__________________________________ GRANTED IN PART: January 17, 1995 __________________________________ GSBCA 13094-C(13003-P) HSQ TECHNOLOGY, INC., Protester, v. DEPARTMENT OF THE ARMY, Respondent. Donald O. Pratt and Paul H. Sanderford of Canterbury, Stuber, Pratt, Elder & Gooch, Dallas, TX, counsel for Protester. Craig R. Schmauder and Scott M. McCaleb, Office of the Chief Counsel, U.S. Army Corps of Engineers, Department of the Army, Washington, DC; Larry E. Beall, Office of Counsel, U.S. Army Corps of Engineers, Department of the Army, Mobile, AL, counsel for Respondent. Before Board Judges PARKER, DEVINE, and DeGRAFF. DeGRAFF, Board Judge. Pursuant to Rule 35, HSQ Technology, Inc. (HSQ) filed a timely application for the award of the attorney fees, costs, and consultant's fees that it incurred in connection with this protest. The application for attorney fees and costs is granted in the amount of $26,500. The Board and the parties agreed that the application for consultant's fees will be addressed in a later decision. On October 5, 1994, HSQ filed this protest concerning the award made by the United States Army Corps of Engineers pursuant to solicitation DACA01-94-R-0127 for the installation of a utility control system at the Irwin Army Community Hospital, Fort Riley, Kansas. On November 3, 1994, the parties filed a Stipulation and Agreement settling the protest and requesting that the protest be dismissed. The parties' stipulation states that there were improprieties in the evaluation process, that the Army agreed to take corrective action, and that HSQ was a prevailing interested party. The Board dismissed the protest on November 3, 1994. On December 1, 1994, HSQ filed an application for the award of $23,218 for attorney fees and $4,649 for costs (travel, deposition transcripts, telephone, telefax, photocopies, and computerized research) that it incurred in pursuing this protest. On December 21, 1994, the parties stipulated that $26,500 is a reasonable amount of attorney fees and costs. HSQ submitted appropriate documentation justifying the time expended by its attorneys and the costs incurred. Decision Pursuant to 40 U.S.C. 759(f)(5)(C) (1988), HSQ is awarded $26,500 for the attorney fees and costs that it incurred in pursuing this protest. This award is to be paid, without interest, from the permanent indefinite judgment fund, 31 U.S.C. 1304 (1988). The application for consultant's fees will be addressed in a later decision. ______________________________ MARTHA H. DeGRAFF Board Judge We concur: ____________________________ _______________________________ ROBERT W. PARKER DONALD W. DEVINE Board Judge Board Judge