Supreme Court Decision Could Affect Broader Procurement Regulations


July 15, 2016

SBA to Interpret Supreme Court Contractor Ruling for Small Business

Source: Government Executive, Charles S. Clark, June 28, 2016U.S. SBA

This month’s Supreme Court decision requiring the Veterans Affairs Department to expand set-asides for veteran-owned small businesses could affect broader procurement regulations across government, a Small Business Administration official said on Tuesday.

John Shoraka, associate administrator of SBA’s Office of Government Contracting and Business Development, told Government Executive at a contractors networking event that “the path forward is that we have to interpret how the decision impacts the Small Business Act.”

The court’s June 16 decision in Kingdomware Technologies Inc. v. the United States determined that the so-called “rule of two” requirement that the VA consider at least two bidding contractor firms (and apply a set-aside to the one that qualifies) must apply to supply orders as well as contracts.

“There was a perception that a [pre-existing schedule] order was not a contract, so the rule didn’t apply,” Shoraka told the audience. “But the Supreme Court says it is a contract, so now we know,” and the department must pick the veteran-owned small business assuming it offers a reasonable price.  READ MORE….

 Contact your nearest PTAC to learn more about government contracting and how the Supreme Court ruling might affect your business.


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