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

By Rob Sneckenberg on May 5, 2021
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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.

Photo of Rob Sneckenberg Rob Sneckenberg

Rob Sneckenberg is a government contracts litigator in Crowell & Moring’s Washington, D.C. office. He routinely first chairs bid protests before the U.S. Government Accountability Office (GAO) and U.S. Court of Federal Claims (COFC), and has successfully argued multiple appeals before the U.S.

Rob Sneckenberg is a government contracts litigator in Crowell & Moring’s Washington, D.C. office. He routinely first chairs bid protests before the U.S. Government Accountability Office (GAO) and U.S. Court of Federal Claims (COFC), and has successfully argued multiple appeals before the U.S. Court of Appeals for the Federal Circuit. He also represents contractors in contract claim and cost accounting disputes before the Armed Services Board of Contract Appeals (ASBCA), and counsels clients on a wide array of government contracts investigations. Rob is very active in Crowell & Moring’s pro bono program, where he focuses on civil and criminal appeals.

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  • Posted in:
    Government Contracts
  • Blog:
    Government Contracts Legal Forum
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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