(a) The Board of Contract Appeals may award a prospective bidder or offeror, a bidder, or an offeror the reasonable costs of filing and pursuing a protest, not including attorney’s fees, if:
(1) the prospective bidder or offeror, bidder, or offeror appeals the final action of an agency on a protest;
(2) the Board of Contract Appeals sustains the appeal; and
(3) the Board of Contract Appeals finds that there has been a violation of law or regulation.
(b) The Board of Contract Appeals shall adopt regulations to implement this section and to determine what constitutes reasonable costs of filing and pursuing a protest.
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