__________________________________________
 
                       DISMISSED: January 6, 1995
               __________________________________________
 
                             GSBCA 13103-P
 
 
                           TITAN CORPORATION,
 
                                       Protester,
 
                       EER SYSTEMS CORPORATION,
 
                                       Intervenor,
 
                                  and,
 
                       MICROLOG CORPORATION,
 
                                      Intervenor,
 
                                   v.
 
                        DEPARTMENT OF COMMERCE,
 
                                        Respondent.
 
        C. Stanley Dees  and Patrick K. O'Keefe of  McKenna & Cuneo,
   Washington, DC, counsel for Protester.
 
        John  R.  Tolle, of  Barton, Mountain  & Tolle,  McLean, VA,
   Counsel for EER Systems. 
 
        Richard  A.  Johnson,  President  of  Microlog  Corporation,
   Germantown, MD, appearing for Intervenor Microlog Corporation.
 
        Jerry  A. Walz,  Office of  General  Counsel, Department  of
   Commerce, Washington, DC, counsel for Respondent.
 
   DEVINE, Board Judge.
 
                                  ORDER
 
        This protest was filed on December 7, 1994, a date which was
   within ten days of the award of the contract which it challenged.
   Among other things,  protester, sought a statutory  suspension of
   the  Commerce  Department's  procurement authority.    Two  other
   offerors intervened  on behalf  of protester  but neither  did so
   within  ten days  of award  and  neither sought  a suspension  of
   procurement  authority.   The  Government challenged  protester's
   right to  a  suspension, but  after  a  hearing on  the  issue  a
   suspension order was  issued on December 16, 1994.   The Commerce
   Department  next sought consideration of this suspension order by
   the full Board.   This motion was,  under our Rules,  referred to
   the panel  for initial  consideration.   It is  now moot  as will
   appear below. 
 
 
        Protester Titan Corporation and the Commerce Department have
   now  filed  a  joint  motion  to  dismiss  this  protest  without
   prejudice  with  the  stipulation  that  it  be  converted  to  a
   dismissal with prejudice upon the lifting of the suspension order
   heretofore entered.  This motion is based on a mutually agreeable
   settlement agreement.
 
        In  accordance with the  joint motion, the  suspension order
   entered  on December  16,  1994,  which  suspended  the  Commerce
   Department's  delegation of procurement authority with respect to
   this  procurement, is lifted in all  respects; the protests, both
   initial  and amended,  of Titan  Corporation  are withdrawn,  and
   Titan Corporation is dismissed as a party protestant.
 
 
                                       ______________________
                                       DONALD W. DEVINE   
                                       Board Judge