______________________________________________ DISMISSED WITHOUT PREJUDICE: October 14, 1993 _______________________________________________ GSBCA 12623-P RMTC SYSTEMS, INC., Protester, v. DEPARTMENT OF THE ARMY, Respondent. Jeff Stollman, President of RMTC Systems, Inc., Boulder, CO, appearing for Protester. Craig R. Schmauder and William A. Richards, Office of the Chief Counsel, Corps of Engineers, Department of the Army, Washington, DC, counsel for Respondent. PARKER, Board Judge. ORDER The Board received this protest filed by RMTC Systems, Inc., on October 5, 1993, concerning a solicitation issued by the Department of the Army for automatic data processing equipment. On October 12, the Board received protester's motion to dismiss this protest without prejudice, which provided as follows: Protestor, RMTC Systems, Inc. (RMTC) moves this Board to dismiss its protest without prejudice. This motion is predicated on the following information provided to RMTC on 10-06-93 in a phone conversation with the Contracting Officer: 1. The Army acknowledges its error in falsely alleging that RMTC was a debarred contractor. 2. The Army has already Terminated the current contract award. 3. The Army will proceed to evaluate RMTC's responsibility as a prerequisite for making an award to RMTC. Wherefore, RMTC respectfully requests that this Board grant this motion without prejudice. Respondent had no objection to the dismissal. This protest is DISMISSED WITHOUT PREJUDICE. Rule 28(a). The dismissal shall become with prejudice on November 30, 1993, unless it is refiled prior to that date. __________________________ ROBERT W. PARKER Board Judge