Will I recover any courts costs or attorney’s fees?
If the GAO determines that a solicitation, proposed award, or award does not comply with a statute or a regulation, it may recommend that the contracting agency pay you the costs of (1) filing and pursuing the protest, including attorneys' fees and consultant and expert witness fees; and (2) bid and proposal preparation.
At both the Court of Federal Claims and U.S. district courts, the reimbursement of attorneys' fees and consultant and expert witness fees are not available unless you are a small business under the Equal Access to Justice Act, 28 U.S.C. section 2412. Both courts, in addition to granting declaratory and injunctive relief, may grant recovery of bid preparation and proposal costs. However, at the District Courts such recovery is limited to $10,000.
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