Supreme Court to Hear Bid Protest Case

This came from the GAO/COFC controversy, if I remember correctly. This will be the first SCOTUS "protest" ruling on the site, if I remember correctly, but I believe it will be in the next term.

This is the listing containing the Kingdomware protests. The last one is the one now before the Supreme Court. FAR 19.1405: Service-disabled veteran-owned small business set-aside procedures

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Bob: I have sent you an email containing Kingdomware's petition to the Supreme Court and the Government's opposing brief, so you can post them for those who might be interested.

Thank you Vern. I think the SCOTUS Blog has that information on its servers. Here is the docket with documents from SCOTUS Blog: Kingdomware Technologies, Inc

Several Briefs have been filed during August 2015 and they are available at the link I provided above.

The recent brief filed by the VA attempts to make a point that orders under the FSS or other MAS contracts are not contracts for the application of various statutes and regulations. Although this is not the main thrust of the case, it would be nice if we could get the Supreme Court to opine on this topic - of which we have had much fun here at wifcon.

http://www.scotusblog.com/wp-content/uploads/2015/10/14-916bsunitedstates.pdf

It appears that the Court may avoid a decision by declaring the case moot.

Not moot - game on.

Dec 23 2015 SET FOR ARGUMENT ON Monday, February 22, 2016

The arguments are taped but they usually aren't very interesting. I'm very surprised they didn't back away--yet.

Argument is scheduled for this Monday, February 22, 2016.

I just left the Supreme Court, fascinating to hear the Chief Justice's discuss the meaning of "shall" and questioning why agencies don't use more of the Federal Supply Schedules.

Here is the transcript.

http://www.supremecourt.gov/oral_arguments/argument_transcripts/14-916_c18e.pdf

I had to smile.  I was waiting for the SCOTUS release of new opinions in anticipation of a Kingdomware opinion.  On the site I was watching, there was a VA Procurement Analyst watching.  That person may be here too.

Anyway, no Kingdomware today.

The SC issued its decision today reversing the Federal Circuit.  The Court ruled that the VA set aside procedures are mandatory and that FSS orders are contracts.  Therefore, the rule of two applies to such orders.

Kingdomware was decided in favor of Kingdomware.

See SmallGovCon blog.