Tag Archives: kristina caggiano kelly

Government Abandons Prior Interpretation of 2006 Veterans Act in New Brief to the Supreme Court

In a brief filed with the Supreme Court on September 29, 2015 in the case Kingdomware Technologies, Inc. v. United States, 14-916, the government abandoned the restrictive interpretation of the 2006 Veterans Act that it pressed before the U.S. Court of Appeals for the Federal Circuit (background on the case may be found here). The 2006 Veterans Act requires that the VA prioritize competitive bidding by veteran-owned small businesses, but the VA has for years declined to follow that mandate to the full extent Congress required. In briefing before various courts, including the Supreme Court, the government had for several years (and as recently as May 1, 2015) contended that the VA was allowed to limit competitive bidding by veteran-owned small businesses for VA contracts, but the government has now – six weeks before oral argument before the Supreme Court – abandoned that position. Instead, the government now contends that VA “orders” that may be filled through the Federal Supply Schedule should be excluded from mandatory competitive bidding, while VA “contracts” should not. Continue reading Government Abandons Prior Interpretation of 2006 Veterans Act in New Brief to the Supreme Court

Supreme Court Grants Certiorari In Case Involving Competitive Bidding by Veteran-Owned Small Businesses

Today the Supreme Court granted certiorari in Kingdomware Technologies, Inc. v. United States (14-916), a case involving competitive bidding by veteran-owned small businesses and service-disabled veteran-owned small businesses.

Kingdomware seeks reversal of a 2-1 decision by the United States Court of Appeals for the Federal Circuit that limits the opportunities for veteran-owned small businesses to competitively bid for contracts with the Department of Veterans Affairs (“VA”).  Duane Morris LLP filed an amicus brief on behalf of a coalition of veteran-owned small businesses in support of Kingdomware.  The American Legion also filed an amicus brief in support of Kingdomware. Continue reading Supreme Court Grants Certiorari In Case Involving Competitive Bidding by Veteran-Owned Small Businesses

VA’s Restriction on Competitive Bidding by Veteran-Owned Small Businesses Challenged Before the Supreme Court

On May 1, 2015, the government is expected to submit its response to the petition for certiorari filed by Kingdomware Technologies, Inc., which seeks to reverse a 2-1 ruling by the U.S. Court of Appeals for the Federal Circuit in Kingdomware Technologies, Inc. v. United States, 754 F.3d 923 (Fed. Cir. 2014).  Kingdomware contends in its petition that the Federal Circuit’s decision improperly limits the opportunities for veteran-owned small businesses to competitively bid for contracts with the Department of Veterans Affairs (“VA”).

The Kingdomware petition is one to watch in light of the significant adverse impact imposed by the Federal Circuit’s ruling on veteran-owned small businesses.  If Kingdomware’s petition is granted, the Supreme Court will have the opportunity to restore the prospects for competitive bidding by veteran-owned small businesses to the full extent that Congress intended.  (Full disclosure:  Duane Morris LLP filed an amicus brief on behalf of a coalition of veteran-owned small businesses in support of Kingdomware.  The American Legion also filed an amicus brief in support of Kingdomware). Continue reading VA’s Restriction on Competitive Bidding by Veteran-Owned Small Businesses Challenged Before the Supreme Court