Reasons to Intervene in Bid Protests: What Awardees Need to Know

This Maynard Nexsen perspective offers seven reasons to consider when deciding whether to intervene in a protest challenging your company’s award.

1. Agencies often anticipate intervenors and may appreciate the input
2. Defend the Award, assuring your company’s interest in the award is protected, and not just the interests of the government agency’s
3. Limit the Agency report and what’s available on the public record
4. Protective Order limits access to confidential, proprietary, or source-sensitive information, but intervening may at least get outside counsel access and to pursue the awardee’s interests in the protest
5. Protect Confidential Information, keeping a watchful eye on how the Government ultimately handles this information
6. Shape corrective action, including weighing in on an agency’s decision to take voluntary corrective action
7. The right to intervene is provided for under GAO and COFC bid protest rules.

The bottom line: intervention should be considered to protect the award, protect the awardee’s interests, and monitor the bid process.

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