Sec. 1491. Claims against United States generally; actions
involving Tennessee Valley Authority
- (a)
- (1) The United States Court of Federal Claims shall have jurisdiction to
render judgment upon any claim against the United States founded either upon
the Constitution, or any Act of Congress or any regulation of an executive
department, or upon any express or implied contract with the United States,
or for liquidated or unliquidated damages in cases not sounding in tort. For
the purpose of this paragraph, an express or implied contract with the Army
and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges,
Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and
Space Administration shall be considered an express or implied contract with
the United States.
- (2) To provide an entire remedy and to complete the
relief afforded by the judgment, the court may, as an incident of and
collateral to any such judgment, issue orders directing restoration to
office or position, placement in appropriate duty or retirement status, and
correction of applicable records, and such orders may be issued to any
appropriate official of the United States. In any case within its
jurisdiction, the court shall have the power to remand appropriate matters
to any administrative or executive body or official with such direction as
it may deem proper and just. The Court of Federal Claims shall have
jurisdiction to render judgment upon any claim by or against, or dispute
with, a contractor arising under section 10(a)(1) of the Contract Disputes
Act of 1978, including a dispute concerning termination of a contract,
rights in tangible or intangible property, compliance with cost accounting
standards, and other nonmonetary disputes on which a decision of the
contracting officer has been issued under section 6 of that Act.
- (b)
- (1) Both the Unites [1]
States Court of Federal Claims and the district courts of the United States
shall have jurisdiction to render judgment on an action by an interested
party objecting to a solicitation by a Federal agency for bids or proposals
for a proposed contract or to a proposed award or the award of a contract or
any alleged violation of statute or regulation in connection with a
procurement or a proposed procurement. Both the United States Court of
Federal Claims and the district courts of the United States shall have
jurisdiction to entertain such an action without regard to whether suit is
instituted before or after the contract is awarded.
[1]
So in original. Probably should be ''United''.
- (2) To afford relief in such an action, the courts may
award any relief that the court considers proper, including declaratory and
injunctive relief except that any monetary relief shall be limited to bid
preparation and proposal costs.
- (3) In exercising jurisdiction under this subsection,
the courts shall give due regard to the interests of national defense and
national security and the need for expeditious resolution of the action.
- (4) In any action under this subsection, the courts
shall review the agency's decision pursuant to the standards set forth in
section 706 of
title 5.
- (c) Nothing herein shall be construed to give the United
States Court of Federal Claims jurisdiction of any civil action within the
exclusive jurisdiction of the Court of International Trade, or of any action
against, or founded on conduct of, the Tennessee Valley Authority, or to amend
or modify the provisions of the Tennessee Valley Authority Act of 1933 with
respect to actions by or against the Authority.
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