________________________________________________ DISMISSED WITHOUT PREJUDICE: October 15, 1992 ________________________________________________ GSBCA 12064-P INFORMATION SYSTEMS AND NETWORKS CORPORATION, Protester, v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, Respondent, and SYSCON CORPORATION, Intervenor. William A. Roberts, III and Lee Curtis of Howrey and Simon, Washington, DC, counsel for Protester. Christopher M. Runkel and Luis A. Vidal, Legal Services Staff (NXL), National Archives and Records Administration, Washington, DC, counsel for Respondent. Arthur M. Rayman, Contracts Manager, Syscon Corporation, Washington, DC, appearing for Intervenor. HYATT, Board Judge. ORDER OF DISMISSAL Information Systems & Networks Corporation (ISN) filed this protest concerning a procurement by the National Archives and Records Administration (NARA) for the acquisition of automatic data processing equipment (ADPE) and services on October 1, 1992. Two other protests involving this procurement had previously been filed by HFS Inc., on September 11, 1992, and Lockheed Sanders Inc., on September 18, 1992. After several telephone conferences were convened to discuss the matter it was determined that the ISN protest would not be consolidated with the other two. ISN and NARA have now filed with the Board a joint motion to dismiss without prejudice and a settlement agreement. The agreement provides in pertinent part: The parties agree to dismiss the ISN protest without prejudice to the right of ISN to reinstate its protest after a decision by the Board in the protests of HFS, Inc. and Lockheed Sanders, Inc. Upon execution of this agreement, the parties will jointly move the Board to achieve this result. In the event that the protest of either HFS or Lockheed is sustained and NARA (1) amends the solicitation requirements, (2) amends the evaluation criteria, and/or (3) requests a further round of best and final offers, NARA agrees to permit ISN to participate in the procurement as reopened and submit a best and final offer. In the event that the protests of HFS and Lockheed are denied or dismissed or the procurement is not reopened as described in paragraph 2, ISN will have the right within three working days of receiving a copy of the decision to reinstate its protest in its present form and continue the protest process to a decision on its merits. If ISN reinstates its protest: (1) NARA will not be subject to a suspension of performance under the Syscon contract and (2) NARA limits its right to contest the timeliness of the ISN protest to the timeliness of the protest as originally filed on October 1, 1992. Nothing in this Agreement waives the right of any party to allege the collateral estoppel effect of decisions in the HFS and Lockheed protests. Decision Accordingly, this protest is DISMISSED WITHOUT PREJUDICE. This dismissal shall convert to one with prejudice unless the protest is reinstated by either party within three working days after ISN receives a copy of the Board's decision or decisions in the protests of HFS and Lockheed. Rule 28(a). ___________________________ CATHERINE B. HYATT Board Judge