them here, as the record is not yet fully developed. ----------- FOOTNOTE ENDS ----------- Neither intervenor filed its intervention in sufficient time to have requested a suspension in the first instance nor was Caelum's protest filed in sufficient time. Therefore, the Board has no authority to order respondent to continue with the suspension. See, Atlis Federal Services, Inc. v. Department of Health and Human Services, GSBCA 12959-P, 1994 BPD 235. _____________________________ MARY ELLEN COSTER WILLIAMS Board Judge