28 U.S.C. § 1491 : US Code - Section 1491: Claims against United States generally; actions involving Tennessee Valley Authority
Search 28 U.S.C. § 1491 : US Code - Section 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.
(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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