About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-240823 1 (1991-03-19)

handle is hein.gao/gaobadnvu0001 and id is 1 raw text is: 03~( United States General Accounting Office Washington, D.C. 20548 Office of the General Counsel Matter of: Margaret Howard d/b/a/ River City Van & Storage File: B-240823 Date: M.arch 19, 1991 DECISION The Military Traffic Management Command requests an advance decision on the propriety of paying attorneys fees and expenses awarded by the Armed Services Board of Contract Appeals (ASBCA) under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504. The award was made to Margaret Howard d/b/a/ River City Van & Storage in connection with a Contract Disputes Act appeal in which the company was successful. The firm prevailed before the ASBCA in its appeal of a contracting officer's decision finding it liable for fire damage to household goods stored at the company's warehouse and for attendant cleanup costs.l/ It is the Army's position that notwithstanding the ASBCA's award, the attorneys fees and expenses were actually incurred by the company's insurance carrier, a large corporation that is not entitled to the benefits of EAJA. We decline to consider.this matter. Our Office does not have authority to review final decisions of a Board of Contract Appeals which have been rendered under a contract Disputes clause. See'S&E Contractors, Inc. v. United States, 406 U.S. 1 (1972). Thus, we will not consider matters that are properly the subject of a Disputes clause proceeding. See Optimum Systems, Inc., B-194984, B-195424, Dec. 7, 1979, 79-2 CPD S 396. Robert H. Hunter Associate General Counsel 1/ See Margaret Howard d/b/a/ River City Van & Storage, 87-2 BCA 19,691. ~ S V531

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most