Did VA change its stance in Supreme Court case?

The Veterans Affairs Department has presented two recent versions of its arguments defending its approach to preferences for veteran-owned small business contracting under a 2006 law.

One of the VA briefs dates from May 1, while the other is from Sept. 29, according to the SCOTUS Blog, which has posted both briefs online (http://goo.gl/LPuHiu).

The VA’s May 1 brief asserts that Congress meant for the VA’s obligations to SDVOSB contracting to be in effect only until its SDVOSB annual goals are met.

In its most recent argument, the VA contends its FSS orders are exempt under the 2006 law.

According to Thomas Saunders, counsel of record for Kingdomware, the VA has made an “important concession” in its revised argument, Saunders told Set-Aside Alert in an exclusive email interview.

“The government has changed its position,” Saunders wrote.

“In the U.S. Court of Appeals for the Federal Circuit, it argued that the VA-specific Rule of Two is tied to the VA’s annual goals and is mandatory only when the government decides that using the Rule of Two would help meet those goals. The government has now abandoned that position and concedes that the VA must apply 8127(d)’s Rule of Two to all open-market purchases...even if it is clear that the Secretary’s goals for a particular year will be achieved,” Saunders wrote.

“Despite making that important concession, the government contends that the Rule of Two does not apply to Federal Supply Schedule orders,” Saunders continued, adding that Kingdomware disagrees.

Kingdomware has filed a new brief with the court to respond to the VA’s modified stance.

VA officials were not immediately available. VA officials previously declined to comment further on Kingdomware.

More Information: VA brief: http://goo.gl/yabqfw
Kingdomware brief: http://goo.gl/f1CFjt

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Correction: The Set-Aside Alert edition of Oct. 23 should have identified former House Speaker Rep. John Boehner as a Republican from Ohio. We apologize for the error.