Navigating Bid Protest Choices at GAO and COFC
Jones Day Presents: Strategies for Dealing with the IRS: Going to Court
Making Effective Use of the Claims/Disputes Process
CPARS From A to Z
Going to the Court of Federal Claims or the Boards of Contract Appeal
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
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
When a Federal Circuit panel held that subcontractors had standing to challenge procurement violations, Judge Clevenger warned of a flood. Under the panel’s holding, thousands of subcontractors could inundate the Court of...more
The primary holding of the Federal Circuit’s May 2023 decision in CACI, Inc.-Federal v. United States (Case No. 2022-1488), is that “statutory standing” is no longer a jurisdictional issue. This means that when considering...more
In another recently released bid protest sustained by the Court of Federal Claims, the Court addresses a protestor’s standing and an offeror’s ability to rely on the experience of its subcontractors in satisfying technical...more
• A potential offeror may have jurisdiction to protest a government insourcing decision at the Court of Federal Claims. • This issue will likely need to be resolved by the Court of Appeals for the Federal Circuit. ...more
• First, an awardee is responsible for keeping tabs on what happens in a protest of its award, or it may not be able to submit its own challenge if the protest is sustained. • Second, mere compliance with cybersecurity...more