DISMISSED: April 10, 1995 GSBCA 13228-P UNITED INTERNATIONAL ENGINEERING, INC., Protester, v. DEPARTMENT OF THE ARMY, Respondent, and EER CORPORATION, Intervenor. J. Patrick McMahon and Thomas K. David of McMahon & David, Vienna, VA, counsel for Protester. Vera Meza, Lt. Col. Ronald Heuer, and Rita Eady, Office of Counsel, Army Materiel Command, Alexandria, VA, counsel for Respondent. Paralee White, William F. Savarino, Laurel Hockey, and G. Brent Conner of Cohen & White, Washington, DC, counsel for Intervenor. GOODMAN, Board Judge. ORDER United International Engineering, Inc. (UIE) filed this protest against the Department of the Army, Army Materiel Command on March 29, 1995. The procurement at issue is a small disadvantaged business competitive procurement which is seeking Battlefield Automation Systems Engineering Support. UIE is protesting the award of the contract to EER Corporation, which has intervened as an intervenor-of-right. UIE contends that the contract award to EER Corporation is not reasonable and is not in compliance with the evaluation criteria contained in the RFP, thereby violating statute and regulation. On April 6, 1995, UIE filed a motion to withdraw its protest alleging that the subject procurement may be exempt under the Warner Amendment, 10 U.S.C. 2315 (1988), from Brooks Act jurisdiction, 40 U.S.C. 759(a) (1988). Respondent and intervenor have no objection to the dismissal of this protest. Accordingly, this protest is DISMISSED. Rule 28(a). The Board's order suspending respondent's delegation of procurement authority hereby lapses. ________________________ ALLAN H. GOODMAN Board Judge