§ 1491.
Claims against United States generally; actions involving Tennessee Valley Authority
(b)
(1)
Both the Unites
2
So in original. Probably should be “United”.
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.
(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.
(5)
If an interested party who is a member of the private sector commences an action described in paragraph (1) with respect to a public-private competition conducted under Office of Management and Budget Circular A–76 regarding the performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees
to private sector performance without a competition under Office of Management and Budget Circular A–76, then an interested party described in
(6)
Jurisdiction over any action described in paragraph (1) arising out of a maritime contract, or a solicitation for a proposed maritime contract, shall be governed by this section and shall not be subject to the jurisdiction of the district courts of the United States under the Suits in Admiralty Act (chapter 309 of title 46) or the Public Vessels Act (chapter 311 of title 46).
([June 25, 1948, ch. 646], [62 Stat. 940]; [July 28, 1953, ch. 253, § 7], [67 Stat. 226]; [Sept. 3, 1954, ch. 1263, § 44(a)], (b), [68 Stat. 1241]; [Pub. L. 91–350, § 1(b)], July 23, 1970, [84 Stat. 449]; [Pub. L. 92–415, § 1], Aug. 29, 1972, [86 Stat. 652]; [Pub. L. 95–563, § 14(i)], Nov. 1, 1978, [92 Stat. 2391]; [Pub. L. 96–417, title V, § 509], Oct. 10, 1980, [94 Stat. 1743]; [Pub. L. 97–164, title I, § 133(a)], Apr. 2, 1982, [96 Stat. 39]; [Pub. L. 102–572, title IX], §§ 902(a), 907(b)(1), Oct. 29, 1992, [106 Stat. 4516], 4519; [Pub. L. 104–320, § 12(a)], Oct. 19, 1996, [110 Stat. 3874]; [Pub. L. 110–161, div. D, title VII, § 739(c)(2)], Dec. 26, 2007, [121 Stat. 2031]; [Pub. L. 110–181, div. A, title III, § 326(c)], Jan. 28, 2008, [122 Stat. 63]; [Pub. L. 110–417], [div. A], title X, § 1061(d), Oct. 14, 2008, [122 Stat. 4613]; [Pub. L. 111–350, § 5(g)(7)], Jan. 4, 2011, [124 Stat. 3848]; [Pub. L. 112–81, div. A, title VIII, § 861(a)], Dec. 31, 2011, [125 Stat. 1521].)