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Speak Now Or Forever Hold Your Protest: Intervenor’s Silence Waives Future Protest Grounds

May 5, 2021

When is the deadline to file a bid protest, and what actions or inactions can cause potential future protest arguments to be waived?  These seemingly simple questions can have surprising answers.  In a recent bid protest decision, GAO held that a contract awardee can waive potential protest grounds by failing to raise them when intervening in a competitor’s bid protest of its award.  See VS2, LLC, B-418942.4, B-418942.5, Feb. 25, 2021, 2021 CPD ¶ --, 2021 WL 873343.  C&M’s Eric Ransom and Rob Sneckenberg explain the VS2 decision and provide useful takeaways for contract awardees in this “Feature Comment” published in The Government Contractor.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Robert J. Sneckenberg
Partner – Washington, D.C.
Phone: +1.202.624.2874