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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4194 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 30, 1996.
      Resolved, That the bill from the House of Representatives (H.R. 
4194) entitled ``An Act to reauthorize alternative means of dispute 
resolution in the Federal administrative process, and for other 
purposes.'', do pass with the following

                               AMENDMENT:

            Page 12, after line 5 insert:

SEC. 12. JURISDICTION OF THE UNITED STATES COURT OF FEDERAL CLAIMS AND 
              THE DISTRICT COURTS OF THE UNITED STATES: BID PROTESTS.

    (a) Bid Protests.--Section 1491 of title 28, United States Code, is 
amended--
            (1) by redesignating subsection (b) as subsection (c);
            (2) in subsection (a) by striking out paragraph (3); and
            (3) by inserting after subsection (a), the following new 
        subsection;
    ``(b)(1) Both the Unites 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.''.
    (b) Effective Date.--This section and the amendments made by this 
section shall take effect on December 31, 1996 and shall apply to all 
actions filed on or after that date.
    (c) Study.--No earlier than 2 years after the effective date of 
this section, the United States General Accounting Office shall 
undertake a study regarding the concurrent jurisdiction of the district 
courts of the United States and the Court of Federal Claims over bid 
protests to determine whether concurrent jurisdiction is necessary. 
Such a study shall be completed no later than December 31, 1999, and 
shall specifically consider the effect of any proposed change on the 
ability of small businesses to challenge violations of Federal 
procurement law.
    (d) Sunset.--The jurisdiction of the district courts of the United 
States over the actions described in section 1491(b)(1) of title 28, 
United States Code (as amended by subsection (a) of this section) shall 
terminate on January 1, 2001 unless extended by Congress. The savings 
provisions in subsection (e) shall apply if the bid protest 
jurisdiction of the district courts of the United States terminates 
under this subsection.
    (e) Savings Provisions.--
            (1) Orders.--A termination under subsection (d) shall not 
        terminate the effectiveness of orders that have been issued by 
        a court in connection with an action within the jurisdiction of 
        that court on or before December 31, 2000. Such orders shall 
        continue in effect according to their terms until modified, 
        terminated, superseded, set aside, or revoked by a court of 
        competent jurisdiction or by operation of law.
            (2) Proceedings and applications.--(A) a termination under 
        subsection (d) shall not affect the jurisdiction of a court of 
        the United States to continue with any proceeding that is 
        pending before the court on December 31, 2000.
            (B) Orders may be issued in any such proceeding, appeals 
        may be taken therefrom, and payments may be made pursuant to 
        such orders, as if such termination had not occurred. An order 
        issued in any such proceeding shall continue in effect until 
        modified, terminated, superseded, set aside, or revoked by a 
        court of competent jurisdiction or by operation of law.
            (C) Nothing in this paragraph prohibits the discontinuance 
        or modification of any such proceeding under the same terms and 
        conditions and to the same extent that proceeding could have 
        been discontinued or modified absent such termination.
    (f) Nonexclusivity of GAO Remedies.--In the event that the bid 
protest jurisdiction of the district courts of the United States is 
terminated pursuant to subsection (d), then section 3556 of title 31, 
United States Code, shall be amended by striking ``a court of the 
United States or'' in the first sentence.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                               H. R. 4194

_______________________________________________________________________

                               AMENDMENT
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