(Another) Kingdomware Shocker: Oral Argument Suspended

The Kingdomware SDVOSB/VOSB Supreme Court case, which had been scheduled for an oral argument on Monday November 9, is suddenly in a state of limbo.  In an order issued today, the Supreme Court yanked the case from its docket.  The Court directed the parties to submit briefs on whether the contracts in question have been fully performed, and if so, whether full performance renders the case moot.

For Kingdomware and veteran-owned companies everywhere, this is extremely troubling news.  If the Court believes that the case is moot, it will be dismissed–meaning that Kingdomware would lose the war without even getting its day in court.

Briefs from both sides are due November 20, and each side may reply by December 1.  I will keep you posted.

Kingdomware SDVOSB Case: Oral Argument Set For November 9

The U.S. Supreme Court will hear oral argument in the Kingdomware SDVOSB/VOSB case on November 9, 2015, according to the Supreme Court’s oral argument calendar.

I have filed an amicus brief on Kingdomware’s behalf, urging the Court to rule in favor of veteran-owned businesses.  I plan to attend the oral argument on the morning of the 9th and will describe my takeaways on SmallGovCon later that day.

Kingdomware SDVOSB Supreme Court Case: Read Our Amicus Brief

In Kingdomware Technologies, Inc. v. United States, the U.S. Supreme Court will answer a critical question: does the VA have to prioritize SDVOSBs and VOSBs in federal contracting?

As SmallGovCon readers know, I have been critical of the VA’s contention that it need not prioritize SDVOSBs and VOSBs.  Now, I have gone a step further.  Together with my colleagues at Koprince Law LLC, I have filed an amicus brief with the U.S. Supreme Court, asking the Court to overturn the lower court’s decision and rule in favor of veterans.

Want to read our full amicus brief?  Glad you asked–just click here.

Agency Pulls A Fast One At GAO–And Gets Caught

After a protest was filed at the GAO, a procuring agency delayed implementing the mandatory statutory suspension of work, then amended the awardee’s contract to permit the awardee to fully perform before the suspension actually kicked in.

Then the agency got caught.

In a recent decision, the GAO sustained a protest because the agency had circumvented the GAO’s bid protest process.  But while the agency got busted–a good thing–the penalty it will pay is less than satisfactory.

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Supreme Court Will Hear Kingdomware SDVOSB Dispute

The U.S. Supreme Court has agreed to hear an appeal filed by Kingdomware Technologies, Inc.

News outlets are reporting that the Supreme Court will take on the question of whether the VA’s “Veterans First” rules permit the VA to circumvent SDVOSBs by using the Federal Supply Schedule.  The case is an appeal from a 2014 decision of the U.S. Court of Appeals for the Federal Circuit, in which a three-judge panel ruled 2-1 in favor of the VA.

The Supreme Court grants only a small fraction of the petitions for certiorari filed with it, so just getting in the courthouse door is a victory of sorts for Kingdomware.

Much more on the pending Supreme Court case as I get the details.

VA CVE Improperly Disqualified SDVOSB, Says Federal Court

SDVOSBs—and basic fairness and common sense—were big winners in a recent decision issued by the U.S. Court of Federal Claims.

In its decision, the Court held that the VA’s Center for Verification and Evaluation violated the law when it disqualified a SDVOSB, without giving the SDVOSB the opportunity to contest the reasons for the disqualification. In an opinion reminiscent of last year’s landmark Miles Construction case, the Court then held that the CVE’s substantive reasons for the disqualification were arbitrary and unreasonable.
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Contractor Misrepresented VOSB Status For $152 Million Lease, Says VA OIG

The VA failed to verify the accuracy of a contractor’s representation that it was a veteran-owned small business, according to a new report issued by the VA’s Office of Inspector General.

According to the VA OIG, the VA failed to verify the claim of Westar Development Company, LLC to be a VOSB–and “[t]he evidence does not support a finding that Westar is or ever has been a Veteran-Owned Small Business.”   The VA’s failure to verify Westar’s VOSB status is just one of many serious flaws identified by the VA OIG in its audit of the award of a major VA lease to Westar.

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