Category Archives: Service-Disabled Veteran-Owned Small Businesses

Kingdomware’s Day In Court: Watch My Webinar

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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.

Kingdomware Gets Its Day In Court: My First Impressions

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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.

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Justice Scalia’s Passing & The Kingdomware Case

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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.

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SDVOSB Protests Versus Bid Protests: SBA OHA Provides Some Clarity

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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.

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It’s Baaaack: Kingdomware Case Set For Argument On February 22, 2016

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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.

SBA Lacks Authority Over VA SDVOSB Protests

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The SBA lacks authority to determine whether a company is an eligible service-disabled veteran-owned small business for purposes of a VA SDVOSB set-aside procurement.

In a recent decision, the SBA Office of Hearings and Appeals confirmed that the SBA lacks such authority, which is reserved solely for the VA’s Office of Small & Disadvantaged Business Utilization.

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VA & Kingdomware Agree: Supreme Court Case Isn’t Moot

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The VA and Kingdomware Technologies Inc. haven’t agreed on much in recent years, but in briefs filed with the Supreme Court on November 20, 2015, they agree on one thing: the pending Kingdomware Supreme Court case is not moot.

Hopefully, the fact that neither party wants the case dismissed on a technicality will help convince the Court to decide Kingdomware on the merits.

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