Contract analysis

I. Purpose of This Letter The law firm of Calderwood & Harkness LLP represents Whitmore Aerospace LLC ("Whitmore" or "Protester"), a Virginia limited liability company headquartered at 2400 Dominion Ridge Parkway, Suite 800, Herndon, Virginia 20171, in the above-captioned protest proceeding. This representation is pursuant to Engagement No. 1019-00003. The undersigned, Claudia Merritt, is the responsible partner for

II. Acknowledgment of Intervention Whitmore acknowledges that Halcyon timely filed its Notice of Intervention on October 2, 2023, which is consistent with the requirements of 4 C.F.R. § 21.0(b). Based on our review of the filing, the Notice of Intervention appears to comply with the procedural requirements governing intervention in bid protest proceedings before the Government Accountability Office. Whitmore does not

III. Background on the Protest For the convenience of the record, and to provide context for the positions set forth below regarding the scope of the Intervenor's participation, Whitmore briefly recites the procedural history of this protest as follows. Whitmore filed its protest on September 26, 2023, within the ten-day post-debriefing deadline prescribed by 4 C.F.R. § 21.2(a)(2). The protest was filed following the

IV. Protester's Position on Scope of Intervenor Participation A. General Right of Participation Whitmore recognizes that, as the awardee under the challenged contract, Halcyon has the right to participate as an intervenor in this protest proceeding. This right includes the ability to submit comments on the protest, to respond to the protest grounds raised by Whitmore, and to access non-protected portions of the prote

V. Identification of Protester's Counsel For the record, the following attorneys of Calderwood & Harkness LLP serve as Protester's counsel of record for all purposes in Case Nos. B-422187 and B-422187.2: Claudia Merritt, Partner (Responsible Partner) Lt. Col. (Ret.) Nathan Yardley, Of Counsel Megan Zhao, Senior Associate Alan Burke, Lead Associate Sara Hendricks, Working Associate All counsel are located at Calderwoo

VI. Service of This Letter A copy of this letter is being served simultaneously on the following parties by electronic mail and first-class mail: Theodore J. Dunaway Kessler, Pratt & Dunaway LLP 8300 Greensboro Drive, Suite 950 Tysons, Virginia 22102 (Counsel for Intervenor Halcyon Defense Systems Inc.) Captain Lucas M. Hargrove, USAF, JAG Trial Attorney Office of the General Counsel Department of the Air Force (Agen