DENIED: January 27, 2022
CBCA 7092-C(6682, 6765, 6767)
PRIME TECH CONSTRUCTION LLC,
Applicant,
v.
DEPARTMENT OF ENERGY,
Respondent.
Chizoma B. Onyems, President of Prime Tech Construction LLC, Auburn, CA,
appearing for Applicant.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
Thomas M. Cordova, Office of the General Counsel, Department of Energy, Lakewood, CO, counsel for Respondent.
Before Board Judges ZISCHKAU, SULLIVAN, and CHADWICK.
CHADWICK, Board Judge.
The applicant filed three appeals with the Board in which it obtained no relief. Prime Tech Construction LLC v. Department of Energy, CBCA 6682, et al. (Mar. 31, 2021), motion for reconsideration denied, 21-1 BCA ¶ 37,839, motion for full Board consideration denied (July 2, 2021), appeal dismissed for failure to prosecute, No. 21-2179 (Fed. Cir. Oct. 28, 2021). In April 2021, the applicant sought attorney fees and costs for the appeals under the Equal Access to Justice Act, 5 U.S.C. § 504 (2018). We deferred action on the application, which the applicant has “updated” several times, until “the time to seek appellate review of” our decisions “expired” and the application became timely. Board Rule 30(b) (48 CFR 6101.30(b) (2020)); see 5 U.S.C. § 504(a)(2).
We require no response from the respondent under Rule 30(d)(1). The application is meritless. The applicant was not the “prevailing party,” was not represented by an attorney, and did not proffer expert testimony. For these reasons, the applicant is not entitled to an award of fees or costs. See 5 U.S.C. § 504(a)(1), (2); Comter Systems, Inc. v. General Services Administration, CBCA 4878-C(3534), 16-1 BCA ¶ 36,283; Vehicle Maintenance Services v. General Services Administration, GSBCA 12942-C (11663), 95-1 BCA ¶ 27,513.
Decision
The application is DENIED.
Kyle Chadwick
Board Judge
We concur:
Jonathan D. Zischkau
Board Judge
Marian E. Sullivan
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Prime Tech Construction LLC, CBCA 7092-C(6682, 6765, 6767). Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.