_____________________________________________ GRANTED: June 26, 1995 ____________________________________________ GSBCA 13274-C(13020-P) ELECTRONIC DATA SYSTEMS CORPORATION, Protester, v. DEPARTMENT OF ENERGY, Respondent. Daniel Parker and William Lieth of Electronic Data Systems Corporation, Herndon, VA, counsel for Protester. Betty R. London and Stephanie Levy, Office of General Counsel, Western Area Power Administration, Department of Energy, Golden, CO, counsel for Respondent. Before Board Judges NEILL, WILLIAMS, and GOODMAN. NEILL, Board Judge. The underlying protest in this case, filed by Electronic Data Systems Corporation (EDS), concerned the award of a contract for automatic data processing equipment by the Department of Energy (DOE). In the protest, as amended, EDS alleged that DOE failed to secure a proper delegation of procurement authority (Count I), made use of an undisclosed evaluation criterion in evaluating the awardee's proposed staff and key personnel (Count II), waived a mandatory requirement regarding key personnel (Count III), improperly scored the evaluation of awardee's proposed staff and key personnel (Count IV), performed an improper cost evaluation which led to an incorrect award decision (Count V), and failed to procure in accordance with actual agency requirements (Count VI). Following a full hearing on the merits of the protest, the Board granted Count I of the protest and thus concluded that the protested award was void. Following the Court of Appeals for the Federal Circuit's decision in CACI, Inc. v. Stone, 990 F.2d 1233 (Fed. Cir. 1993), we recognized that the Board itself may not ratify a procurement or contract that a contracting officer lacked authority to issue. Consequently, we did not consider the five remaining counts raised by protester regarding the propriety of the award. Electronic Data Systems Corp. v. Department of Energy, GSBCA 13020-P, 95-1 BCA 27,485, 1995 BPD 23 (1994). On May 15, 1995, EDS filed a motion for costs pursuant to Rule 35. The protester seeks $34,535.38 for protest costs and $26,664.80 for proposal preparation costs. Counsel for respondent has reviewed the motion together with the schedules and supporting documentation it contains and advised the Board that it has no objection to the costs claimed. The Board has also reviewed the same material and finds the claimed costs to be reasonable. Decision Protester's motion for costs is GRANTED. EDS is entitled to an award of $61,200.18. This award is to 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). _________________________ EDWIN B. NEILL Board Judge We concur: __________________________ _______________________ MARY ELLEN COSTER WILLIAMS ALLAN H. GOODMAN Board Judge Board Judge