DISMISSED: June 1, 1995 GSBCA 13249-P COMPULINE INTERNATIONAL, INC., Protester, v. GENERAL SERVICES ADMINISTRATION, Respondent. Gadema K. Quoquoi, President of Compuline International, Inc., Staten Island, NY, appearing for Protester. Jody Burton and Seth Binstock, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. GOODMAN, Board Judge. ORDER On November 11, 1994, respondent, the General Services Administration (GSA), issued a solicitation for proposals for general purpose commercial automatic data processing equipment and services. The solicitation was for multiple award schedule contracts. Protester, Compuline International, Inc. (Compuline), submitted an offer for various pieces of hardware and software under the solicitation on December 13, 1994. The closing date for receipt of proposals was December 14, 1994. On numerous occasions during the month of March 1995, respondent notified protester that, as required by the solicitation, it needed to submit GSA Form 527 regarding information relating to Compuline's financial responsibility to perform the contract. On April 4, 1995, respondent closed Compuline's case for nonresponse, and on April 25, 1995, Compuline filed this protest with the Board. Protester alleges that respondent violated statute and regulation by not awarding a schedule contract to Compuline. On May 10, 1995, respondent filed a motion for summary relief and/or motion to dismiss with prejudice. On May 17, the Board convened the parties in a conference to discuss respondent's motion. The Board concluded that the case could not be resolved on summary relief or based on the current record because an issue of material fact remained in dispute. The record contained no explanation as to why the contracting officer had not referred the matter to the Small Business Administration (SBA) pursuant to Federal Acquisition Regulations 9.104-3(e) and 19.602-1(a)(2). The parties were directed to discuss the possibility of proceeding with the referral of the matter to the SBA and provide the Board with a status report by noon on May 18, 1995. Protester advised the Board on May 18 that Compuline was going to proceed to cooperate with GSA in the continuation of the procurement and would withdraw its protest by 5:00 p.m. that afternoon. Protester did not withdraw its protest. On May 23, the Board convened another conference and again directed protester to inform the Board in writing of its intentions by the next day. On May 30, protester still had not withdrawn its protest. The Board then issued an order directing protester to show cause by noon on Wednesday, May 31, 1995, why this protest should not be dismissed for failure to prosecute. At 11:50 a.m. on May 31, protester filed a notice of withdrawal of its protest. Respondent poses no objection. Accordingly, pursuant to Rule 28(a), this protest is DISMISSED. ________________________ ALLAN H. GOODMAN Board Judge