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e-CFR data is current as of July 9, 2020

Title 7Subtitle APart 1Subpart J → §1.200


Title 7: Agriculture
PART 1—ADMINISTRATIVE REGULATIONS
Subpart J—Procedures Relating to Awards Under the Equal Access to Justice Act in Proceedings Before the Department


§1.200   Decision.

The adjudicative officer or Board of Contract Appeals shall issue an initial decision on the application as expeditiously as possible 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. This decision also shall include, if at issue, findings on whether the position of the Department was substantially justified, whether the applicant unduly protracted the proceedings, or whether special circumstances make an 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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