If You Are the Awardee and Someone Has Protested Your Award, We Can Explain to You Why You Should Intervene in the Protest

Learn More About Protesting a Government Contract Award

Government Bid Protest Lawyers Represent Intervenors

Your company was fortunate enough to receive the award of a government contract, only to receive a notice that another offeror has filed a bid protest. While many times an awardee will rely on the agency to fight the protest, this is often a mistake.

An experienced government contract award attorney will often encourage an awardee to exercise their right to intervene in, and actively participate in, the bid protest. Intervention is allowed at both the U.S. Court of Federal Claims (COFC) and at the U.S. Government Accountability Office (GAO), the two non-agency bid protest forums. Our Washington, D.C. government contracts law firm can explain this process to you in more detail and help you intervene in the protest.

COFC Intervention Procedures

The COFC requires the plaintiff’s attorney, prior to filing a protest, to provide a minimum of 24 hours advance notice of filing to various parties, including the awardee. This notifies the potential intervenor of the protest, which gives them time to prepare and file a request for intervention. Interested parties who are not the apparent successful bidder must be identified at the initial status conference.

GAO Intervention Procedures

If the protest was filed at the GAO, the potential intervenor should receive notice of the filing of a bid protest from the contracting agency. The GAO is required to notify the contracting agency by phone within one day after the filing of a protest, and unless the protest is dismissed, the agency must send a written notification of the protest to the contractor, if the award has been made. If an award has not been made, the notice must be given to all bidders or offerors who appear to have a real prospect of receiving the award.

Why Intervene?

Intervention is encouraged for several reasons. First, the agency’s interests are often not the same as those of your company. While the government will want to stand by its award, there are times where the agency decides to end the protest by taking corrective action to address the protest issues, which might prompt rescission of the award. Second, the agency attorney may be overworked and have insufficient time to adequately defend the government’s award decision. Third, matters regarding your proposal and evaluation may be the subject of the protest. If you don’t intervene to defend your proposal, the protester may convince the GAO that your proposal is technically unacceptable and unawardable. Because you didn’t intervene, the GAO may precluded you from filing a protest challenging its decision.

Contact a Washington, D.C. Bid Protest Intervention Law Firm Today

If you are the awardee in a government procurement and someone has protested your award, contact the Whay Law Firm online or call (202) 448-9677 to find out why you should intervene in the process. Schedule your initial case evaluation with an experienced bid protest attorney today.