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Title 10: Energy
CHAPTER X: DEPARTMENT OF ENERGY (GENERAL PROVISIONS)
PART 1023: CONTRACT APPEALS
Subpart C: Procedures Relating to Awards Under the Equal Access to Justice Act
: Procedures for Considering Applications
1023.326 - Board decision.The Board shall issue its decision on the application as expeditiously as is practicable after completion of proceedings on the application. Whenever possible, the decision shall be made by the same administrative judge or panel that decided the contract appeal for which fees are sought. The decision shall include written findings and conclusions on the applicant's eligibility and status as a prevailing party, and an explanation of the reasons for any difference between the amount requested and the amount awarded. The decision shall also include, if at issue, findings on whether the agency's position was substantially justified, whether the applicant unduly protracted the proceedings, or whether special circumstances make the award unjust. If the applicant has sought an award against more than one agency, the decision shall allocate responsibility for payment of any award made among the agencies, and shall explain the reasons for the allocation made.
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