In the Senate of the United States,
September 30, 1996.
Resolved, That the bill from the House of Representa-
tives (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 follow-
ing new subsection;
HR 4194 EAS
‘‘(b)(1) Both the Unites States Court of Federal Claims
and the district courts of the United States shall have juris-
diction 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 sub-
section, the courts shall give due regard to the inter-
ests 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 amend-
ments made by this section shall take effect on December
HR 4194 EAS
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 ju-
risdiction 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 ac-
tion within the jurisdiction of that court on or before
HR 4194 EAS
December 31, 2000. Such orders shall continue in ef-
fect according to their terms until modified, termi-
nated, 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 con-
tinue with any proceeding that is pending before the
court on December 31, 2000.
(B) Orders may be issued in any such proceed-
ing, appeals may be taken therefrom, and payments
may be made pursuant to such orders, as if such ter-
mination had not occurred. An order issued in any
such proceeding shall continue in effect until modi-
fied, terminated, superseded, set aside, or revoked by
a court of competent jurisdiction or by operation of
law.
(C) Nothing in this paragraph prohibits the dis-
continuance 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
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(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.