________________________________________________
 
            DISMISSED WITHOUT PREJUDICE:  November 10, 1992
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                             GSBCA 12115-P
 
                          CONTROL CORPORATION,
 
                                           Protester,
                                   v.
 
                        DEPARTMENT OF THE ARMY,
 
                                           Respondent.
 
 
        Jon  L. Frayne, President of Control Corporation, Osseo, MN,
   appearing for Protester.
 
        COL Riggs Wilks,  MAJ Charles R. Marvin, and  CAPT Sophia L.
   Rafatjah, Office of the Judge Advocate General, Department of the
   Army, Arlington, VA, counsel for Respondent.
 
 
                                 ORDER
 
        On  October 11,  1992, Control  Corporation  filed with  the
   Board  a  post-award   protest  involving  the   respondent,  the
   Department of the Army.  Protester alleges that it was the lowest
   qualified bidder  and it was  incorrectly rejected by  the agency
   because  of a  mistaken  interpretation  of  regulation,  48  CFR
   14.404-4 (1992).
 
        On November  5,  1992, the  parties  agreed to  a  dismissal
   without  prejudice to become a  dismissal with prejudice on March
   1,  1993,  unless  prior  to that  date  protester  timely  seeks
   reinstatement.
 
        Accordingly,  the protest  is  DISMISSED WITHOUT  PREJUDICE.
   Rule 28(a).
 
                                           _______________________
                                           JOSEPH A. VERGILIO
                                           Board Judge