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NEW RISKS IN FILING FEDERAL BID PROTESTS for Incumbent Contractor. Under 2026 NDAA, DOD to withhold up to 5% of payments under the incumbent contract while a protest is being heard.

NEW RISKS IN FILING FEDERAL BID PROTESTS for Incumbent Contractor. Under 2026 NDAA, DOD to withhold up to 5% of payments under the incumbent contract while a protest is being heard.

NEW RISKS IN FILING FEDERAL BID PROTESTS for Incumbent Contractor. Under 2026 NDAA, DOD to withhold up to 5% of payments under the incumbent contract while a protest is being heard.
rosecoveredglasses.wordpress.com/2026/01/09/i...
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Federal Circuit Holds En Banc That Only “Actual or Prospective Bidders or Offerors” May Protest at COFC 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 “actual or prospective bidder...

The Federal Circuit reaffirmed that only actual or prospective bidders or offerors qualify as “interested parties” under the Tucker Act, overturning a 2024 ruling that had temporarily expanded standing to include commercial vendors.
Read more: https://bit.ly/3JMav9K
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