63449-EAJA

CB Portable Toilet Rental and Services

March 10, 2026Judge Melnick
Denied / Government PrevailedEAJA / Attorney FeesCDA Jurisdiction

CB Portable Toilet Rental and Services sought to recover fees under the Equal Access to Justice Act after its appeal was sustained. The Board denied the application due to lack of jurisdiction and failure to demonstrate prevailing party status.

Material Facts

  • The Navy awarded Contract No. N00189-22-P-0368 to CB Portable for portable toilet services at Camp LeJeune.
  • CB Portable submitted a certified claim seeking compensation for alleged costs totaling $398,678.05.
  • The contracting officer denied CB Portable's claim, leading to an appeal to the Board.
  • The Board sustained the appeal and awarded CB Portable $16,150 plus interest.
  • Mr. Onyems submitted an EAJA application seeking $361,975.37 for litigation fees.

Parties

Appellant
CB Portable Toilet Rental and Services
Respondent Agency
Department of the Navy
Contracting Agency
Department of the Navy
Contract Number
Contract No. N00189-22-P-0368
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