_________________________________________________________
 
 
               DISMISSED WITH PREJUDICE:  August 26, 1992
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                             GSBCA 11972-P
 
                      BERRY COMPUTER INCORPORATED,
 
                                                Protester,
 
                                   v.
 
                        DEPARTMENT OF THE NAVY,
 
                                                Respondent.
 
        Ned  W. Livornese  of  Colorado  Springs,  CO,  counsel  for
   Protester.
 
        Gary  W.  Lunter,  Office  of  Counsel,  Naval  Construction
   Battalion  Center,  Naval  Facilities  Engineering Command,  Port
   Hueneme, CA, counsel for Respondent.
 
   PARKER, Board Judge.
 
                                 ORDER
 
        On August 13, 1992, the Board docketed this protest filed by
   Berry  Computer Incorporated protesting  the award of  a contract
   issued  by the  Department of  the  Navy for  the acquisition  of
   general purpose automatic data processing equipment.
 
        On August  18, 1992, the  Board received from the  parties a
   joint motion for dismissal, with prejudice, that provided:
 
             Respondent, Department of the Navy, and protester,
             Berry  Computer  Incorporated, pursuant  to  Board
             Rule  28(a), hereby  stipulate  and agree  to  the
             following  with  regard   to  the  above-captioned
             protest:
 
             1.   The  Navy admits  that  its  conduct  of  the
             protested procurement violated  the Competition in
             Contracting  Act of 1984,  10 U.S.C. sec.  2304 et
             seq.,  since not all offerors were notified of the
             Navy's  exact  requirements in  this  procurement.
 
             The  Navy shall  grant  the  relief  requested  in
             Berry's  protest  complaint, i.e.,  to  cancel the
             existing   purchase   order  and   resolicit   its
             requirements on a competitive basis.
 
             2.   By  separate  motion  to  the  Board,   Berry
             Computer Inc.  shall request reimbursement  of its
             attorneys' fees and costs related to this protest.
 
             3.   The  Navy and  Berry  agree  that this  Joint
             Motion for Dismissal, With Prejudice, as well as a
             separate  Settlement  Agreement  executed  by  the
             parties,  resolve  all   issues  raised  by  GSBCA
             protest No. #11972-P.   The Navy and  Berry hereby
             move  the  Board  to  dismiss  the  Protest,  with
             prejudice.
 
        In accordance  with the request by the parties, this protest
   is DISMISSED WITH PREJUDICE.  Board Rule 28(a).
 
                                      ______________________________
                                      ROBERT W. PARKER
                                      Board Judge