The U.S. Supreme Court removed from its docket oral arguments in Kingdomware Technologies, Inc. v. United States over concerns that the contract dispute underlying the case had been resolved, thus rendering it moot.
But briefs filed by both sides in the case in response to the High Court’s action say the issue is not moot and that the case should proceed.
Jeff Belkin, leader of Alston & Bird’s Government Contracts Group, thinks the chances are good that the Court will hear the case rather than remanding it.
“It’s not every day that a mootness issue is rejected by both sides,” Belkin said, adding that he agreed that “the nature of set-aside contracts like these is that they are small-dollar amounts and can typically be completed in a year.”
Belkin also said the underlying issue in the case is important and needs to be resolved.
Veterans Affairs (V.A.) has been scrutinized to determine whether it has fully carried out congressional mandates to award contracts to disabled-veteran businesses, he said.
Whether the Court ultimately increases or decreases the level of discretion the V.A. has in that area “could reshape how the V.A. conducts business” and might affect billions of dollars in contracts there and in other agencies as well, Belkin said.