ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL ON APPELLANT’S 
EQUAL ACCESS TO JUSTICE APPLICATION 
 
 Appellant, Standbuy Distributors, Inc. (SDI), applies for $21,181.25 in attorneys’ 
fees in ASBCA No. 62721, pursuant to the Equal Access to Justice Act (EAJA), 
5 U.S.C. § 504 (app. at 1).∗  In Standbuy Distributors, Inc., ASBCA No. 62721,  
2021 WL 3235172 (July 12, 2021), we held that the government’s January 24, 2020 
revocation of its acceptance of 111 range finders was untimely because it knew, or had 
reason to know, as early as July 13, 2016, and no later than November 5, 2018, that SDI 
had been providing parts other than those that the government had requested.  
Familiarity with that opinion is presumed.   
 
                                              
∗ Although in the first paragraph of its EAJA application, Standbuy requests 
$20,293.75, in the concluding paragraph of that application and its reply to the 
government’s answer to the application, Standbuy requests $21,181.25 (app. 
at 1, 4; reply at 3).  In its response to the application, the government references 
only the $21,181.25 amount (answer at 4).  We understand Standbuy to be 
requesting $21,181.25.  Standbuy also requests an additional “allowable amount 
of fees incurred in connection with this application” (app. at 4; reply at 3), 
which request, because that additional amount is unspecified, we disregard. 
Application Under the Equal Access )  
  to Justice Act of --                                      )   
) 
 
Standbuy Distributors, Inc. 
 
) 
) 
ASBCA No. 62721-EAJA 
Under Contract No. SPE7M3-19-P-0080 )  
   
APPEARANCE FOR THE APPELLANT: Dale Gipson, Esq. 
    Lanier Ford Shaver & Payne P.C. 
    Huntsville, AL 
 
APPEARANCES FOR THE GOVERNMENT: Daniel K. Poling, Esq. 
  DLA Chief Trial Attorney 
 Tyson McDonald, Esq. 
Mandy Chiles, Esq. 
    Trial Attorneys 
  DLA Land and Maritime 
    Columbus, OH 

2 
 
 EAJA provides that a business with a net worth less than $7,000,000 that 
prevails before the Board shall be awarded the fees and other expenses that it incurred, 
unless the position of the government was substantially justified or other circumstances 
make such an award unjust.  Buck Town Contractors & Co., ASBCA No. 60939,  
20-1 BCA ¶ 37,705 at 183,048.  The government disputes only whether its position was 
substantially justified (gov’t resp. at 1).  To prevail in its substantial justification 
defense, the government must demonstrate that a reasonable person could think the 
government’s position is correct; that is, that the position has a reasonable basis in law 
and fact.  Buck Town, 20-1 BCA ¶ 37,705 at 183,048.  Substantial justification is 
determined on the basis of the entire record before the Board, and the entirety of the 
government’s conduct.  Id.   
 
 Taking into account the entire record before the Board, and the entirety of the 
government’s conduct, the government fails to satisfy that burden.  Although no precise 
formula exists to determine the reasonableness of the delay in revoking acceptance of 
accepted items, and although the determination must be made on a case-by-case basis, 
American Renovation and Construction Co., ASBCA Nos. 53723, 54038, 2009-2 BCA 
¶ 34,199 at 169,056-57, and even considering that SDI mislabeled most of the parts that 
it supplied and failed to label the others, the government fails to demonstrate that it was 
reasonable (and cites no case in which it was found reasonable) to have waited more 
than 14 months and as many as 42 months to decide whether to revoke the acceptance 
of accepted items. 
 
 SDI is awarded $21,181.25  
 
 Dated:  May 25, 2022 
 
 
 
 
 
 
 
 
 
 
 
TIMOTHY P. MCILMAIL 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
I concur 
 
RICHARD SHACKLEFORD 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
 I concur 
 
 
 
 OWEN C. WILSON 
Administrative Judge 
Vice Chairman 
Armed Services Board 
of Contract Appeals 

3 
 
I certify that the foregoing is a true copy of the Opinion and Decision of the Armed 
Services Board of Contract Appeals in ASBCA No. 62721-EAJA, Appeal of Standbuy 
Distributors, Inc., rendered in conformance with the Board’s Charter. 
 
Dated:  May 25, 2022 
 
 
 
 
 
 
 
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals