The Supreme Court’s now-famous Kingdomware decision doesn’t affect the timeliness of SBA size protests of GSA Schedule orders.
In a recent decision, the SBA Office of Hearings and Appeals rejected the notion–based in part on Kingdomware–that an GSA Schedule order is a “contract” for purposes of the SBA’s size protest timeliness rules. Instead, OHA held, the SBA’s existing rules clearly distinguish between contracts and orders, and often effectively do not permit size protests of individual orders.
The 8(a) Program has survived a major challenge to its constitutionality–but the legal battle over the 8(a) Program’s future may well continue.
On Friday, a two-judge majority of the U.S. Court of Appeals for the D.C. Circuit held that the statute that creates the 8(a) Program is not unconstitutional. While the D.C. Circuit’s decision is a big win for proponents of the 8(a) Program, the limited scope of the ruling–and a sharp dissent from that ruling–signal that the fight over the future of the 8(a) Program may not be over.
SDVOSBs and VOSBs are big winners today, as the Supreme Court unanimously ruled that the VA’s “rule of two” is mandatory, and applies to all VA procurements–including GSA Schedule orders.
The Supreme Court’s decision in Kingdomware Technologies, Inc. v. United States, No. 14-916 (2016) means that the VA will be required to truly put “Veterans First” in all of its procurement actions–which is what Kingdomware, and many veterans’ advocates, have fought for all along.
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.