___________________________________________ MOTION FOR COSTS GRANTED: October 18, 1993 ___________________________________________ GSBCA 12511-C(12455-P) CTA INCORPORATED, Intervenor, v. GENERAL SERVICES ADMINISTRATION, Respondent. I. Michael Greenberger and J. Bradford Wiegmann of Shea & Gardner, Washington, DC, counsel for Intervenor. Seth Binstock, Pamela J. Reiner, and Tenley A. Carp, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges PARKER, HENDLEY, and HYATT. PARKER, Board Judge. Computer Data Systems, Inc., and CBIS Federal Inc. protested the award of a contract to OAO Corporation (OAO) by the General Services Administration (GSA) for automatic data processing technical support services. The protests were consolidated by the Board. On June 21, 1993, CTA Inc. (CTA) intervened in the consolidated protests on the side of the protesters. On July 17, 1993, GSA terminated the contract with OAO for convenience as a result of GSA's admitted violations of law. By order dated June 28, 1993, the Board dismissed the consolidated protests pursuant to a stipulation agreement filed by the parties. Computer Data Systems, Inc. v. General Services Administration, GSBCA 12455-P et al., 1993 BPD 179 (June 30, 1993). The Joint Stipulation of Dismissal provided in part: The Parties jointly stipulate that GSA evaluated the offers in a manner inconsistent with the evaluation criteria during the competition for the Contract and that this constitutes a violation of the Competition in Contracting Act. In addition, GSA stipulates that it (i) failed to conduct meaningful discussions with the offerors during the competition for the Contract; and (ii) provided information which reasonably led offerors to believe that if changes were made in their rates for skill categories included in the requirement, that such changes would improve the offeror's chances for award, while in actuality, the offeror's chances for award were negatively affected as a result of making such changes. The parties also agreed in the stipulation that intervenor CTA was a prevailing party and that reasonable costs of filing and pursuing the protest should be awarded. CTA now moves the Board for award of those costs. Under Rule 35 and 40 U.S.C. 759(f)(5)(C) (1988), the Board may award protest costs, including reasonable attorney's fees, to an "appropriate interested party" when an agency has violated a statute, regulation, or the conditions of a delegation of procurement authority. 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. CTA Inc. moved for an award of its protest costs in the amount of $13,745.40. Of this total amount, $13,511.25 represents attorney fees and $234.15 represents other expenses. We agree that CTA, as an intervenor on the side of the protesters, is an appropriate interested party entitled to recover its costs. See Computer Consoles, Inc., GSBCA 8450- C(8134-P), 86-3 BCA 19,069, 1986 BPD 103. Respondent does not dispute the reasonableness of CTA's costs. We have examined the itemized expenses and find them to be reasonable and well documented as attorney fees and taxable costs. Decision Protester's motion is GRANTED. Protester is awarded $13,745.40, to be paid in accordance with statute, 31 U.S.C. 1304 (1988). ______________________ ROBERT W. PARKER Board Judge We concur: _____________________ JAMES W. HENDLEY Board Judge _____________________ CATHERINE B. HYATT Board Judge