Despite a litigation challenge, the Federal Emergency Management Agency (FEMA) twice awarded a $29 million contract for its Firefighters Grant Program to a grossly unqualified company, passing over client 2M Research for the award. Our firm argued that FEMA abused its discretion, illegally waiving requirements and bending the rules in order to effectuate a desired result.
After more than two years and three protests, 2M, a minority-owned research and advisory firm, ultimately prevailed. The court found that the agency had abused its discretion and acted in bad faith, and effectively granted 2M a directed award.
After prevailing in the protest in September 2018, our firm submitted a claim for attorneys’ fees and costs pursuant to the Equal Access to Justice Act (EAJA). FEMA opposed 2M’s claim, and the parties spent more than one year litigating the fee claim, which was eventually granted in April of 2020.