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Private Party MEO Teammate Allowed Intervention To Protect Proprietary Information

Dec.14.2006

In the protest of a contract award to the Government's Most Efficient Organization (MEO) in an A-76 public/private procurement, the COFC granted MEO private team member Lockheed Martin Services, Inc.'s motion to intervene as a matter of right for the limited purpose of protecting its trade secrets and proprietary data (Northrop Grumman Information Technology, Inc. v. United States, http://www.uscfc.uscourts.gov/Opinions/Block/
06/BLOCK.NorthropGrumman110706.pdf
). The MEO did not have legal representation separate from the awarding agency, and the COFC concluded that Lockheed's interests were not adequately represented by agency counsel in the context of an A-76 procurement in which agency counsel must "wear multiple hats at the same time" and where agency counsel admitted that the "most comfortable" hat is representing the Source Selection Authority.

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Amy Laderberg O'Sullivan
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Daniel R. Forman
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