Percipient.ai’s Bid Protest Gets Full Federal Circuit Review

A Federal Circuit panel’s decision to allow Percipient.ai Inc. to challenge the government’s refusal to consider its commercially available product in connection with a solicitation will now receive en banc review.

The US Court of Appeals for the Federal Circuit previously held that the artificial intelligence developer’s suit against the National Geospatial-Intelligence Agency and CACI International Inc. isn’t barred by the Federal Acquisition Streamlining Act, which restricts courts from hearing certain government contract protests. The original panel’s dissent accused the majority of reinterpreting FASA “to bar only protests focused on a task order, not protests more broadly made in connection ...