GRANTED: March 8, 1993 GSBCA 12278-C(12156-P/12157-P) WILLIAMS ELECTRIC COMPANY, INC., Protester, v. DEPARTMENT OF THE ARMY, Respondent, Raymond R. Fioravanti of Epstein, Becker & Green, P.C., Washington, DC, counsel for Protester. Craig R. Schmauder and William A. Richards, Office of the Chief Counsel, U.S. Army Corps of Engineers, Washington, DC, counsel for Respondent. Before Board Judges DANIELS (Chairman), PARKER, and VERGILIO. PARKER, Board Judge. On November 2, 1992, Williams Electric Company, Inc., protester, challenged the decision of the U.S. Army Corps of Engineers, respondent, to award two contracts to install and maintain heating and cooling equipment. By order dated December 23, 1992, the Board dismissed the two protests, GSBCA 12156-P and GSBCA 12157-P, without prejudice pursuant to two stipulations that the parties submitted. Both stipulations stated that protester had raised "sufficient questions" concerning the contracting officer's re-scoring of proposals to warrant the corrective action of assigning both acquisitions to a new contracting officer, to whom respondent would provide "any and all information necessary to carry out his or her responsibilities and discretion." HSQ Technology, Inc. v. Department of the Army, GSBCA 12080-P et al., 1992 BPD 419, at 2 (Dec. 23, 1992); HSQ Technology, Inc. v. Department of the Army, GSBCA 12166-P(12079-P) et al., 1992 BPD 420, at 2 (Dec. 23, 1992). As provided for in the Board's orders, the initial dismissals converted to dismissals with prejudice on December 30, 1992. Pursuant to 40 U.S.C. 759(f)(5)(C) (1988) and Rule 35, protester moved on January 22, 1993, for an award of its protest costs totalling $109,725.88. Protester stated that this sum included $103,253.38 in attorney's fees and $6,472.50 in litigation costs, and the billing sheets accompanying the motion listed costs exceeding $130,000. Motion for Award of Protest Costs, Exhibit 3. On January 29, 1993, protester filed a supplemental motion in which it claimed an additional $3,049.46 in costs earlier billed in error to another account. On February 19, 1993, the parties filed a stipulation, which provided as follows: Having previously stipulated that the Protester should be considered an appropriate prevailing and interested party for purposes of the above-referenced protests, and having thoroughly reviewed the Motion for Award of Protest Costs and Supplemental Motion for Award of Protest Costs and Supplemental Motion for Award of Protest Costs submitted by Williams, along with Williams' supporting documentation, the Respondent agrees that protest costs in the amount of $105,620.34 claimed by Williams are reasonable. We agree with respondent that protester is an appropriate party entitled to recover its protest costs pursuant to 40 U.S.C. 759(f)(5)(C). The bulk of protester's complaints concerned the original contracting officer's allegedly faulty re-scoring of proposals and respondent has agreed to assign a different contracting officer to the procurements. Protester thus prevailed in its protests. In addition, the amount requested in the stipulation is reasonable and documented quite thoroughly as attorney's fees and taxable costs in the attached billing sheets. Decision The Board GRANTS protester's motion to recover $105,620.34 in attorney's fees and costs incurred to litigate the underlying protests, to be paid in accordance with statute, 31 U.S.C. 1304 (1988). 40 U.S.C. 759(f)(5)(C). ___________________________ ROBERT W. PARKER Board Judge We concur: ___________________________ ___________________________ STEPHEN M. DANIELS JOSEPH A. VERGILIO Board Judge Board Judge