Government Contracting
Lowering the King’s Ears: Delimiting the Waiver of Sovereign Immunity for Bid Protests after Percipient.ai
Adam Bartolanzo wrote for the American Bar Association’s Procurement Lawyer fall newsletter about a Court of Appeals for Federal Circuit’s decision earlier this year in Percipient.ai, Inc. v. United States that expanded the Court of Federal Claims’ bid protest jurisdiction. The article analyzes the potential repercussions of Percipient.ai and how it may affect the waiver of statutory immunity from bid protests going forward.
“While the Federal Circuit may not have cut the doctrine’s head off entirely," Adam writes, "Percipient.ai certainly gave sovereign immunity something akin to a guillotine haircut for what could be a ‘flood’ of protests from potential subcontractors in the wake of that decision.”
Click the link above to view a PDF of the article.
Adam’s article expands on a blog post he wrote in June about Percipient.ai. Click here to read the blog post.
