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B-225439.5 1 (1987-07-29)

handle is hein.gao/gaobadmtw0001 and id is 1 raw text is: 


    o       The Comptroller General
Kof the United States
            Washington, D.C. 20548
            Decision




            Matterof-    Interface Flooring Systems, Inc.--Claim
                             for Attorneys' Fees
            File:        B-225439.5

            Date:        Jul4 22 ,987


            DIGEST

            1. Where protest involving challenges on distinct grounds
            to two specifications in request for proposal calling for
            award by line item of separate indefinite quantity contracts
            is denied in part and sustained in part, protester is
            entitled to recover protest costs only for the issue on
            which it prevailed, as well as its defense of contracting
            agency's general timeliness challenge to the protest, since
            the issues raised in the protest in effect constituted two
            separate protests. Protester is not entitled to recover its
            protest costs for the issue on which the protest was denied,
            nor for another issue concerning a third distinct line item
            which protester withdrew as a basis for protest after the
            contracting agency decided not to carry out the action the
            protester had challenged.

            2. Provision in Equal Access to Justice Act limiting
            attorneys' fees to $75/hour does not apply to recovery of
            attorneys' fees under Competition in Contracting Act, which
            requires only that the fees recovered be reasonable. To be
            reasonable, attorneys' fees must reflect the attorneys'
            customary hourly rates and must be in line with prevailing
            rates for similar services.

            DECISION

            Interface Flooring Systems, Inc. requests that our Office
            direct the General Services Administration (GSA) to reim-
            burse Interface in full for its attorneys' fees incurred in
            connection with its protest challenging as defective certain
            specifications in request for proposals (RFP) No. FCNH-F8-
            1887-N-7-22-86, issued by GSA for various types of floor
            coverings. We denied the protest in part, rejecting
            Interface's challenge to the specification for vinyl hard-
            back carpet tiles, and sustained it in part, finding that
            the specification for antimicrobial carpet tile was

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