DISMISSED WITHOUT PREJUDICE:  December 13, 1994
                                                             
 
 
                            GSBCA 13091-P  
 
 
                          AC TECHNOLOGY, INC.,
 
                                                Protester,
 
                                   v.
 
                      DEPARTMENT OF THE AIR FORCE,
 
                                                Respondent.
 
        Arthur  J.  Sands,  Jr.,  Executive  Vice  President  of  AC
   Technology, Inc., McLean, VA, appearing for Protester.
 
        Clarence  D. Long,  III,  Office  of  the  General  Counsel,
   Department  of  the   Air  Force,  Arlington,  VA,   counsel  for
   Respondent.
 
   GOODMAN, Board Judge.
 
                                 ORDER
 
        This  protest  was  filed  on  November  30,   1994,  by  AC
   Technology, Inc., against  the Department of the Air  Force.  The
   procurement in  question is for the acquisition of memory modules
   to  be used in  the Combat Air Force  Workstation employed in the
   Air Operations  Centers.   Protester contends  that the  awardee,
   Dataram  Corporation, does  not  meet  the  requirements  of  the
   solicitation.
 
        On December 8, respondent filed a motion to dismiss for lack
   of jurisdiction  on the ground  that this contract is  subject to
   the Warner Amendment, 10 U.S.C.   2315 (1982), recodified in  the
   Brooks Act,  as amended, 40 U.S.C.   759(a)(3)(C) (Supp. V 1988).
   On  December  9,  upon  "realizing the  critical  nature  of  the
   project,"   protester  withdrew  its  protest  and  asked  for  a
   dismissal without prejudice.  Respondent concurs with protester's
   request.    Accordingly,   this  protest  is  DISMISSED   WITHOUT
   PREJUDICE.  This  dismissal shall convert  to one with  prejudice
   ten working  days from  the date of  this order  unless protester
   moves to  reinstate the  protest prior to  the expiration  of the
   ten-day period.  Rule 28(b).
 
                                      ________________________
                                      ALLAN H. GOODMAN
                                      Board Judge