This issue of bid protest highlights include decisions from the Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC). These decisions emphasize important legal principles addressing (1) agency discretion in technical evaluations, (2) requirements to sufficiently document evaluation findings, (3) timeliness, (4) reimbursement of protest costs, and (5) protester standing.

Court of Federal Claims -

Percipient.ai Inc. v. United States, No. 1:23-cv-00028, 2023 WL 2819637 (Fed. Cl. Mar. 9, 2023)

Holding: A party that does not submit a proposal in response to a solicitation nevertheless has standing to challenge an agency procurement process at COFC after the agency awards the contract, if the party plausibly alleges that, but for the agency’s procurement-process deficiencies, the party would have been a prospective offeror with a direct economic interest.