GRANTED IN PART: October 18, 2011 
CBCA 2472-C(1576) 
TST TALLAHASSEE, LLC, 
Appellant, 
v. 
DEPARTMENT OF VETERANS AFFAIRS, 
Respondent. 
Cecil H. Macoy, Jr. and Michael J. Brandt of Wallace, Jordan, Ratliff & Brandt, LLC, 
Birmingham, AL, counsel for Appellant. 
Joylyn Winters, Office of the General Counsel, Department of Veterans Affairs, 
Washington, DC, counsel for Respondent. 
Before Board Judges BORWICK, McCANN, and DRUMMOND. 
DRUMMOND, Board Judge. 
TST Tallahassee, LLC (TST) has submitted an application for reimbursement of fees 
and costs under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504 (2006), incurred 
in connection with its successful prosecution of the captioned appeal. Initially, TST sought 
$56,018.75 in attorneys’ and paralegal fees and $519.34 in other expenses, for a total of 
$56,538.09. The Department of Veterans Affairs (VA) has expressed no objection to the 
award. 

    
      
     
 
     
    
      
 
    
   
    
   
    
           
            
              
          
           
         
     
        
                  
               
           
              
                
        
2 CBCA 2472-C(1576) 
During a conference call held in September 2011, TST, through its counsel, withdrew 
the request for $175 (0.5 attorney hours on June 11, 2010) for “Letter from T. Hydler re 
janitorial services.” This work is unrelated to this appeal. As amended, TST’s application 
seeks a total of $56,363.09 in attorneys’ and paralegal fees and expenses.  The VA has no 
objection to the application as amended. 
TST’s amended application seeks reimbursement for 191.4 attorney hours (6.5 of 
which predate issuance of the contracting officer’s February 6, 2009, final decision) at rates 
ranging from $185 to $350 per hour.  
The starting point for an EAJA claim is receipt of the contracting officer’s final 
decision. Levernier Construction, Inc. v. United States, 947 F.2d 497, 499-501 (Fed. Cir. 
1991); Trailboss Enterprises, Inc., 5454E, et al., 00-1 BCA ¶ 30,800. Accordingly, the 
attorney fees incurred before February 6, 2009, are not recoverable. We reduce the hours 
claimed by 6.5 hours to a total of 184.9 hours.  
TST states the requested attorneys’ fees are justified because: 
The hourly rates charged are within market norms for the geographical 
location and relevant legal market of counsel, the attorneys’ skill and 
experience levels and professional standing and reputations, and the scope, 
nature, complexity, and significance of the representation. 
The EAJA provision regarding the recovery of fees and other expenses associated 
with an agency’s conduct of an adversary adjudication is clear. It reads: 
[A]ttorney or agent fees shall not be awarded in excess of $125 per hour unless 
the agency determines by regulation that an increase in the cost of living or a 
special factor such as the limited availability of qualified attorneys or agents 
for the proceedings involved justifies a higher fee. 
5 U.S.C. § 504(b)(1)(A)(ii). 
While a judicial tribunal is free to make the determination that a fee in excess of the 
statutory rate of $125 per hour is justified by an increase in the cost of living or a special 
factor, an administrative tribunal, such as ours, cannot do so in the absence of an agency 
regulation addressing that issue. NVT Technologies, Inc. v. General Services Administration , 
GSBCA 16195-C(16047), 03-2 BCA ¶ 32,401. TST has referred us to no agency regulation, 
nor are we aware of any VA regulation, which determines that an increase in the cost of 
living or some special factor justifies award of a fee based upon an hourly rate greater than 

                   
  
     
           
             
             
                
                 
             
              
  
                                                
  
 
 
                                                                                             
  
3 CBCA 2472-C(1576) 
$125. In the absence of such a regulation, we decline to make an award at a rate greater than 
the statutory rate. Accordingly, TST is entitled to recover 184.9 attorney hours at $125 per 
hour for a total of $23,112.50. 
Fees for paralegals are recoverable under the EAJA. Richlin Security Service 
Company v. Chertoff , 553 U. S. 571 (2008); Spectrum Leasing Corp. v. General Services 
Administration , GSBCA 10902-C(7347), et al., 93-1 BCA ¶ 25,317, at 126,153. TST seeks 
to recover for 1.3 hours expended by paralegals at an hourly rate of $115. Accordingly, TST 
is entitled to recover 1.3 paralegal hours at $115 per hour for a total of $149.50. 
Finally, TST is entitled to reimbursement of its expenses in the amount of $519.34. 
Decision 
The cost application is GRANTED IN PART , as revised. TST is awarded fees and 
expenses totaling $23,781.34. 
JEROME M. DRUMMOND 
Board Judge 
We concur: 
ANTHONY S. BORWICK R. ANTHONY McCANN 
Board Judge Board Judge