from JD Supra [co-authors Scott M. Davidson and Mike Phipps, The GCO Consulting Group]
On Friday of last week, while most of the country was getting ready for the Labor Day Holiday, the U.S. Court of Federal Claims in PDS Consultants, Inc. v. United States, Case No. 16-1603C, Slip. Op. (September 1, 2017) stayed its own judgment that arguably would have protected and potentially expanded veteran-owned businesses’ ability to win government contracts. The Court’s order essentially defers to the U.S. Court of Appeals for the Federal Circuit on whether to limit the impact of a landmark U.S. Supreme Court ruling veteran-owned businesses celebrated just a year ago.
Last June, we reported on the U.S. Supreme Court decision, Kingdomware Technologies, Inc. v. United States, 136 S.Ct. 1969 (June 16, 2016). Overturning the U.S. Court of Federal Claims, the Supreme Court in Kingdomware held that the Veterans Benefits, Health Care, and Information Technology Act of 2006 (“VBA”) required the VA to employ the “rule-of-two” analysis to determine whether it must set aside task orders for SDVOSBs before opening them up to unrestricted competition. Kingdomware was generally considered a victory by the SDVOSB community, who expected the decision would require the VA to set-aside more SDVOSB task orders. Unfortunately, the PDS case demonstrates that Kingdomware’s application is far from straightforward.