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.