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COFC Bid Protests Appellate Courts

Wiley Rein LLP

Federal Circuit Holds En Banc That Only “Actual or Prospective Bidders or Offerors” May Protest at COFC

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WHAT: In Percipient.ai, Inc. v. United States, the U.S. Court of Appeals for the Federal Circuit held in a 7-4 en banc decision that the definition of “interested party” under the Tucker Act (28 U.S.C. § 1491(b)(1)) remains...more

Husch Blackwell LLP

Escaping Blue & Gold: Court Holds Filing A Pre-Award Agency-Level Protest Preserved Protester’s Arguments

Husch Blackwell LLP on

In June 2007, the U.S. Court of Appeals for the Federal Circuit held that a party who fails to object to patent errors in a solicitation before the conclusion of the bidding process waives those objections. Blue & Gold Fleet,...more

Wiley Rein LLP

Blue & Gold Safe For Now: Federal Circuit Holds That a Timely Agency-Level Pre-Award Solicitation Challenge Preserves a...

Wiley Rein LLP on

WHAT: On December 7, 2021, the United States Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Harmonia Holdings Grp., LLC v. United States, No. 2020-1538, preserving the waiver rule established...more

Snell & Wilmer

Where There’s an Implied Contract, There’s a Potential Bid Protest: Court of Federal Claims Has Jurisdiction to Hear Breach of...

Snell & Wilmer on

A recent U.S. Court of Appeals for the Federal Circuit (Federal Circuit) decision provides unsuccessful government contractors yet another avenue to pursue a bid protest. Notably, the Federal Circuit resolved the looming...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Circuit Clarifies Bid Protest Stay Timeliness Rules

The U.S. Court of Appeals for the Federal Circuit confirms that a protester seeking to avail itself of the statutory “automatic stay” of performance in connection with a GAO bid protest must file that protest within five days...more

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