Lately, we’ve seen a boom in protests being brought to the United States Court of Federal Claims (COFC) in lieu of protests brought at the Government Accountability Office (GAO). And it appears that the recent decision in Percipient.AI, Inc. v. United States, 2023-1970 (June 7, 2024) may have just set the course for even more. But the case here didn’t start with an offeror under a solicitation. Instead, it was brought by a commercial software company, Percipient.AI, Inc. (Percipient), who challenged the government’s acquisition of custom software at the Court of Federal Claims and then landed right in the lap of United States Court of Appeals for the Federal Circuit (Federal Circuit).
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Appeals Court Reinstates Large Business Vaccine Mandate
On Friday, a US Appeals Court overturned the temporary halt on the vaccine mandate for large businesses. This is interesting to note because some of the same analysis used in connection with whether the large business mandate is enforceable could apply to the contractor vaccine mandate.
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