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B-207028 1 (1982-12-14)

handle is hein.gao/gaobadkue0001 and id is 1 raw text is: Iii THE COMPTI bLLE GENEflAL DECISION .tfl4 , OF THI UNITED STATUIS WASHINGTON Di(3c 2 D$4 El FILE: B-207028 DATE:Deccber 14, 1982 MATTER OF: Ex-Cell Fiber Supply, Inc. t DIGEST: Recovery under the Equal Access to Justice Act of attorney's fees and costs incurred in pursuing a bid protest at GAO is not allowed because GAO is not subject to the Adminis- trative Procedure Act (APA) and in order to recover under Equal Access to Justice Act claimant must have prevailed in an adversary adjudication under the APA. Ex-Cell Fiber Supply, Inc. requests that the Government Printing Office (GPO) or our Office reim- burse it for attorney's fees and costs incurred in pursuing a bid protest filed with our Office. Ex-Cell filed its protest on April 8, 1982, contending that GPO improperly determined that it was nonresponsible and refused to award it a contract under GPO Waste Paper Sale ',o. 32. GPO subsequently reversed its determination of nonresponsibility and awarded the contract to Ex-Cell. Ex-Cell then withdrew its protest. Ex-Cell contends that under section 203(a)(l) of the Equal Access to Justice Act, 5 U.S.C. § 504 (Supp. IV 1980), it is entitled to reimbursement of the costs incurred in pursuing the protest. The Act authorizes the award of attorney's fees and other costs to certain parties who prevail against the United States in adversary adjudications conducted by Federal agencies. Eligible prevailing parties are entitled to awards of fees and expenses, unless the presiding officer or judge finds that the position of the United States was substantially justified or that special circumstances make an award unjust. Eligible parties include sole owners of an unincorporated business, or partnerships, corporations, associa- tions, or organizations with a net worth of no more than $5 million and which employ no more than 500 persons.

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