Kingdomware Technologies Inc. v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-916 | Fed. Cir. | Feb 22, 2016 | May 2, 2025 | 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 May 2, 2025.
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 23, 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 |
|---|---|
| 11/14/2014 | 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. |
| 11/18/2014 | Application (14A519) granted by The Chief Justice extending the time to file until January 8, 2015. |
| 12/22/2014 | Application (14A519) to extend further the time from January 8, 2015 to January 29, 2015, submitted to The Chief Justice. |
| 12/29/2014 | Application (14A519) granted by The Chief Justice extending the time to file until January 29, 2015. |
| 01/29/2015 | Petition for a writ of certiorari filed. (Response due March 2, 2015) |
| 02/02/2015 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner Kingdomware Technologies, Inc. |
| 02/25/2015 | Order extending time to file response to petition to and including April 1, 2015. |
| 03/02/2015 | Brief amicus curiae of American Legion filed. |
| 03/02/2015 | Brief amici curiae of National Veteran Small Business Coalition, et al. filed. |
| 03/20/2015 | Order further extending time to file response to petition to and including May 1, 2015. |
| 05/01/2015 | Brief of respondent United States in opposition filed. |
| 05/18/2015 | Reply of petitioner Kingdomware Technologies, Inc. filed. |
| 05/19/2015 | DISTRIBUTED for Conference of June 4, 2015. |
| 06/02/2015 | Rescheduled. |
| 06/08/2015 | DISTRIBUTED for Conference of June 11, 2015. |
| 06/15/2015 | DISTRIBUTED for Conference of June 18, 2015. |
| 06/22/2015 | Petition GRANTED. |
| 07/28/2015 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 18, 2015. |
| 07/28/2015 | The time to file respondent's brief on the merits is extended to and including September 29, 2015. |
| 08/04/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 08/05/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent |
| 08/18/2015 | Joint appendix filed (Statement of costs filed). |
| 08/18/2015 | Brief of petitioner Kingdomware Technologies, Inc. filed. |
| 08/24/2015 | Brief amicus curiae of Steven J. Koprince filed. |
| 08/25/2015 | Brief amicus curiae of American Legion filed. |
| 08/25/2015 | Brief amici curiae of National Veteran Small Business Coalition, et al. filed. |
| 08/25/2015 | Brief amici curiae of Iraq and Afghanistan Veterans of America filed. |
| 08/25/2015 | Brief amici curiae of Members of Congress filed. |
| 08/25/2015 | Brief amicus curiae of The Federal Circuit Bar Association filed. |
| 08/25/2015 | Brief amici curiae of Paralyzed Veterans of America, et al. filed. |
| 09/09/2015 | SET FOR ARGUMENT on Monday, November 9, 2015 |
| 09/10/2015 | Record requested from the U.S.C.A. Federal Circuit. |
| 09/10/2015 | Record requested from the U.S.C.A. Federal Circuit is electronic and located on PACER. |
| 09/29/2015 | Brief of respondent the United States filed. |
| 10/02/2015 | CIRCULATED |
| 10/27/2015 | Reply of petitioner Kingdomware Technologies, Inc. filed. (Distributed) |
| 11/04/2015 | 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. |
| 11/20/2015 | 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. |
| 11/20/2015 | Supplemental brief of petitioner Kingdomware Technologies, Inc. filed. (Distributed) |
| 11/20/2015 | Supplemental brief for the United States filed. (Distributed) |
| 11/20/2015 | Letter from counsel for the petitioner proposing a lodging consisting of a declaration by Timothy Barton, the Chief Executive Officer of Kingdomware. |
| 12/01/2015 | Supplemental reply brief of respondent United States filed. (Distributed) |
| 12/01/2015 | Supplemental reply brief of petitioner Kingdomware Technologies, Inc. filed. (Distributed) |
| 12/23/2015 | SET FOR ARGUMENT ON Monday, February 22, 2016 |
| 01/15/2016 | CIRCULATED. |
| 02/22/2016 | 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. |
| 03/25/2016 | The Clerk has approved petitioner's proposal to lodge copies of the Declaration of Timothy Barton. Lodging distributed. |
| 03/25/2016 | The Clerk has approved respondent's proposal to lodge copies of the Declaration of Corydon Ford Heard III. Lodging distributed. |
| 06/16/2016 | Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. |
| 07/18/2016 | JUDGMENT ISSUED |