Please join Jennifer Schaus & Associates every Wednesday in 2020 for a complimentary Wednesday series. See the full recording on our YouTube Channel (https://www.youtube.com/watch?v=tmIwShyn174). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!

1. FED GOV CON
Webinar
Wednesdays
2020 Series
JSchaus & Associates
Washington DC
+ 1 – 2 0 2 – 3 6 5 – 0 5 9 8

2. About Our Webinars:
- Every Wednesday;
- Complimentary;
- Recorded;
- YouTube & our Website;
- No Questions

3. The National Veteran Small Coalition
(NVSBC)
is the largest non-profit trade association
in the country representing veteran and
service-disabled veteran-owned small
business in the federal marketplace as
prime and subcontractors. NVSBC
provides networking, match-making,
coaching, and training opportunities for
members.
Please visit: www.nvsbc.org

4. About Us:
Professional Services for
Federal Contractors
- GSA Sched;
- SBA 8(a);
- Proposal Writing;
- Pricing;
- Contract Administration;
- Business Development

5. COVID-19
And
The Federal
Government
Contracting Impact
Complimentary Webinar
FRIDAY MARCH 20, 2020
1pm EST
https://attendee.gotowebinar.com/register/2536749652
760887819

6. Advertise In Our Newsletter:
Reach 17,000+ Subscribers!
Includes Government &
Government Contractors
Hello@JenniferSchaus.com

7. About Our Speaker:
Joshua Duvall
Matross Edwards LLC
MatrossEdwards.com

8. Bid Protest - Intervening To
Defend Your Award
Wednesday,
March 18, 2020

9. Bid Protest Forums
Agency
– no intervenors as a matter of right (agency may allow comments)
Government Accountability Office
– awardees may intervene
Court of Federal Claims
– awardees may intervene
2020 – Fed Gov Con Webinar Series - Washington DC
JSchaus & Associates

10. Who May File a Protest?
GAO
– Protesters must be an “interested party” – an “actual or prospective bidder or
offeror whose direct economic interest would be affected by the award of a contract or
by the failure to award a contract.” 4 C.F.R. § 21.0; 4 C.F.R. § 21.1(a)
2020 – Fed Gov Con Webinar Series - Washington DC
JSchaus & Associates

11. Who May File a Protest?
COFC
– Protesters must be an “interested party.” 28 U.S.C. § 1491(b); see also Am. Fed'n
of Gov't Employees v. U.S., 258 F.3d 1294, 1298 (Fed. Cir. 2001) (construing the
definition of “interested party” in accordance with CICA)
2020 – Fed Gov Con Webinar Series - Washington DC
JSchaus & Associates

12. What Generally Happens When an Award is Protested?
GAO
– CICA stay (Competition in Contracting Act)
– The CICA stay is automatically triggered if protest is timely filed
COFC
– No CICA stay; temporary restraining order/preliminary injunction
– Agency agrees to voluntarily stay performance during protest
2020 – Fed Gov Con Webinar Series - Washington DC
JSchaus & Associates

13. Intervening
– The right of an awardee to intervene is set out in the GAO Bid Protest Regulations
and COFC Rules of Procedure
– Awardees should generally intervene
– The government understands that awardees will usually intervene
– Intervene at GAO or COFC
2020 – Fed Gov Con Webinar Series - Washington DC
JSchaus & Associates

14. Intervening at GAO
“Intervenor means an awardee if the award has been made or, if no award has been
made, all bidders and 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)
2020 – Fed Gov Con Webinar Series - Washington DC
JSchaus & Associates

15. Intervening at COFC
“On timely motion, the court must permit anyone to intervene who… claims an interest
relating to the property or transaction that is the subject matter of the action, and is so
situated that disposing of the action may as a practical matter impair or impede the
movant’s ability to protect its interest, unless existing parties adequately represent that
interest.” Rule 24(a)(2)
2020 – Fed Gov Con Webinar Series - Washington DC
JSchaus & Associates

16. Intervening to Defend Your Award
– Agencies anticipate that awardees will intervene
– Primary reason is to protect your win (you know your technical proposal better
than the government)
– Intervening actively (filing briefs, resource to agency counsel)
– Intervening passively (monitoring)
2020 – Fed Gov Con Webinar Series - Washington DC
JSchaus & Associates

17. Intervening to Defend Your Award
– If protest is filed and a protective order is issued, an awardee’s counsel will
be able to read unredacted protest and agency documents
– Protect confidential/proprietary information
– Limit the record at GAO
2020 – Fed Gov Con Webinar Series - Washington DC
JSchaus & Associates

18. Intervening to Defend Your Award
– Awardee interests may not entirely align with agency interests (i.e., the
agency may, for whatever reason, decide to take corrective action)
– Shape the scope of the agency’s corrective action
– Intervenors can provide additional support to convince GAO to deny the
protest
2020 – Fed Gov Con Webinar Series - Washington DC
JSchaus & Associates

19. Recap – Intervening to Defend Your Award
– Generally a good idea to intervene; agencies anticipate that you will
– Defend your win (rebut arguments) and protect confidential information
– Convince GAO to sustain or agency to avoid corrective action
– Limit record and scope of corrective action
2020 – Fed Gov Con Webinar Series - Washington DC
JSchaus & Associates

20. THANK YOU!
JSchaus & Associates
Washington DC
hello@JenniferSchaus.com
www.JenniferSchaus.com
+ 1 – 2 0 2 – 3 6 5 – 0 5 9 8
Joshua Duvall
JDuvall@MatrossEdwards.com
202.854.9959