United States Federal Circuit

In plaintiff's action against the United States under the Administrative Dispute Resolution Act, for refusing to consider its bid for the lease of the Naval Academy's dairy farm, decision of the US Court of Federal Claims dismissing the action for lack of subject matter jurisdiction is affirmed in part, reversed in part and remanded where: 1) the Court of Federal Claims correctly held that plaintiff's claim does not fall within the jurisdiction conferred by 28 U.S.C. section 1491(b)(1) as relief is unavailable outside the procurement context; and 2) implied-in-fact contract jurisdiction under section 1491(a)(1) that existed prior to 1996 survived the enactment of the ADRA as to claims where the new statute does not provide a remedy.

Appellate Information

• Decided 03/01/2010
• Published 03/01/2010

Judges

Court

• United States Federal Circuit

Counsel