DGR Associates, Inc. v. United States

PLAGER, Circuit Judge.

This case involves a dispute over whether a party who prevailed in a bid protest against the United States is entitled to an award of attorneys’ fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The Court of Federal Claims determined that the Government’s position in the underlying bid protest was not substantially justified, and awarded attorneys’ fees, costs, and expenses. 1 However, given the then-existing disagreement among all three branches of the Federal Government over the law applicable to this bid protest, we conclude that the Court…