DISMISSED WITHOUT PREJUDICE: February 10, 1993 GSBCA 12265-P PETER M. COONS, CO., Protester, v. LIBRARY OF CONGRESS, Respondent, and DATA MANAGEMENT ASSOCIATES, INCORPORATED, Intervenor. James J. McCullough and Anne B. Perry, of Fried, Frank, Harris, Shriver & Jacobson, Washington, DC, counsel for Protester. Robert A. Lincoln, Office of the Counsel, Library of Congress, Washington, DC, counsel for Respondent. Cyrus E. Phillips, IV, Robert B. Bowytz, and Kenneth D. Brody, of Keck, Mahin & Cate, Washington, DC, counsel for Intervenor. NEILL, Board Judge. ORDER This protest was filed with the Board on January 19, 1993, by Peter M. Coons, Co. (PMC). PMC protests the award of a contract by the Library of Congress for the maintenance and operation of an automated comprehensive mailing list system. Protester contends that the solicitation contained ambiguous specifications not apparent prior to the time for submission of proposals. Protester also challenges the accuracy of the evaluation of proposals and, in particular, complains regarding respondent's apparent objection to the use of a subcontractor. Finally, protester contends that the contracting officer erred in permitting PMC to submit a best and final offer after concluding the initial offer was technically insufficient. Data Management Associates, Incorporated, the awardee in this procurement, has intervened in this case as of right. On February 5, protester advised the Board that it was withdrawing its protest. Counsel for intervenor and counsel for respondent have both advised the Board by phone that they have no objection to the dismissal of this protest. Accordingly, pursuant to Rule 28(a), this protest is dismissed without prejudice. The dismissal shall become one with prejudice ten days from the date of this order unless, before the expiration of that period, one of the parties moves for the reinstatement of this case. The Board's order of January 25 suspending respondent's delegation of procurement authority, as applicable to the procurement which is the subject of this protest, lapses by its own terms. ____________________ EDWIN B. NEILL Board Judge