____________________________________________
        
               DISMISSED WITH PREJUDICE: January 23, 1995
              ____________________________________________
 
 
                             GSBCA 13137-P
 
 
                 VOLT/ALPHANUMERIC PUBLICATION SYSTEMS,
 
                                                Protester,
 
                                   v.
 
                        DEPARTMENT OF THE NAVY,
 
                                                Respondent,
 
                                  and
 
                   GRUMMAN DATA SYSTEMS CORPORATION,
 
                                                Intervenor.
 
        Thomas F. Williamson, Robert M. Moore, and Gerald T. Nielsen
   of  Morgan,  Lewis  &  Bockius, Washington,  DC;  and  Howard  B.
   Weinreich of  Volt  Information  Sciences,  Inc.,  New York,  NY,
   counsel for Protester.
 
        Peter  D. Butt,  Jr., and  Jeffrey A.  Mansfield, Office  of
   Counsel,  Fleet and Industrial  Supply Center, Department  of the
   Navy,  San Diego,  CA; and  Anita M.  LeBlanc, Office  of General
   Counsel,  Naval Supply Systems  Command, Department of  the Navy,
   Arlington, VA, counsel for Respondent.
 
        David   V.   Anthony,   Richard   P.   Rector,   Daniel   J.
   Moynihan, III,   and  Nanci  S.   Redman  of  Pettit   &  Martin,
   Washington, DC, counsel for Intervenor.
 
   WILLIAMS, Board Judge.
 
                                 ORDER
 
        On December 30, 1994, Volt/Alphanumeric Publication  Systems
   protested the award  of a contract by the Department  of the Navy
   to  Grumman Data  Systems  Corporation under  solicitation number
   N00123-94-R-5109  for  photocomposition, digitized  artwork,  and
   maintenance  of  the  Navy's   Planned  Maintenance  System   and
   Engineering   Operations   Sequencing  System   databases.     On
   January 20,  1995,   protester  and  respondent  filed   a  joint
   stipulation to withdrawal of protest, stating:
 
 
             WHEREAS,   the   Navy    award   of   solicitation
        N00123-94-R-5109  was  protested  by  Volt/Alphanumeric
        Publication Systems ("Volt"); and
 
             WHEREAS, Volt protested the  award of the contract
        to   Grumman  Data   Systems  Corporation   ("Grumman")
        because, in  violation of various procurement  laws and
        regulations, the Navy  failed to award the  contract in
        accordance  with the terms  of the solicitation  by (1)
        improperly evaluating Grumman's  technical proposal and
        performance    under    the     required    Performance
        Demonstration; (2) improperly evaluating Grumman's cost
        proposal,  which does not  include the cost  of several
        mandatory  requirements of  the  solicitation; and  (3)
        using unstated evaluation criteria; and
 
             WHEREAS,  the Navy  hereby  acknowledges that  the
        solicitation   was   improperly  awarded   because   it
        (1) failed  to state the  minimum needs of  the agency;
        (2) the technical  evaluation was improperly conducted;
        (3) substantial  revisions  to the  specifications  are
        necessary;  and  (4)  the  above  actions   constituted
        prejudicial  violation of  law in  the  conduct of  the
        protested procurement;
 
             NOW THEREFORE, the  Protester and Respondent agree
        as follows:
 
             1.   The  agency  will  take  remedial  action  by
        issuance of an amendment to  the solicitation reopening
        discussions, amending  the specifications,  and calling
        for Best and Final Offers.
 
             2.   Volt withdraws its protest with prejudice and
        without the right  to raise the same issues  or grounds
        for protest in any subsequent action.
 
             3.   The  parties  agree  that Volt  received  the
        result it sought in bringing the protest and should  be
        deemed a prevailing party.
 
             4.   Volt agrees  to the disclosure to  Grumman of
        its last offered price for the contract simultaneous to
        the issuance of  the amendment inviting Best  and Final
        Offers.
 
             5.   Volt   agrees  to   the  continued   contract
        performance by the contract awardee until the time of a
        new contract award.
 
             6.   In  the event  award  is made  to  Volt as  a
        result of the  second round of  Best and Final  Offers,
        the  Grumman  contract  will   be  terminated  for  the
        convenience  of the Government.  In the event the award
        is made  to Grumman as a result  of the second round of
        Best and Final Offers, the contract will be modified to
        reflect  its  newly offered  price.    The Government's
        obligations will  be limited  to the terms,  conditions
        and prices contained in the newly awarded contract.
 
        Volt's request to  withdraw its  protest is  GRANTED.   This
   protest is DISMISSED WITH PREJUDICE.  
   Rule 28(a).[foot #] 1
 
 
 
                                      _____________________________
                                      MARY ELLEN COSTER WILLIAMS
                                      Board Judge
 
                                                                    
                   ----------- FOOTNOTE BEGINS ---------
 
        [foot #] 1  58 Fed. Reg. 69,263 (1993) (to be codified at 48
   CFR 6101.28)