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ARTICLE · 19 NOVEMBER 2020

Intervention In Bid Protests: A Fiscal Year-End Refresher

The rules of the COFC allow for two types of intervention: (1) intervention as of right and (2) permissive intervention.

United StatesGovernment, Public Sector
As a result of increased government spending at the end of the government's fiscal year - which is the 12-month period beginning on October 1 and ending on September 30 - the number of bid protest filings peaks in October. Accordingly, government contractors should be particularly mindful this time of year of their rights with respect to intervening in bid protests both at the Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC).

Who May Intervene in Bid Protests?


GAO Bid Protests

The GAO's Bid Protest Regulations provide the following definition of "intervenor," in relevant part: "Intervenor means an awardee if the award has been made or, if no award has been made, all bidders or offerors who appear to have a substantial prospect of receiving an award if the protest is denied" (4 C.F.R. § 21.0(b)(1)).

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