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

Client Alert | 1 min read | 05.05.21

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.

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Client Alert | 4 min read | 01.15.26

Access to Public Domain Documents Pilot: Practice Direction 51ZH

The Pilot codifies the position at common law, set out by Lady Hale in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38, which permits the public the right of access to documents placed before a court and referenced in a public hearing[4]. This Pilot will apply to cases heard in the Commercial Court, the London Circuit Commercial Court (King’s Bench Division), and the Financial List (Commercial Court and Chancery Division)[5]....