VA, Kingdomware agree: Supreme Court case not moot

In the upcoming Supreme Court landmark case regarding veterans’ small business federal contracting, both parties now agree that the case is not “moot.”

The court unexpectedly had delayed oral arguments on the Kingdomware Technologies Inc. vs. United States (Veterans Affairs Department) case because of a concern that the issues might be moot, or insignificant, if the contracts in the case already have been performed.

In new briefs to the court, the VA stated that the contracts have been performed; additionally, both the VA and Kingdomware argued that the case is not moot and should proceed. If the court were to judge the case moot, the case would be dismissed.

Both sides basically agreed that the scenario under dispute is likely to recur; thus, it is a dispute meeting the legal standard of “capable of repetition, yet evading review,” and is not moot.

The VA said the court should either reschedule the case for argument and affirm the government’s position, or vacate the judgment to allow the U.S. Court of Appeals for the Federal Circuit to decide the mootness issue. Each side is to submit a reply brief this week.

More information: See Set-Aside Alert edition of Nov. 6, 2015

Congress has a Dec. 11 deadline

VA, Kingdomware agree: Supreme Court case not moot

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