___________________________________________ MOTION FOR COSTS GRANTED: October 18, 1993 ___________________________________________ GSBCA 12515-C(12455-P) COMPUTER DATA SYSTEMS, INC., Protester, v. GENERAL SERVICES ADMINISTRATION, Respondent. Marcia G. Madsen, Thomas F. Williamson, Brian W. Craver, and David F. Dowd of Morgan, Lewis & Bockius, Washington, DC; and Mary Ann Mayhew and Charles B. Machion of Computer Data Systems, Inc., Rockville, MD, counsel for Protester. Seth Binstock, Pamela J. Reiner, and Tenley A. Carp, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges PARKER, HENDLEY, and HYATT. PARKER, Board Judge. On June 11, 1993, Computer Data Systems, Inc. (CDSI), protested the award of a contract to OAO Corporation (OAO) by the General Services Administration (GSA) for automatic data processing support services. CBIS Federal Inc. also filed a protest of the award and the Board consolidated the two protests. A short time later, CTA Inc. and ARC Professional Services Group, Inc., intervened on the side of the protesters. On July 17, 1993, GSA terminated the contract with OAO for convenience as a result of GSA's admitted violations of law. By order dated June 28, 1993, the Board dismissed the consolidated protests pursuant to a stipulation agreement filed by the parties. Computer Data Systems, Inc. v. General Services Administration, GSBCA 12455-P et al., 1993 BPD 179 (June 30, 1993). The Joint Stipulation of Dismissal provided in part: The Parties jointly stipulate that GSA evaluated the offers in a manner inconsistent with the evaluation criteria during the competition for the Contract and that this constitutes a violation of the Competition in Contracting Act. In addition, GSA stipulates that it (i) failed to conduct meaningful discussions with the offerors during the competition for the Contract; and (ii) provided information which reasonably led offerors to believe that if changes were made in their rates for skill categories included in the requirement, that such changes would improve the offeror's chances for award, while in actuality, the offeror's chances for award were negatively affected as a result of making such changes. The parties also agreed in the stipulation that the protesters and intervenors were prevailing parties and that protest costs should be awarded. CDSI now moves the Board to award those costs. Under Rule 35 and 40 U.S.C. 759(f)(5)(C) (1988), the Board may award protest costs, including reasonable attorney's fees, to an "appropriate interested party" when an agency has violated a statute, regulation, or the conditions of a delegation of procurement authority. An appropriate interested party has been defined as a "prevailing party" or "one that has succeeded on any significant issue in the litigation that achieves some of the benefit it sought in bringing suit." Bedford Computer Corp., GSBCA 9837-C(9742-P), 89-2 BCA 21,827, at 109,811, 1989 BPD 121, at 3. On July 30, 1993, CDSI moved for protest costs in the amount of $34,963.26. On September 12, 1993, CDSI filed a supplement to its motion which raised the total amount to $39,526.28. Of the total amount claimed, $39,013.57 represents attorney fees and $512.71 represents other expenses. We agree that CDSI is an appropriate interested party entitled to recover its costs pursuant to Rule 35 and 40 U.S.C. 759(f)(5)(C) (1988). Respondent does not dispute the reasonableness of protester's costs. We have examined the itemized expenses and find them to be reasonable and well documented as attorney fees and taxable costs. Decision Protester's motion is GRANTED. Protester is awarded $39,526.28, to be paid in accordance with statute, 31 U.S.C. 1304 (1988). ______________________ ROBERT W. PARKER Board Judge We concur: ______________________ JAMES W. HENDLEY Board Judge ______________________ CATHERINE B. HYATT Board Judge