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Decisions Of The Boards Of Contract Appeals

Thursday, June 04, 2009 05:42 pm

Decisions Of The Boards Of Contract Appeals WHEN THE GOVERNMENT IS WRONG, THE EAJA CAN HELP YOU RECOUP COSTS Equal Access to Justice ActSubstantially Justified Appeal of Abcon Associates, Inc. Postal Service Board of Contract Appeals 2009 PSBCA LEXIS 3(March 12, 2009)

The Equal Access to Justice Act, 5 U.S.C.504 (EAJA)allows a prevailing party to recover the costs of litigation in agency adjudication, as long as the government's position before and during the litigation was not substantiallyjustified.In this case, the Postal Service Board of Contract Appeals (Board)found that the United States Postal Service's(USPS)position was sub-stantiallyjustified in some respects and not substantially justified in others.

After the USPS terminated Abcon Associates, Inc.'s (Abcon)construction contract for default, the project was completed by Abc [...]

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