GRANTED IN PART: October 28, 1993 GSBCA 12532-C(12420-P) INTEGRATED SYSTEMS GROUP, INC., Protester, v. DEPARTMENT OF COMMERCE, Respondent. Shelton H. Skolnick, Judy D. Leishman, and Amy M. Hall of Skolnick & Leishman, P.C., Derwood, MD, counsel for Protester. Jerry A. Walz and Kenneth A. Lechter, Office of the Assistant General Counsel for Finance and Litigation, Department of Commerce, Washington, DC, counsel for Respondent. Before Board Judges WILLIAMS, DeGRAFF, and GOODMAN. GOODMAN, Board Judge. This protest was filed by Integrated Systems Group, Inc. (ISG or protester) on May 7, 1993, alleging that respondent, the Department of Commerce (Commerce or respondent), improperly rejected ISG's bid for computer equipment to be supplied to the National Climatic Data Center, Asheville, North Carolina. After a hearing on the merits, we granted the protest in a decision dated July 16, 1993. Integrated Systems Group, Inc. v. Department of Commerce, GSBCA 12420-P, 1993 BPD 215 (July 16, 1993). Under Board Rule 35[foot #] 1 and 40 U.S.C. 759(f)(5)(C) (1988), the Board may award protest costs, including reasonable attorney fees, to an "appropriate interested party" when an agency has violated a statute, regulation, or the conditions of a delegation of procurement authority. An appropriate interested party has been defined as a "prevailing party" or "one that has succeeded on any significant issue in the ----------- FOOTNOTE BEGINS --------- [foot #] 1 48 CFR 6101.35 (1992). ----------- FOOTNOTE ENDS ----------- litigation that achieves some of the benefit it sought in bringing suit." Bedford Computer Corp., GSBCA 9837-C(9742-P), 89-2 BCA 21,827, at 109,811, 1989 BPD 121, at 3. ISG is an appropriate interested party entitled to recover its costs pursuant to Rule 35 and 40 U.S.C. 759(f)(5)(C) (1988). On August 9, 1993, protester filed its motion for payment of protest costs pursuant to Rule 35 in the amount of $3,260.25. This amount represents $2,475 for outside attorney fees, $297.25 for the cost of the transcript of the hearing on the merits, $120 for a corporate employee to review the protest, consult with counsel, and testify at the hearing (six hours at $20 per hour), and $368 for a corporate officer to file the protest, consult with counsel, and prepare the motion for costs (4.6 hours at $80 per hour). On October 20, 1993, protester and respondent filed a joint Request for Stipulated Judgment which reads as follows: The Department of Commerce ("Respondent") has agreed to pay $3,140.65 to Integrated Systems Group, Inc. ("Protester") for the Protester's protest costs in the above-captioned protest. Accordingly, both the Respondent and Protester request the Board to enter a judgment in favor of the Protester for the amount of $3,140.65. Thus, respondent has agreed to an award of costs of $3,140.65, which is $119.60 less than originally sought by ISG. While respondent has agreed to pay this amount, the full Board decision in Sterling Federal Systems, Inc. v. National Aeronautics and Space Administration, GSBCA 10000-C(9835-P), 92-3 BCA 25,118, 1992 BPD 141, precludes any award of costs incurred for corporate employees to work on a protest. See also, Integrated Systems Group, Inc. v. Department of the Navy, GSBCA 12236-C(12127-P), 93-2 BCA 25,718, 1993 BPD 25. We have independently examined the documentation filed by ISG in support of its motion and otherwise find its request for costs reasonable. Accordingly, we award $2,475 for outside attorney fees and $297.25 for the cost of the transcript, for a total of $2,772.25. Decision Protester's motion is GRANTED IN PART. Protester is awarded $2,772.25 to be paid, without interest, in accordance with statute, 31 U.S.C. 1304 (1988). 40 U.S.C. 759(f)(5)(C) (1988). ____________________ ALLAN H. GOODMAN Board Judge We concur: ___________________________ ___________________________ MARY ELLEN COSTER WILLIAMS MARTHA H. DeGRAFF Board Judge Board Judge