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Federal Contractors › Statutory Interpretation › Bid Protests

Pillsbury - Bid Protest Debrief

No Bid, No Protest: Federal Circuit Court Clarifies “Interested Party” in Major Standing Decision

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In Percipient.ai, Inc. v. United States, U.S. Court of Appeals for the Federal Circuit, No. 2023-1970 (Decided Aug. 28, 2025), Percipient.ai challenged a task order award by the National Geospatial-Intelligence Agency (NGA),...more

Holland & Hart LLP

Federal Circuit Clarifies Bid Protest Standing: Must Be Actual or Prospective Bidder

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On August 28, 2025, the Federal Circuit issued an important en banc decision in Percipient.ai, Inc. v. United States that notably clarifies who qualifies as an “interested party” with standing to bring a bid protest under the...more

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

Blank Rome LLP

Federal Circuit Clarifies “Interested Party” Status in Percipient.ai v. United States

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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

Bradley Arant Boult Cummings LLP

Court of Federal Claims Sides with Small Business in Landmark TAA vs. BAA Protest

Bradley Arant Boult Cummings LLP on

In a recent bid protest decision, The DaVinci Company LLC v. United States, the U.S. Court of Federal Claims reaffirmed the enduring authority of the Trade Agreements Act (TAA) in federal procurements. At the center of the...more

WilmerHale

The Telesto Decision: COFC's Latest (and Most Novel) Take on OTA Jurisdiction

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Judge Hertling’s recent decision in Telesto Group, LLC v. United States provides a novel approach for determining when Court of Federal Claims (also “COFC”) has jurisdiction to consider a protest of a project under the...more

Fox Rothschild LLP

GAO Holds that Enhanced Debriefing Timing Regulations Control Over Agency Instructions

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Timing is everything when it comes to bid protests at GAO. There is a mountain of GAO case law dismissing untimely protests. Contractors must strictly follow GAO’s regulations to avoid that fate and obtain a Competition...more

Holland & Knight LLP

Navigating the Evolving Jurisdiction of the Court of Federal Claims Over OTA Agreements

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The U.S. Court of Federal Claims (COFC) recently addressed the scope of its jurisdiction over Other Transaction Authority (OTA) agreements in the case of Telesto Group, LLC v. United States, No. 1:24-cv-01784. The case...more

Morrison & Foerster LLP - Government...

Court of Federal Claims Confirms Jurisdiction over Other Transaction (OT) Bid Protests

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Last month, in Raytheon Co. v. United States, the U.S. Court of Federal Claims (COFC) confirmed its jurisdiction to hear bid protests challenging the award of certain other transaction (OT) agreements. The decision names COFC...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Affirms Veteran-Owned Small Businesses Are the VA’s First Priority

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The U.S. Court of Appeals for the Federal Circuit recently affirmed a May 2017 Court of Federal Claims decision requiring the U.S. Department of Veterans Affairs (“VA”) to give veteran-owned small businesses first priority...more

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