Case: 23-1970    Document: 59     Page: 1   Filed: 11/22/2024




   United States Court of Appeals
       for the Federal Circuit
                  ______________________

                 PERCIPIENT.AI, INC.,
                   Plaintiff-Appellant

                             v.

       UNITED STATES, CACI, INC.-FEDERAL,
                Defendants-Appellees
               ______________________

                        2023-1970
                  ______________________

     Appeal from the United States Court of Federal Claims
 in No. 1:23-cv-00028-EGB, Senior Judge Eric G. Bruggink.
                  ______________________

     ON PETITION FOR REHEARING EN BANC
              ______________________

     RETA EMMA BEZAK, Commercial Litigation Branch,
 Civil Division, United States Department of Justice, Wash-
 ington, DC, filed a combined petition for panel rehearing
 and rehearing en banc for defendant-appellee United
 States. Also represented by BRIAN M. BOYNTON, PATRICIA
 M. MCCARTHY, CORINNE ANNE NIOSI.

      SAMUEL CHARLES KAPLAN, Boies Schiller Flexner LLP,
 Washington, DC, filed a response to the petition for plain-
 tiff-appellant. Also represented by HAMISH HUME, ERIC J.
 MAURER, GINA ALICIA ROSSMAN.
Case: 23-1970    Document: 59      Page: 2    Filed: 11/22/2024




 2                                    PERCIPIENT.AI, INC. v. US




    ANNE PERRY, Sheppard Mullin Richter & Hampton
 LLP, Washington, DC, for defendant-appellee CACI, Inc.-
 Federal. Also represented by JONATHAN SCOTT ARONIE,
 TOWNSEND BOURNE, ARIEL DEBIN COLLINSWORTH, LILLIA
 JO DAMALOUJI.
                ______________________

 Before MOORE, Chief Judge, LOURIE, DYK, PROST, REYNA,
   TARANTO, CHEN, HUGHES, STOLL, CUNNINGHAM, and
                STARK, Circuit Judges. 1
 PER CURIAM.

ORDER

     Appellee, The United States, filed a combined petition
 for panel rehearing and rehearing en banc. A response to
 the petition was invited by the court and filed by Appellant
 Percipient.ai, Inc. (“Percipient”). The petition and re-
 sponse were considered and thereafter referred to the cir-
 cuit judges in regular active service. A poll was requested
 and taken, and the court decided that the appeal warrants
 en banc consideration.
     Accordingly,
     IT IS ORDERED THAT:
     (1) The combined petition for panel rehearing and re-
 hearing en banc is granted. This case will be reheard en
 banc under 

 and Federal Rule of Appellate
 Procedure 35(a). The court en banc shall consist of all cir-
 cuit judges in regular active service who are not recused or
 disqualified, as well as any senior circuit judge who partic-
 ipated in the panel decision and elects to participate as a
 member of the court en banc, in accordance with the provi-
 sions of 

(c).



     1   Circuit Judge Newman did not participate.
Case: 23-1970     Document: 59      Page: 3    Filed: 11/22/2024




 PERCIPIENT.AI, INC. v. US                                    3



     (2) The panel opinion in Percipient.ai, Inc., v. United
 States, 

 (Fed. Cir. 2024), is vacated, and the
 appeal is reinstated.
     (3) The parties are requested to file new briefs, which
 shall be limited to standing under 

(b)(1)
 and address the following question: Who can be “an inter-
 ested party objecting to . . . any alleged violation of statute
 or regulation in connection with a procurement or a pro-
 posed procurement” under 

(b)(1)?
     (4) The court will not revisit and does not require ad-
 ditional briefing on the issues of task bar under the Federal
 Acquisition Streamlining Act of 1994 (FASA), 

(f); subject matter jurisdiction under 

(b)(1); and timeliness of claims under Blue & Gold
 Fleet, L.P. v. United States, 

 (Fed. Cir. 2007).
     (5) Percipient’s en banc opening brief is due 60 days
 from the date of this order. The United States’ en banc re-
 sponse is due within 45 days of service of Percipient’s en
 banc opening brief, and Percipient’s reply brief within 30
 days of service of the response brief. The parties may file
 a supplemental appendix, if necessary to cite additional
 material, within 7 days after service of the reply brief. The
 court requires 30 paper copies of all briefs and any appen-
 dices provided by the filer within 5 business days from the
 date of electronic filing of the document. The parties’ briefs
 must comply with Fed. Cir. R. 32(b)(1).
     (6) The court invites the views of amicus curiae. Any
 amicus briefs may be filed without consent and leave of the
 court. Any amicus brief supporting Percipient’s position or
 supporting neither position must be filed within 14 days
 after service of Percipient’s en banc opening brief. Any
 amicus brief supporting the United States’ position must
 be filed within 14 days after service of the United States’
 response brief. Amicus briefs must comply with Fed. Cir.
 R. 29(b).
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 4                                   PERCIPIENT.AI, INC. v. US




     (7) This case will be heard en banc on the basis of the
 briefing ordered herein and oral argument.
    (8) Oral argument will be held at a time and date to be
 announced later.




                                              FOR THE COURT




 November 22, 2024
       Date