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B-205960.2 1 (1982-12-27)

handle is hein.gao/gaobadkul0001 and id is 1 raw text is: THE CCMPTRCLLER GENERAL 1 ID CECSIN'43M C P THE UNITED UTATEB WASHINGTON, 00 00 20540 FILE: B-205960.2 DATE: December 27, 1982 MATTER OF: Cherokee Leathergoods, Inc. 1IGEST: The Equal Access to Justice Act does not authorize recovery of attorney's fees and costs Incurred by a protester in pursuing a bid protest at GAO. Cherokee Leathergoods, Inc. requests that it be reim- bursed for attorney's tees and costs it incurred pursuing a protest which we sustained in Cherokee Leatherqoods, Inc., B-205960, August 13, 1982, 82-2 CPD 129, In that dec -on, we held that the United States Secret Service should have rejected a bid accompanied by a bid sample which did not meet the advertised specifications, and that the agency should have made bid samples available for public inspec- tion at hid opening. Cherokee contentis that under section 201 of the Equal Access to Justice Act, 5 U.S.C9 S 504 (Supp. IV 1980), it is entitled to reimbursement of the costs incurred in successfully pursuing the protest. The Act authorizes the award of attornoy's fees and other costs to certain parties who prevail against the United States in adversary adjudication conducted by Federal agencies. Tle Act defines an adversary adjudica- tion as a proceeding under the Administrative Procedure Act (APA), 5 U.S.C. S 554 (1976 and Supp IV (1980)), in which the pnsition of the United States is represented by counsel or otherwise. Our bid protest proceedings are not governed by the APA since that law does not apply to legislative branch agencies such as our Office, See 5 U.S.C. S 551(1)(A). Moreover, in rendering bid proteost decisions, our Office is not engaging in an adjudication as contemplated by the APA. See Do!aman Electric Supplyjo., Inc., 13-196924, lay 20, 19T- T6-i-i'PD-1 .i.. Accordingly, there is no athority under the Equal Access to Justice Act to allow recovery of attorney's fees and costs incurred in pursuing a bid protest before this Office. See Ex.Cell Fiber S upAXI Inc., B-207028, Decem- ber 14, 1982, 82-2 CPD . The claim is denied. Comptrol er of the United States

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