Kingdomware Technologies, Inc. v. United States of America
Issues
Does the Veterans Act of 2006 allow the Department of Veterans Affairs discretion in deciding whether to award a contract to a veteran-owned business?
The Supreme Court will consider whether the 2006 Veterans Act (the “Veterans Act”) always requires the Department of Veteran Affairs (the “VA”) to award its contracts to veteran-owned small businesses. See Brief for Petitioner, Kingdomware Technologies, Inc. at i. Kingdomware, a veteran-owned small business, maintains that the language, purpose, and history of the Veterans Act verify that the requirement is mandatory. See Brief for Petitioner at 28. The United States, as respondent, maintains that the Veterans Act’s contract-awarding procedure does not apply when the VA places orders under pre-existing Federal Supply Schedule contracts. See Brief for Respondent, United States of America at 25. Further, the United States asserts that the VA’s interpretation of the Veterans Act is reasonable and warrants judicial deference. See Brief for Respondent at 47. The Court’s decision in this case could significantly affect the business opportunities available to veterans and the VA’s ability to provide efficient and cost-effective services. See Brief of Amici Curiae National Veteran Small Business Coalition et al. (“NVSBC”), in Support of Petitioner at 12; see Brief for Respondent at 39.
Questions as Framed for the Court by the Parties
Did the Federal Circuit err in construing the 2006 Veterans Act's mandatory set-aside restricting competition for Department of Veterans Affairs’ contracts to veteran-owned small businesses as discretionary?
In January 2012, the Department of Veteran Affairs (“VA”) decided to obtain an Emergency Notification System (“ENS”) for several of its medical centers and outpatient clinics. Kingdomware Techs., Inc. v. United States, 107 Fed. Cl. 226, 235 (Fed. Cl.
Edited by
Additional Resources
- Lyle Denniston: Court To Rule On Veterans’ Rights In Business, Supreme Court of the United States blog (Jun. 22, 2015).
- Bryan Koenig: VA Has Discretion In Vet Contract Awards, Justices Told, Law360 (Oct. 6, 2015).
- Rebecca McCray: VA Must Consider Vet-Owned Contractors, High Court Told, Law360 (Feb. 6, 2015).