Winston-Salem Industries for the Blind v. PDS Consultants Inc.

Issues: (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; and (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 the Javits-Wagner-O’Day Act, which directs the federal government to acquire certain goods and services exclusively from nonprofit entities that employ blind and severely disabled individuals, that dictate that agencies must acquire goods and services in the first instance using the AbilityOne Procurement List.