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