58867

Avant Assessment, LLC

July 12, 2016Judge McIlmail
Sustained / Appellant PrevailedEAJA / Attorney FeesSmall Business

Avant Assessment, LLC applied for attorney's fees under the Equal Access to Justice Act (EAJA) following a favorable ruling on a contract termination dispute. The Board determined that the government's position was not substantially justified.

Material Facts

  • Avant Assessment, LLC applied for fees under the EAJA after the Board granted summary judgment in its favor.
  • The Board converted the government's termination of the contract from one for cause to one for the convenience of the government.
  • Avant's fee application was timely filed within 120 days after the denial of the government's motion for reconsideration.
  • The government did not contend that there were special circumstances that would make an award unjust.
  • Avant's net worth did not exceed $7,000,000 at the time it filed ASBCA No. 58867.

Parties

Appellant
Avant Assessment, LLC
Respondent Agency
Department of the Army
Contract Number
W9124N-10-C-0109
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