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NVLSP Pleased Supreme Court Sides with Veterans in Kingdomware Technologies, Inc. v. USA

Released 6/17/16 | Tags: Supreme Court of the United States (SCOTUS)


In Kingdomware Technologies, Inc. v. United States of America, the U.S. Supreme Court sided with a service-disabled veteran-owned small business in a lawsuit against the Department of Veterans Affairs (VA). The lawsuit was over the VA’s failure to comply with Public Law 109-461, commonly referred to as “Veterans First.”

The eight to zero Supreme Court decision is a victory to all veteran-owned businesses that submit reasonable bids for VA contracts. The Supreme Court held that the VA should continue to recognize these businesses even after its contracting goals are met.  The Court stated this is clearly the intent of the 2006 Veterans Act, which was intended to broaden opportunities for veteran business owners.

The decision directs VA to give preference to veteran-owned businesses when procuring contracts for goods and services. The law gained exposure in 2012 when the plaintiff, Kingdomware Technologies Inc., protested a contract award, citing PL 109-461 as the basis. 

In support of the plaintiff, NVLSP with the help of Sidley Austin LLP, and several other veterans’ service  organizations (Paralyzed Veterans of America, Vietnam Veterans of America and Military Officers Association of America) filed an amici curiae brief with the Supreme Court in August 2015. The American Legion also filed an amicus curiae brief. We are very pleased with the ruling in the case.

If you are a member of the news media and you would like to speak with an NVLSP attorney about the case, please contact Ami Neiberger-Miller, ami@steppingstoneLLC.com

The National Veterans Legal Services Program (NVLSP) is an independent, nonprofit veterans service organization that has served active duty military personnel and veterans since 1980. NVLSP strives to ensure that our nation honors its commitment to its 22 million veterans and active duty personnel by ensuring they have the federal benefits they have earned through their service to our country. NVSLP offers training for attorneys and other advocates, connects veterans and active duty personnel with pro bono legal help when seeking disability benefits, publishes the nation's definitive guide on veteran benefits, and represents and litigates for veterans and their families before the VA, military discharge review agencies and federal courts. For more information go to www.nvlsp.org.

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