By: Matthew R. Keller, Esq.
Most government contractors know that they may protest the loss of an award (in most circumstances) at the Government Accountability Office (GAO).
But, many awardees do not know that they have a similar right to fight off a GAO protest – side-by-side with the agency – when another unsuccessful offeror files a GAO protest against the agency’s decision to award a contract to the awardee.
The awardee may “intervene” in the protest in order to protect its economic interest in the protest’s outcome. If the awardee chooses to intervene, then it (or its attorney) is (1) entitled to notice of all protest milestones and filings, (2) granted access to all protest-related documents, and (3) may write legal briefings in support of the agency’s award to the awardee.
September 30, 2014.