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Hello,

I work for a VOSB prime contractor. On June 28, 2013, we won a competitively solicited NAVSEA task order. We have since definitized the award with the Government, received funding and work has commenced. Today, July 26, 2013, after poking around the GAO website just for fun, I found out that the award was protested. I thought that we, the awardee, would have been notified of the protest. Is that correct?

I'm reading through the GAO's Bid Protest guide and it looks like I'd be the "Intervenor" and as such should have been notified. Can I request details of the protest as the Intervenor? Can I request details regardless of my role? Is there anything else I can do to learn about what's going on? Do I have any rights during this protest period? I'm looking to learn anything I can on this process so if folks can provide some guidance, that would be great! In the mean time, I'll keep reading.

Thanks,

StillTrucking

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Guest Vern Edwards

See FAR 33.104(a)(2). You are not an intervenor unless you intervene. Otherwise, you're just a bystander.

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To me, I read 33.104(a)(2) that I, the awardee, should have been notified that a protest was filed. Is that not correct? If it is correct, where do I go to get a copy of the protest?

Here's what FAR 33.104(a)(2) states:

(2) Immediately after receipt of the GAO’s written notice that a protest has been filed, the agency shall give notice of the protest to the contractor if the award has been made, or, if no award has been made, to all parties who appear to have a reasonable prospect of receiving award if the protest is denied. The agency shall furnish copies of the protest submissions to such parties with instructions to (i) communicate directly with the GAO, and (ii) provide copies of any such communication to the agency and to other participating parties when they become known. However, if the protester has identified sensitive information and requests a protective order, then the contracting officer shall obtain a redacted version from the protester to furnish to other interested parties, if one has not already been provided.

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Guest Vern Edwards

To me, I read 33.104(a)(2) that I, the awardee, should have been notified that a protest was filed. Is that not correct? If it is correct, where do I go to get a copy of the protest?

Yes, you should have been notified. That's what it says. It says that. That's correct. It says that.

Ask the contracting officer for a copy of the protest.

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Yes, you should have been notified. That's what it says. It says that. That's correct. It says that.

Ask the contracting officer for a copy of the protest.

I've said it before and I'll proudly declare again that I'm not an expert which is why I'm asking for help in interpreting some of these protest rules.

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Guest Vern Edwards

No need to say it again. We understand. But if you have a government contract and want to stay out of trouble I suggest that you aim to become something of an expert at some point in the future. The battlefields of government contracting are littered with the shattered bones, cracked shields, dented armor, and broken swords of proud non-expert contractors and would be contractors.

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StillTrucking,

You would really benefit from expert advice in this area. Really, you would. I would have hoped you would have consulted an expert before you contacted the CO. Had you done so, I bet you would have heard something to the effect of "let sleeping dogs lie".

There's more to be said, but it's not my place to say it.

Hope this helps.

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StillTrucking,

You would really benefit from expert advice in this area. Really, you would. I would have hoped you would have consulted an expert before you contacted the CO. Had you done so, I bet you would have heard something to the effect of "let sleeping dogs lie".

There's more to be said, but it's not my place to say it.

Hope this helps.

Hello,

Yes, we have appropriately contacted counsel for additional guidance.

Thank you.

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