_____________________ GRANTED: May 16, 1995 _____________________ GSBCA 13261-P DIMENSIONS INTERNATIONAL, INCORPORATED, Protester, v. DEPARTMENT OF THE ARMY, Respondent. Cyrus E. Phillips, IV, and Christopher M. Johnson of Kilcullen, Wilson and Kilcullen, Washington, DC, counsel for Protester. Craig E. Hodge and LTC Ronald K. Heuer, U.S. Army Materiel Command, Alexandria, VA; and David H. Scott, U.S. Army Test & Evaluation Command, Aberdeen Proving Ground, MD, counsel for Respondent. Before Board Judges DANIELS (Chairman), VERGILIO, and GOODMAN. VERGILIO, Board Judge. On May 3, 1995, Dimensions International, Incorporated filed this pre-award protest challenging actions of the respondent, the Department of the Army, U.S. Army Materiel Command. The protester raises two grounds of protest. First, it asserts that the agency has failed to obtain a specific delegation of procurement authority from the General Services Administration (GSA), such that the agency may not proceed with the procurement. In support, the protester references regulation (the Federal Information Resources Management Regulation), 41 CFR 201-20.305-3 (1994), and case law, CACI, Inc. v. Stone, 990 F.2d 1233, 1237 (Fed. Cir. 1993). Second, the protester maintains that in removing its proposal from the competitive range the contracting officer's actions were arbitrary, capricious, and without a basis in fact or in law. The protester maintains that the removal from the competitive range was contrary to the terms of the solicitation and violated regulations (the Federal Acquisition Regulation), 48 CFR 15.610(c)(3) and (5) (1994). On May 15, the parties submitted a stipulation for settlement which provides, in part: 1. The Respondent agrees that it will reinstate the Protester's proposal to the competitive range. Although the Respondent finds the proposal technically unacceptable, it is capable of being made acceptable after discussions and an opportunity to submit a revised competitive proposal; 2. The Respondent will replace two of the three members from the existing team of evaluators, reconstituting the team to evaluate the Protester's revised competitive proposal. 3. The Parties agree to granting protest GSBCA 13261-P. 4. The Respondent will not oppose an award to the Protester of its fees and costs relating to this protest. WHEREFORE, the Respondent and the Protester respectfully move that this protest be granted pursuant to the foregoing terms and agreement. Decision The terms of the stipulation contain an admission by the agency that it improperly eliminated the protester from the competitive range. Thus, the Board GRANTS count two of the protest. Neither party seeks to pursue count one of the protest. The Board, not the parties, is entrusted with fashioning the relief (revising, revoking, or suspending the applicable procurement authority) in a protest in which the Board finds that a challenged agency action violates statute, regulation, or the conditions of a delegation of procurement authority. 40 U.S.C. 759(f)(5)(B) (1988). The relief proposed by the parties is adopted by the Board. Should the dollar value of the automatic data processing (ADP) resources (or federal information processing resources) exceed the limits of the applicable blanket delegation of procurement authority, the agency is required to obtain the necessary authority from GSA, so as to proceed in accordance with statute and regulation. The previously entered suspension of applicable procurement authority lapses by its terms. 40 U.S.C. 759(f)(2) (1988); Order (May 10, 1995). ________________________ JOSEPH A. VERGILIO Board Judge We concur: ____________________________ ___________________________ STEPHEN M. DANIELS ALLAN H. GOODMAN Board Judge Board Judge