Admission of Former Employees as Consultants under GAO Bid Protest Protective Orders


Tight deadlines apply to bid protests at GAO, including the admission of consultants under protective orders to provide technical, quantitative or other specialized knowledge useful to the litigation. GAO generally allows protesters to choose the assistance they deem necessary to pursue their bid protest, including consultants, unless the party opposing admission raises valid objections. GAO, however, has occasionally expressed its reluctance to admit a protesting party’s former employee as a consultant, particularly where the consultant is unlikely to testify before GAO again in the future.

Nevertheless, GAO has admitted former employees as consultants, even where the former employee was previously involved (several years before the protest) in the protester’s competitive decision-making. This article examines the standards that GAO applies in determining whether to admit consultants under its bid protest protective orders in this time-sensitive environment. It focuses on the gray area of whether a consultant’s prior—as opposed to ongoing— involvement in a party’s competitive decision making is grounds for rejection of an application for admission under a protective order.

Originally Published in Bloomberg BNA Federal Contracts Report - June 24, 2014.

Please see full Article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Perkins Coie | Attorney Advertising

Written by:


Perkins Coie on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.