With July 4th around the corner, we wanted to remind everyone of the government contracting opportunities available to our nation’s veterans, including the SDVOSB Program. In this video, I cover how the SDVOSB Program has changed over time and how it works now:
If you are a veteran in need of assistance with government contracting matters, check out how we can help here.
For Fiscal Year 2017, SBA’s small business goaling scorecard awarded 21 agencies grades of “A+” or “A” for their small business contracting and subcontracting. Two agencies received a “B” and a single, lonely agency brought up the rear with a “C.” Not one agency received a grade below “C,” even agencies that missed most of their small business goals.
It was a “record breaking” performance, to hear SBA tell it. But these inflated grades do a disservice to the public and government alike. So long as almost everyone is going to get a top grade anyway, I say we just replace next year’s SBA goaling grades with agency participation trophies.
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.
In a stunning development in the Kingdomware SDVOSB/VOSB Supreme Court case, the Government has abandoned the argument that the statutory preference for veteran-owned companies applies only if the VA has not met its SDVOSB or VOSB contracting goals.
Although this argument was hotly debated, it was successful both at the Court of Federal Claims and again at the Federal Circuit. But now, just weeks away from oral arguments, the Government’s Supreme Court brief jettisons the Government’s own previously successful argument in favor of an entirely different rationale for refusing to honor the statutory SDVOSB and VOSB preferences.
The last-minute, wholesale substitution of arguments doesn’t say much for the Government’s confidence in its case. And on the merits, the Government’s new argument is no better than the one it has abruptly abandoned.
The VA’s decision not to issue a SDVOSB set-aside was improper because the VA adopted an unreasonably narrow approach to determining whether two or more SDVOSBs were likely to submit proposals.
In a recent bid protest decision, the GAO held that the VA’s narrow market research did not support its set-aside determination. And in so holding, the GAO reaffirmed its position that the VA must put “veterans first” in federal procurements.
Later this year, the Supreme Court will take up the case of Kingdomware Technologies, Inc. v. United States. The Court will decide whether the U.S. Court of Appeals for the Federal Circuit was correct to find that the VA need not give SDVOSBs and VOSBs a contracting preference so long as the VA is meeting its SDVOSB and VOSB goals.