GRANTED: June 27, 1995 GSBCA 13065-C(12981-P) COMPGRAPH, INC., Applicant, v. DEPARTMENT OF THE TREASURY, Respondent. Paralee White and William F. Savarino of Cohen & White, Washington, DC, counsel for Applicant. Donald M. Suica and Lori R. Larson, General Legal Services, Office of Chief Counsel, Internal Revenue Service, Washington, DC, counsel for Respondent. Before Board Judges DANIELS (Chairman), NEILL, and GOODMAN. DANIELS, Board Judge. Compgraph, Inc., protested the Internal Revenue Service's conduct of a procurement for the supply of portable printers. The agency admitted that it had violated laws in ways alleged, agreed to terminate and/or withdraw its intended award, and stipulated that it would allow Compgraph to submit a proposal in any competitive procurement for the printers. Compgraph thereupon withdrew its protest. Compgraph, Inc. v. Department of the Treasury, GSBCA 12981-P, 1994 BPD 232 (Oct. 20, 1994). Compgraph then timely filed an application for an award of the costs it incurred in filing and pursuing the protest -- $26,495.78, including $26,186.25 in attorney fees and $309.53 in disbursements made by counsel for reproduction, facsimile transmission, and courier delivery of documents; postage; and long-distance telephone calls. Compgraph submitted with its application detailed documentation of the costs it claimed. The agency sought discovery of additional documentation, which the Board authorized. Following its review of the additional documentation, the agency stated that it has no objection to the Board awarding to Compgraph reimbursement of all requested costs. Discussion Whenever the Board "determines that a challenged agency action violates a statute or regulation or the conditions of any delegation of procurement authority [regarding automatic data processing equipment]," it may "further declare an appropriate interested party to be entitled to the costs of filing and pursuing the protest, including reasonable attorney's fees." 40 U.S.C. 759(f)(5)(B), (C) (1988).[foot #] 1 The Board finds, based on an agency admission, that Compgraph's protest led to the demonstration that laws were violated in the conduct of the subject procurement. Compgraph secured the benefit it sought in bringing the case. Thus, Compgraph is an appropriate interested party to be awarded its protest costs. Applied Technology Associates, Inc. v. Department of Justice, GSBCA 12898-C(12840-P), 1995 BPD 83 (Apr. 5, 1995) (citing IMS Services, Inc. v. Department of the Navy, GSBCA 12922-C(12830-P), 94-3 BCA 27,271, 1994 BPD 204); Bedford Computer Corp., GSBCA 9837-C(9742-P), 89-2 BCA 21,827, at 109,811, 1989 BPD 121, at 3. We are convinced, as is the agency, that the costs Compgraph claims are reasonable and well documented, and were necessary to the successful pursuit of the protest. An award of the entire amount requested is appropriate. Decision We GRANT Compgraph's application and award to this firm the reasonable, necessary, and documented costs of pursuing its protest, $26,495.78. This sum shall be paid, without interest, from the permanent indefinite judgment fund, 31 U.S.C. 1304 (1988). 40 U.S.C. 759(f)(5)(C) (1988). _________________________ STEPHEN M. DANIELS Board Judge ----------- FOOTNOTE BEGINS --------- [foot #] 1 This statute was amended by the Federal Acquisition Streamlining Act of 1994, Pub. L. No. 103-355, 1435, 108 Stat. 3243, 3293 (1994). The earlier version of the statute applies, however, to all cost applications (including this one) where the underlying protest was filed prior to May 5, 1995. 60 Fed. Reg. 17023, 17023-24 (1995). ----------- FOOTNOTE ENDS ----------- We concur: _________________________ _________________________ EDWIN B. NEILL ALLAN H. GOODMAN Board Judge Board Judge