December 4, 2015
VA & Kingdomware Agree: Supreme Court Case Isn’t Moot
Source: SmallGovCon, Steven Koprince, November 24, 2015
The VA and Kingdomware Technologies Inc. haven’t agreed on much in recent years, but in briefs filed with the Supreme Court on November 20, 2015, they agree on one thing: the pending Kingdomware Supreme Court case is not moot.
Hopefully, the fact that neither party wants the case dismissed on a technicality will help convince the Court to decide Kingdomware on the merits.
As you may recall, shortly before the Supreme Court was to hear oral argument earlier this month, the Court issued an order removing the case from its docket. The Court asked the parties to submit briefs on whether the contracts in question have been fully performed, and if so, whether full performance renders the case moot.
Well, those briefs are in–and Kingdomware and the United States agree that the case is not moot.
In its well-written brief, Kingdomware argues that, even assuming that the contracts have been fully performed, the case fits into a mootness exception for disputes “capable of repetition” while “evading review.” In other words, Kingdomware argues, the contracts in question here (primarily low-dollar, short-duration GSA Schedule orders) are too short in duration to still be ongoing by the time a new case were to be litigated all the way to the Supreme Court. Additionally, Kingdomware contends, the injury at the heart of its case–the VA’s decision to order from the GSA Schedule without applying the “rule of two” preference–is likely to be repeated. Read More …
How will the ruling affect upcoming GSA Schedules? Contact your nearest PTAC if you have questions about this.
For help with Government Contracting: contact your nearest Procurement Technical Assistance Center (PTAC). Funded through Cooperative Agreements between the U.S. Department of Defense and state and local governments/institutions, PTACs provide free and low-cost assistance in virtually all areas of government contracting.