63595-EAJA

Michael M. Tsontos, S.A.

July 11, 2025Judge Taylor
Denied / Government PrevailedEAJA / Attorney FeesCPARS / Past-Performance Evaluation

Michael M. Tsontos, S.A. sought fees and costs under the Equal Access to Justice Act after prevailing on an appeal regarding the issuance of Contractor Performance Assessment Reports. The Board denied the application, finding the government's position was substantially justified.

Material Facts

  • Michael M. Tsontos, S.A. sought fees and costs under the Equal Access to Justice Act (EAJA).
  • The USACE issued task orders to Tsontos Greece for construction projects in Romania.
  • Tsontos Greece established a branch office in Romania to qualify for a tax exemption.
  • The government issued Contractor Performance Assessment Reports (CPARs) listing Tsontos Greece as the vendor.
  • The Board granted the appellant’s motion for summary judgment regarding the issuance of CPARs.

Parties

Appellant
Michael M. Tsontos, S.A.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912GB-17-D-0015
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