This Maynard Nexsen perspective offers seven reasons to consider when deciding whether to intervene in a protest challenging your company’s award.
- Agencies often anticipate intervenors and may appreciate the input
- Defend the Award, assuring your company’s interest in the award is protected, and not just the interests of the government agency’s
- Limit the Agency report and what’s available on the public record
- 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
- Protect Confidential Information, keeping a watchful eye on how the Government ultimately handles this information
- Shape corrective action, including weighing in on an agency’s decision to take voluntary corrective action
- 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.
