Whether the Tucker Act's grant of bid protest jurisdiction extends to challenges to federal agency acquisition policies and practices outside a specific solicitation or contract award

QUESTIONS PRESENTED Congress enacted the Javits-Wagner-O’Day Act (“JWOD”), 41 U.S.C. § 8501 et seq., to increase employment for individuals who are blind and severely disabled, two groups that have been chronically underemployed throughout history. JWOD furthers its mission by requiring that the federal government acquire certain goods and services exclusively from nonprofit entities that employ blind and severely disabled individuals. Congress also enacted a small business contracting preference for veterans in 38 U.S.C. § 8127(d), which requires the Department of Veterans Affairs (the “VA”) to prioritize veteranowned small businesses in all restricted competitions for the purchase of goods and services. The issues in this case are: 1. Whether the Tucker Act’s grant of bid protest jurisdiction to the Court of Federal Claims extends to suits that challenge the lawfulness of a federal agency’s acquisition policies and practices, and their underlying statutory foundation, outside the context of a specific solicitation regarding, or the award of, a government contract. 2. Whether Congress intended 38 U.S.C. § 8127(d)’s competitive-bidding preference for providers owned and controlled by veterans to trump the mandatory requirements of JWOD that dictate that agencies must acquire goods and services in the first instance using the AbilityOne Procurement List. (i)