Bid Protest Intervention: D.C. Legal Expertise for Small and Medium-Size Businesses
Intervening in a Government Accountability Office (GAO) or a Court of Federal Claims (COFC) bid protest requires astute and experienced legal counsel. The Whay Law Firm, located in Washington, D.C., is a competitive government bid protest law office, with extensive experience representing small- and medium-sized businesses in intervening in government contract bid protests.
Intervening in a Bid Protest 101
If you are an “Interested Party,” you may intervene in a bid protest. Generally, you are an interested party if you submitted a bid in response to a solicitation. If you are the awardee, it is in your interest to intervene in a bid protest against your award. First, the agency is not on your side. While there is some overlap of interest between the agency and the awardee, the agency has different interests than the awardee. It is not unusual that an agency undertakes corrective action, thereby rescinding the award. Second, the agency lawyer may not be experienced or may have insufficient time to adequately defend the protest. The awardee’s lawyer can supplement the work of the agency lawyer during the protest process. Third, if you don’t intervene and defend your award, you may be precluded from challenging any decisions made during the protest. This is especially important if the protest challenges your proposal or the evaluation of your proposal. Generally, the GAO will find you waived your right to challenge issues decided in a protest if you did not intervene.
Protests are usually subject to protective orders, which limit access to the protest information. Typically, only outside lawyers are admitted to the bid protest protective orders.
Pre-Award Intervention: if no award has been made, notice of a protest must be given by the agency to all bidders or offerors who have a reasonable chance of receiving an award. The GAO may permit other firms to participate in the protest as “intervenors.”
Post-Award Intervention: Immediately after receiving notice of the protest from the GAO, the agency must give notice of the protest to the awardee.
Ensuring Success in a Bid Protest Intervention with the Whay Law Firm
The surest way to protect your award and increase the likelihood of a positive outcome is by engaging your own bid protest lawyer to intervene on your behalf, and to strongly represent your interests. Timelines for filing are very tight, with specific requirements for filing, notifications and responses. As an experienced government contract law firm, the Whay Law Firm can identify the facts and legal arguments that will place you in the strongest legal position and protect your award.
If you’ve been notified of a bid protest, contact the Whay Law Firm right away. We recognize that you face unique challenges as a government contractor. We are a full-service government contracts law firm dedicated to providing outstanding legal service to government contractors, and with offices located in close proximity to the federal agencies, the Court of Federal Claims (COFC) and the Government Accountability Office (GAO).
