Intervenors in any government protest must still meet the interested party requirements. After the intervention process is complete, your attorney may seek admission to the protective order.
- Immediately after receiving notice of the protest from GAO, the government contracting agency must give notice of the protest to the awardee if an award has been made.
- If there has been no award, government contracting agencies must notify all bidders or offerors which have a reasonable chance of receiving an award.
GAO may let other firms take part in the government protest as “intervenors.” This is governed by 4 CFR 21.0(b). If the award has been made, GAO permits only the awardee to intervene in the government contract protest.
If the award has not been made, and you are a contractor seeking to intervene, you should advise GAO and the other interested parties, and then contact GAO to learn whether they will be permitted to intervene.
Your notice of intervention into a government contract bid protest could simply be a be a brief letter which includes the name, address, and telephone and fax numbers of your company or intervenor’s lawyer.
Do You Need An Attorney to File a Government Protest or Participate as an Intervenor?
There is no requirement neither as the filing party, nor as an intervenor, to hire an attorney to represent you in a government contract protest. However, the downside is that if you file on your own, you will not get access to the protective order.
Without such access, your chances of effectively protecting your rights are minimized because you would not be able to point to supporting evidence that supports your initial protest.
- Intervenors without counsel will only receive redacted versions of the Agency Record.