Veteran Owned Small Businesses Receive Big Win

Posted by David Rose | Jun 17, 2016 | 0 Comments

A case that has been brewing through the Government Accounting Office, then through the Federal Courts System since 2012 finally reached resolution. Not soon enough to save the award for Kingdomware Technologies, Inc., a service-disabled veteran owned small business that was wronged by the VA and its attorneys but one that will remedy this wrong for all future Veteran Owned small businesses – Thank you Kingdomware!

In 2012, Kingdomware protested the VA's move to send contracts away from veteran-owned companies (yes the VA is supposed to be there to help Veterans – I know) to Federal Supply Schedules. Their thinking, as bizarre as this sounds, was to make the administration of contracts to “help” veterans (their mission after all) easier and even possibly to save money by using the GSA Schedules in lieu of Veteran Owned Companies. Of course the obvious question outside the law is, “If the VA does not want to use veterans, who will?”

At long last; however, the Congressionally mandated requirement to set-aside all contracts issued by the VA, that meet two criteria has been enforced. These requirements are: 1) the contracting officer reasonably expects that two or more Veteran Owned Small Businesses or Service Disabled Veteran Owned Businesses will submit an offer and 2) that the award, if made to one of them, or other similar bidders, can be made at a fair and reasonable price that offers best value to the United States. 38 U.S.C. 8127(d).

As a Lt Colonel if the Air Force Reserves and adamant believer in the necessity of small business in our country, I am proud of Justice Thomas and the other Justices for ferreting out the intent of Congress and providing guidance to the VA and its legal staff who fought so hard to cut veterans out of the VA. President Bush did a wonderful job picking you, sir.

Here is a link to the decision

About the Author

David Rose

David A. Rose, Esq., is a senior member of the firm practicing throughout the United States and internationally based in Georgia. In addition to Federal Contracts and Procurement law, he assists companies and corporations with business formation issues (LLCs, Domestic Corporations, Joint Ventures, Teaming Arrangements, 8(a) and Small Disadvantaged Applications to SBA, Mentor Protégé, Affiliation and Ostensible Subcontractor Issues, etc.) and with the establishment of subsidiary entities in foreign locations from the Caribbean to the Mid and Far East. With more than 20 years of experience, the former Deputy General Counsel (Deputy Staff Judge Advocate) of the Air Force Center for Engineering and Environmental Excellence, oversaw the legal program for execution of over $4 Billion in Federal contracts each year. Dave has served at senior positions in Korea, Japan, Germany, Great Britain and the Pentagon and now brings that breadth of knowledge and experience to the commercial sector. His background is complemented by degrees in chemistry, mathematics, a jurisdoctorate, and post doctoral degrees in environmental law and procurement law from George Washington University. He was most recently selected as the 2011 SAME National Industry Small Business Advocate. He is active in the State Bar of Georgia, US Court of Federal Claims, US Tax Court, Armed Services Board of Contract Appeals, Fulton County Bar Association, the Society of American Military Engineers, the American Society of Civil Engineers, and the Judge Advocates Association. He currently holds the active rank of Lt Col in the United States Air Force Reserves and the position of Deputy Staff Judge Advocate (Cat A) to the Headquarters, United States Air Force Reserves where he is one of the primary legal advisers to the Commanding Officer of the Air Force Reserves, Lt General Scobee.


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