In Vet4U, LLC v. Department of Veterans Affairs, the Civilian Board of Contract Appeals awarded costs and attorney fees to the small business contractor that won its appeal pursuant to the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504, after finding the government’s position was not substantially justified. The EAJA is a useful tool for small contractors who prevail against the government and were subjected to particularly difficult contracting circumstances.
As a reminder, the EAJA has five basic requirements that the applicant must meet in order to recover: (1) have been a prevailing party in a proceeding against the United States; (2) if a corporation, have had not more than $7,000,000 in net worth and five hundred employees at the time the adversary adjudication was initiated; (3) submit its application within thirty days of final disposition in the adjudication; (4) state the amount sought and include an itemized statement of costs and attorney fees; and (5) allege that the position of the agency was not substantially justified. See 5 U.S.C. § 504(a)(1), (b)(1)(B); Vet4U, LLC v. Department of Veteran Affairs, CBCA 6612-C (5387).
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