____________________________________________ GRANTED: April 3, 1995 ____________________________________________ GSBCA 13196-C(12928-P) COMPUTER DATA SYSTEMS, INC., Protester, v. GENERAL SERVICES ADMINISTRATION, Respondent, Marcia G. Madsen, Brian W. Craver, and David F. Dowd of Morgan, Lewis & Bockius, Washington, DC; and Charles B. Machion and Peter A. Fish of Computer Data Systems, Inc., Rockville, MD, counsel for Protester. Wendy Nevett Bazil, Personal Property Division, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges DANIELS (Chairman), PARKER, and DEVINE. PARKER, Board Judge. Computer Data Systems, Inc. (CDSI) moves for award of its costs of filing and pursuing a successful protest against the General Services Administration (GSA). In CBIS Federal, Inc. v. General Services Administration, GSBCA 12925-P, et al., 95-1 BCA 27,352, 1994 BPD 234, the Board granted the consolidated protests of CBIS and CDSI, holding that GSA had committed violations of statute and regulation in awarding a contract for automatic data processing support services. CDSI requests reimbursement of costs totaling $166,319.30. This amount consists of outside counsel fees of $118,068, expenses totaling $36,606.16 (which includes expert witness fees of $12,534), in-house legal costs of $11,202.07, and other direct costs totaling $472.07.[foot #] 1 GSA has informed the ----------- FOOTNOTE BEGINS --------- [foot #] 1 CDSI did not request reimbursement of the costs of in-house, non-attorney personnel who worked on the protest. ----------- FOOTNOTE ENDS ----------- Board that it considers the claimed amounts to be reasonable and that it does not contest CDSI's motion. Discussion The Brooks Act provides that when the Board determines that an agency has violated a statute, regulation, or the conditions of a delegation of procurement authority, the Board may grant an "appropriate interested party" its costs of filing and pursuing the protest, including reasonable attorney fees. 40 U.S.C. 759(f)(5)(C) (1988). An appropriate interested party has been defined as a "prevailing party" or "one that has succeeded on any significant issue in the 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. The statute implies that the costs and fees sought to be reimbursable must be reasonable. United States v. Compusearch Software Systems, 936 F.2d 564, 566 (Fed. Cir. 1991). CDSI clearly is a prevailing party. As a result of the protest, the Board found violations of statute and regulation and CDSI received the relief it sought -- re-entry into the competition. Thus, CDSI is an appropriate interested party to recover its costs of filing and pursuing the protest. We have independently reviewed the documentation submitted by CDSI in support of its application. We find the claimed amount to be both well documented and reasonable. Decision CDSI's application for costs is GRANTED. CDSI is awarded the sum of $166,319.30, to be paid without interest from the permanent indefinite judgment fund, 31 U.S.C. 1304 (1988). _________________________ ROBERT W. PARKER Board Judge We concur: _________________________ _________________________ STEPHEN M. DANIELS DONALD W. DEVINE Board Judge Board Judge