News & Analysis as of

Tucker Act Appellate Courts

Jenner & Block

Supreme Court Declines Review in Percipient.ai, Leaving Bid Protest Interested Party Status Unchanged

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On January 12, 2026, the US Supreme Court denied Percipient.ai, Inc.’s petition for a writ of certiorari, ending a closely watched case that tested the boundaries of bid protest standing at the Court of Federal Claims. The...more

PilieroMazza PLLC

No Interest, No Protest: The Critical Importance of Understanding the “Interested Party” Standard

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Last week, the Supreme Court declined to review Percipient.ai, Inc. v. United States, 153 F.4th 1226 (Fed. Cir. 2025), a high‑profile Federal Circuit decision that limits who may bring a protest at the U.S. Court of Federal...more

Fox Rothschild LLP

Should I Appeal My Terminated Grants in District Court or the Court of Federal Claims?

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In 2025, the government has canceled or discontinued billions of dollars in federal grants. Entities seeking to challenge these terminations have faced uncertainty as to which forum is appropriate for such claims. A federal...more

Womble Bond Dickinson

Appeals Court Says Trump Administration Can Proceed with Green Bank Program Clawbacks

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On Tuesday, September 2, the Trump Administration scored a victory in its ongoing efforts to roll back clean energy initiatives and grants....more

Miles & Stockbridge P.C.

En Banc Federal Circuit Decision Reaffirms that Only Actual or Prospective Offerors are ‘Interested Parties’ to Bring Bid Protests

The Court of Appeals for the Federal Circuit has resolved once and for all the question of who can file a bid protest before the Court of Federal Claims (COFC)....more

Holland & Hart LLP

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

Holland & Hart LLP on

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

Wiley Rein LLP on

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

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 10-14): Clear Skies for Boeing After No-Waiver Ruling

Last week was apparently CFC week at the Federal Circuit, with several precedential decisions in government contracts and Tucker Act cases. Below we give our usual week’s statistics and case of the week—our highly subjective...more

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