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Bid Protests Tucker Act

Cozen O'Connor

Federal Circuit Increases Jurisdictional Scope for Bid Protests in Percipient.ai, Inc. v. United States

Cozen O'Connor on

On June 7, 2024, the U.S. Court of Appeals for the Federal Circuit broadened the Court of Federal Claims’ ability to oversee bid protests in Percipient.ai, Inc. v. United States. This case arose out of a bid protest to an...more

McCarter & English Blog: Government Contracts...

Big Bang?: The Federal Circuit, Percipient.ai, and Expanding Jurisdiction

In Percipient.ai v. United States, the US Court of Appeals for the Federal Circuit may have triggered a legal “Big Bang” moment in government procurement law. The case centered on whether the Federal Acquisition Streamlining...more

Pillsbury Winthrop Shaw Pittman LLP

In a Landmark Decision, Federal Circuit Expands Protest Jurisdiction at COFC

The U.S. Court of Appeals for the Federal Circuit narrowly interprets the Federal Acquisition Streamlining Act’s bar on task order protests at the U.S. Court of Federal Claims, expanding the court’s bid protest jurisdiction. ...more

Wiley Rein LLP

Federal Circuit Expands Standing and Jurisdiction in Protests at the Court

Wiley Rein LLP on

WHAT: In Percipient.ai, Inc. v. United States, a split panel of the U.S. Court of Appeals for the Federal Circuit held that the Federal Acquisition Streamlining Act (FASA) “task order bar” does not apply to claims that an...more

Venable LLP

Recent Federal Circuit Decision Clarifies Blue & Gold Waiver Rule

Venable LLP on

Protesters and other litigants before the U.S. Court of Federal Claims have long encountered the complexities of jurisdiction under the Tucker Act. The Tucker Act, 28 U.S.C. § 1491, is the statute granting jurisdiction to the...more

Morrison & Foerster LLP - Government...

April 2023 Bid Protest Roundup: Nonofferor Protest, Irrational Analysis

This month’s Bid Protest Round-Up examines two recent decisions by the U.S. Court of Federal Claims (“COFC”). The first, Percipient.AI, Inc. v. United States, COFC No. 23-28C, involves the protest by a non-offeror of a...more

Fox Rothschild LLP

Contractor vs. Government Controversies Not Subject to the CDA

Fox Rothschild LLP on

The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more

Morgan Lewis

Court of Federal Claims Clarifies Bid Protest Jurisdiction for OTA Agreements

Morgan Lewis on

In a recent dispute, the United States argued that the Court of Federal Claims lacked jurisdiction to review any disputes concerning Other Transaction Authority (OTA) agreements, and that it is “conceivable” that no court had...more

Morrison & Foerster LLP - Government...

Another Piece To The Puzzle: Court Of Federal Claims Has Jurisdiction Over Bid Protest Where The Disputed Other Transaction Could...

There has been significant uncertainty as to where a company can protest an Other Transaction (“OT”) award. As we previously reported, cases such as SpaceX, MD Helicopter, and Kinemetrics have provided useful data points. The...more

Dunlap Bennett & Ludwig PLLC

Bid Protests – Filing a COFC Protest

As explained in prior postings, there are three forums that have jurisdiction or authority to hear bid protests: the procuring agency, the U.S. Accountability (GAO), and the U.S. Court Federal Claims (COFC). Here we will...more

Jones Day

OT Protesters Looking for a Place to Land

Jones Day on

The Situation: The Federal District Court for the District of Arizona recently dismissed MD Helicopters' Other Transaction ("OT") protest for lack of jurisdiction. The court reasoned that, although the OT was not a...more

Jones Day

Government Contracts: Court of Federal Claims Finds No Jurisdiction Over SpaceX's OTA Protest - The Court of Federal Claims...

Jones Day on

In a recently released decision, the Court of Federal Claims held that the court did not have Tucker Act jurisdiction to resolve a bid protest challenging the award of Other Transaction Agreements ("OTAs"). In this case of...more

Akin Gump Strauss Hauer & Feld LLP

New Court of Federal Claims Decision Is an Opportunity for Prospective Bidders

• 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

PilieroMazza PLLC

Citing Kingdomware, Federal Circuit Confirms Award of GSA Schedule Task Order Falls Within Tucker Act Bid Protest Jurisdiction

PilieroMazza PLLC on

Contractors seeking to challenge the award of task orders, which the procuring agency referred to as “options” or “extensions,” received a big win from the Federal Circuit in Coast Professional, Inc. et al. v. United States,...more

Holland & Knight LLP

Federal Circuit Decision Makes it Easier for Contract Awardees to Protest Unwarranted Agency Corrective Action

Holland & Knight LLP on

Until recently, one of the "conventional wisdoms" about GAO bid protest practice was that agencies had almost unfettered (and unreviewable) discretion to take corrective action....more

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