Kingdomware Technologies Inc. v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-916 | Fed. Cir. | Feb 22, 2016 | Jun 16, 2016 | 8-0 | Thomas | OT 2015 |
Holding: (1) The Court has jurisdiction to reach the merits of this case because it is reasonable to expect that the federal government will refuse to apply the Rule of Two -- which provides that a contracting officer award contracts by restricting competition for contracts to veteran-owned small businesses if the officer reasonably expects that at least two such businesses will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States -- in a future bid by Kingdomware Technologies, Inc.; and (2) the contracting procedures under Section 8127(d) of the Veterans Benefits, Health Care, and Information Technology Act are mandatory and apply to all contracting determinations by the Department of Veterans Affairs.
Judgment: Reversed and remanded, 8-0, in an opinion by Justice Thomas on June 16, 2016.
SCOTUSblog Coverage
- Opinion analysis: Unanimous Court hands victory to veterans in contracting dispute (Amy Howe, June 16, 2016)
- Argument analysis: No clear winner in VA contracting case (Amy Howe, February 22, 2016)
- Argument preview: Dispute over scope of veterans’ set-asides (Amy Howe, February 19, 2016)
- Veteran contracts case may end (Lyle Denniston, November 4, 2015)
- Court to rule on veterans' rights in business (Lyle Denniston, June 22, 2015)
| Date | Proceedings and Orders |
|---|---|
| Nov 14 2014 | Application (14A519) to extend the time to file a petition for a writ of certiorari from December 9, 2014 to January 8, 2015, submitted to The Chief Justice. |
| Nov 18 2014 | Application (14A519) granted by The Chief Justice extending the time to file until January 8, 2015. |
| Dec 22 2014 | Application (14A519) to extend further the time from January 8, 2015 to January 29, 2015, submitted to The Chief Justice. |
| Dec 29 2014 | Application (14A519) granted by The Chief Justice extending the time to file until January 29, 2015. |
| Jan 29 2015 | Petition for a writ of certiorari filed. (Response due March 2, 2015) |
| Feb 2 2015 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner Kingdomware Technologies, Inc. |
| Feb 25 2015 | Order extending time to file response to petition to and including April 1, 2015. |
| Mar 2 2015 | Brief amicus curiae of American Legion filed. |
| Mar 2 2015 | Brief amici curiae of National Veteran Small Business Coalition, et al. filed. |
| Mar 20 2015 | Order further extending time to file response to petition to and including May 1, 2015. |
| May 1 2015 | Brief of respondent United States in opposition filed. |
| May 18 2015 | Reply of petitioner Kingdomware Technologies, Inc. filed. |
| May 19 2015 | DISTRIBUTED for Conference of June 4, 2015. |
| Jun 2 2015 | Rescheduled. |
| Jun 8 2015 | DISTRIBUTED for Conference of June 11, 2015. |
| Jun 15 2015 | DISTRIBUTED for Conference of June 18, 2015. |
| Jun 22 2015 | Petition GRANTED. |
| Jul 28 2015 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 18, 2015. |
| Jul 28 2015 | The time to file respondent's brief on the merits is extended to and including September 29, 2015. |
| Aug 4 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| Aug 5 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent |
| Aug 18 2015 | Joint appendix filed (Statement of costs filed). |
| Aug 18 2015 | Brief of petitioner Kingdomware Technologies, Inc. filed. |
| Aug 24 2015 | Brief amicus curiae of Steven J. Koprince filed. |
| Aug 25 2015 | Brief amicus curiae of American Legion filed. |
| Aug 25 2015 | Brief amici curiae of National Veteran Small Business Coalition, et al. filed. |
| Aug 25 2015 | Brief amici curiae of Iraq and Afghanistan Veterans of America filed. |
| Aug 25 2015 | Brief amici curiae of Members of Congress filed. |
| Aug 25 2015 | Brief amicus curiae of The Federal Circuit Bar Association filed. |
| Aug 25 2015 | Brief amici curiae of Paralyzed Veterans of America, et al. filed. |
| Sep 9 2015 | SET FOR ARGUMENT on Monday, November 9, 2015 |
| Sep 10 2015 | Record requested from the U.S.C.A. Federal Circuit. |
| Sep 10 2015 | Record requested from the U.S.C.A. Federal Circuit is electronic and located on PACER. |
| Sep 29 2015 | Brief of respondent the United States filed. |
| Oct 2 2015 | CIRCULATED |
| Oct 27 2015 | Reply of petitioner Kingdomware Technologies, Inc. filed. (Distributed) |
| Nov 4 2015 | This case is removed from the argument calendar for Monday, November 9, 2015. The parties are directed to file supplemental briefs addressing the following question: "Whether the Department of Veterans Affairs procurements at issue in this case have been fully performed, and if so, whether the case is moot. The briefs, limited to 6,000 words each, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before Friday, November 20, 2015. Reply briefs, not to exceed 3,000 words each, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before Tuesday, December 1, 2015. |
| Nov 20 2015 | Letter from the Solicitor General proposing a lodging consisting of a declaration by Corydon Ford Heard III, Associate Deputy Assistant Secretary for Procurement Policy, Systems, and Oversight within the Office of Acquisition and Logistics of the United States Department of Veterans Affairs. |
| Nov 20 2015 | Supplemental brief of petitioner Kingdomware Technologies, Inc. filed. (Distributed) |
| Nov 20 2015 | Supplemental brief for the United States filed. (Distributed) |
| Nov 20 2015 | Letter from counsel for the petitioner proposing a lodging consisting of a declaration by Timothy Barton, the Chief Executive Officer of Kingdomware. |
| Dec 1 2015 | Supplemental reply brief of respondent United States filed. (Distributed) |
| Dec 1 2015 | Supplemental reply brief of petitioner Kingdomware Technologies, Inc. filed. (Distributed) |
| Dec 23 2015 | SET FOR ARGUMENT ON Monday, February 22, 2016 |
| Jan 15 2016 | CIRCULATED. |
| Feb 22 2016 | Argued. For petitioner: Thomas G. Saunders, Washington, D. C. For respondent: Zachary D. Tripp, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Mar 25 2016 | The Clerk has approved petitioner's proposal to lodge copies of the Declaration of Timothy Barton. Lodging distributed. |
| Mar 25 2016 | The Clerk has approved respondent's proposal to lodge copies of the Declaration of Corydon Ford Heard III. Lodging distributed. |
| Jun 16 2016 | Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. |
| Jul 18 2016 | JUDGMENT ISSUED |
