DISMISSED WITHOUT PREJUDICE: August 11, 1995 GSBCA 13361-P FEDERAL COMPUTER CORPORATION, Protester, v. DEFENSE INFORMATION SYSTEMS AGENCY and GENERAL SERVICES ADMINISTRATION, Respondents, and MLC GROUP, INC., Intervenor. David S. Kovach of Federal Computer Corporation, Falls Church, VA, counsel for Protester. M. Susan Chadick, Office of General Counsel, Defense Information Systems Agency, Arlington, VA; and Clifton M. Hasegawa and Major Patricia Freeman-Ford, Scott Air Force Base, IL, counsel for Respondent Defense Information Systems Agency. George Barclay and Pamela Reiner, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent General Services Administration. Michael E. Geltner of Geltner & Associates, Washington, DC, counsel for Intervenor. GOODMAN, Board Judge. ORDER On August 3, 1995, Federal Computer Corporation (FCC) filed this protest against the award of a General Services Administration (GSA) schedule contract to MLC Group (MLC) by the Defense Information Systems Agency for the procurement of automatic data processing equipment. FCC is alleging in its protest that as of the award date, MLC had no valid GSA schedule contract for the items being procured, thereby violating statute and regulation, that MLC was allowed to modify the schedule contract that it did have within the final three months of the contract cycle to include the items being procured, thereby violating Section G.1.B. of the GSA Award Document, and that by allowing MLC to add the products being procured to their GSA schedule contract during the final three months of the contract cycle, other GSA schedule contract holders were prejudiced. MLC has intervened in this protest as an intervenor of right. On August 10, 1995, protester and respondent filed a Motion to Dismiss/Settlement Agreement with the Board which states, in pertinent part: The parties request that this protest be dismissed without prejudice, to be automatically converted to a dismissal with prejudice unless reinstated with [sic] ten (10) working days of the date of the order of dismissal. Each party agrees to waive and/or forego any claim for costs, including attorney fees and interest authorized by Board Rule or Statute. Accordingly, pursuant to the Motion to Dismiss and Rule 28(a), this protest is DISMISSED WITHOUT PREJUDICE. This dismissal will convert to one with prejudice ten working days from the date of this order unless either party moves for reinstatement prior to the expiration of the ten-day period. ______________________ ALLAN H. GOODMAN Board Judge