As few as two common outside investments can result in a presumption of identity of interest, and therefore likely affiliation, according to a recent decision by the Small Business Administration Office of Hearings and Appeals.
OHA’s decision in W. Harris, Government Services Contractor, Inc., SBA No. SIZ-5717 (Mar. 7, 2016), lends some clarity to the SBA’s identity of interest affiliation rule, which provides that businesses or firms are affiliated when they have identical or substantially identical business interests. Although it brings the rule more into focus, the decision in W. Harris could prove troublesome to some small business owners, who may have assumed that a handful of common outside investments would not result in affiliation.
Last week, I offered my take on the February 22, 2016 oral argument in Kingdomware Technologies, Inc. v. United States. Now you can listen for yourself.
The Supreme Court has posted an audio recording of the hearing, as well as the transcript. To listen to the audio or read the transcript, just follow this link.
Monday was a big day for SDVOSBs and VOSBs, as the Supreme Court heard oral arguments in Kingdomware v. United States. I was in the courtroom for the oral arguments, and yesterday I gave a webinar on the case.
The webinar explains the factual and legal importance of Kingdomware, discusses my impressions from the oral argument, and answers many great questions posed by audience members. The webinar is now available on the Koprince Law LLC YouTube channel. To view it, just follow this link. And of course, bookmark our YouTube channel for other videos and webinars about important government contracting legal matters.
The Supreme Court heard oral arguments in Kingdomware Technologies Inc., v. United States this morning. I was in the courtroom as counsel for Kingdomware and the government did their best to answer the questions of eight Justices.
Here are my first impressions.
As the nation pauses to remember Justice Antonin Scalia, SDVOSBs and VOSBs are already asking: what does Justice Scalia’s passing mean for Kingdomware v. United States, which is currently scheduled for oral argument on February 22?
Good question. Here’s what I know now, plus a little speculation to boot.
A protest challenging a company’s status as a service-disabled veteran-owned small business is not the same as a protest challenging other aspects of an agency’s award decision (such as the evaluation of the protester’s proposal)–and these differences can determine whether a protest is timely and correctly filed.
In a recent case, the SBA Office of Hearings and Appeals provided some clarity on key differences between SDVOSB protests and bid protests, including important limits on the SBA’s jurisdiction.
The Supreme Court will decide the Kingdomware SDVOSB/VOSB case on its merits after all. According to the Supreme Court’s just-released calendar, the Court will hear oral argument in Kingdomware Technologies v. United States on February 22, 2016.
The Supreme Court’s decision is good news for SDVOSBs and VOSBs, which got a bit of a scare when the Supreme Court abruptly yanked the case from its docket in November. But after Kingdomware and the VA filed briefs agreeing that the case should not be dismissed on a technicality, the Court has decided to move ahead.
I plan to be in the Supreme Court for oral argument on the 22nd, and will update SmallGovCon later that day with my take on the proceedings.