Egregious Agency Misconduct during a Procurement and Subsequent Bid Protest is not a “Special Factor” that Warrants an Upward Adjustment of Fees under the Equal Access to Justice Act; Starry Associates Inc. v. United States, CAFC 2017-2148

The Federal Circuit vacated a COFC decision awarding a successful protester costs and attorney fees, reasoning that the COFC improperly found that an agency’s misconduct was a “special factor” that justified an adjustment of fees in excess of the maximum rate set by the Equal Access to Judgment Act.