59632

Military Aircraft Parts

February 25, 2015Judge O'Sullivan
Denied / Government PrevailedEAJA / Attorney Fees

Military Aircraft Parts filed an application for expenses under the Equal Access to Justice Act (EAJA) following a settlement with the government. The Board denied the application, ruling that MAP did not qualify as a 'prevailing party.'

Material Facts

  • MAP filed its notice of appeal and complaint on 15 October 2014.
  • The appeal was taken from the contracting officer's deemed denial of MAP's 20 May 2014 claim for $76,150.
  • The claim arose from a dispute over whether MAP had submitted a conforming first article under Contract No. SPM4A7-10-M-8108.
  • The amount requested in MAP's claim consisted of $75,000 for first article testing and $1,150 in independent laboratory retesting costs.
  • MAP alleged that the government made two errors in rejecting its first article.
  • On 25 November 2014, the Board dismissed MAP's appeal with prejudice based on the parties' settlement.
  • On 25 December 2014, MAP transmitted an application for an EAJA award in the amount of $267.41.

Parties

Appellant
Military Aircraft Parts
Contract Number
SPM4A7-10-M-8108
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