CBCA Denies EAJA Application Finding Agency Substantially Justified on Contractor’s Breach of Contract Claim; CBCA 5739-C, Dream Management Inc.

Request for fees and other expenses under EAJA relating to contractor’s breach of contract claim is denied, where the contractor failed to prove its primary allegation of breach of contract on appeal, despite its limited recovery of damages, and where the agency’s position in the litigation, that the contract was terminated for the government’ convenience, was substantially justified.