Percipient.ai Suit Over Commercial Software Product Snub Revived

Artificial intelligence developer Percipient.ai Inc. can move forward with its lawsuit challenging the alleged refusal of a federal agency and a contractor to consider its commercially available product in connection with a solicitation, a divided Federal Circuit ruled Friday.

Percipient’s suit against the National Geospatial-Intelligence Agency and awardee CACI International Inc. isn’t barred by the Federal Acquisition Streamlining Act, which restricts courts from hearing certain government contract protests, Judge Kara F. Stoll said for the majority.

Percipient claimed that the NGA and CACI violated 10 U.S.C. § 3453 by failing to consider Percipient’s Mirage commercial software product for computer vision—a ...