Decided
Kingdomware Technologies Inc. v. United States
Holding
(1) The Court has jurisdiction to reach the merits of this case because it is reasonable to expect that the federal government will refuse to apply the Rule of Two -- which provides that a contracting officer award contracts by restricting competition for contracts to veteran-owned small businesses if the officer reasonably expects that at least two such businesses will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States -- in a future bid by Kingdomware Technologies, Inc.; and (2) the contracting procedures under Section 8127(d) of the Veterans Benefits, Health Care, and Information Technology Act are mandatory and apply to all contracting determinations by the Department of Veterans Affairs.
Judgment
Reversed and remanded, 8-0, in an opinion by Clarence Thomas on Jun 16, 2016.
Related Coverage
Nov 14, 2014Application (14A519) to extend the time to file a petition for a writ of certiorari from December 9, 2014 to January 8, 2015, submitted to The Chief Justice.
Nov 18, 2014Application (14A519) granted by The Chief Justice extending the time to file until January 8, 2015.
Dec 22, 2014Application (14A519) to extend further the time from January 8, 2015 to January 29, 2015, submitted to The Chief Justice.
Dec 29, 2014Application (14A519) granted by The Chief Justice extending the time to file until January 29, 2015.
Jan 29, 2015Petition for a writ of certiorari filed. (Response due March 2, 2015)
Feb 2, 2015Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner Kingdomware Technologies, Inc.
Feb 25, 2015Order extending time to file response to petition to and including April 1, 2015.
Mar 2, 2015Brief amicus curiae of American Legion filed.
Mar 2, 2015Brief amici curiae of National Veteran Small Business Coalition, et al. filed.
Mar 20, 2015Order further extending time to file response to petition to and including May 1, 2015.
May 1, 2015Brief of respondent United States in opposition filed.
May 18, 2015Reply of petitioner Kingdomware Technologies, Inc. filed.
May 19, 2015DISTRIBUTED for Conference of June 4, 2015.
Jun 2, 2015Rescheduled.
Jun 8, 2015DISTRIBUTED for Conference of June 11, 2015.
Jun 15, 2015DISTRIBUTED for Conference of June 18, 2015.
Jun 22, 2015Petition GRANTED.
Jul 28, 2015The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 18, 2015.
Jul 28, 2015The time to file respondent's brief on the merits is extended to and including September 29, 2015.
Aug 4, 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 5, 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent
Aug 18, 2015Joint appendix filed (Statement of costs filed).
Aug 18, 2015Brief of petitioner Kingdomware Technologies, Inc. filed.
Aug 24, 2015Brief amicus curiae of Steven J. Koprince filed.
Aug 25, 2015Brief amicus curiae of American Legion filed.
Aug 25, 2015Brief amici curiae of National Veteran Small Business Coalition, et al. filed.
Aug 25, 2015Brief amici curiae of Iraq and Afghanistan Veterans of America filed.
Aug 25, 2015Brief amici curiae of Members of Congress filed.Aug 25, 2015Brief amicus curiae of The Federal Circuit Bar Association filed.
Aug 25, 2015Brief amici curiae of Paralyzed Veterans of America, et al. filed.
Sep 9, 2015SET FOR ARGUMENT on Monday, November 9, 2015
Sep 10, 2015Record requested from the U.S.C.A. Federal Circuit.
Sep 10, 2015Record requested from the U.S.C.A. Federal Circuit is electronic and located on PACER.
Sep 29, 2015Brief of respondent the United States filed.
Oct 2, 2015CIRCULATED
Oct 27, 2015Reply of petitioner Kingdomware Technologies, Inc. filed. (Distributed)Nov 4, 2015This case is removed from the argument calendar for Monday, November 9, 2015. The parties are directed to file supplemental briefs addressing the following question: "Whether the Department of Veterans Affairs procurements at issue in this case have been fully performed, and if so, whether the case is moot. The briefs, limited to 6,000 words each, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before Friday, November 20, 2015. Reply briefs, not to exceed 3,000 words each, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before Tuesday, December 1, 2015.
Nov 20, 2015Letter from the Solicitor General proposing a lodging consisting of a declaration by Corydon Ford Heard III, Associate Deputy Assistant Secretary for Procurement Policy, Systems, and Oversight within the Office of Acquisition and Logistics of the United States Department of Veterans Affairs.
Nov 20, 2015Supplemental brief of petitioner Kingdomware Technologies, Inc. filed. (Distributed)Nov 20, 2015Supplemental brief for the United States filed. (Distributed)Nov 20, 2015Letter from counsel for the petitioner proposing a lodging consisting of a declaration by Timothy Barton, the Chief Executive Officer of Kingdomware.
Dec 1, 2015Supplemental reply brief of respondent United States filed. (Distributed)Dec 1, 2015Supplemental reply brief of petitioner Kingdomware Technologies, Inc. filed. (Distributed)Dec 23, 2015SET FOR ARGUMENT ON Monday, February 22, 2016
Jan 15, 2016CIRCULATED.
Feb 22, 2016Argued. For petitioner: Thomas G. Saunders, Washington, D. C. For respondent: Zachary D. Tripp, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Mar 25, 2016The Clerk has approved petitioner's proposal to lodge copies of the Declaration of Timothy Barton. Lodging distributed.
Mar 25, 2016The Clerk has approved respondent's proposal to lodge copies of the Declaration of Corydon Ford Heard III. Lodging distributed.
Jun 16, 2016Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court.
Jul 18, 2016JUDGMENT ISSUED
Recommended Citation: Kingdomware Technologies Inc. v. United States, SCOTUSblog, https://www.scotusblog.com/cases/kingdomware-technologies-inc-v-united-states/