On November 5, 2015, Jeff Belkin was quoted in Law360 in connection with the Kingdomware case. Belkin was again quoted on December 1, 2015, in Law.com on the same case.
At issue for the Court is whether the Federal Circuit court erred in construing 38 U.S.C. § 8127(d)’s mandatory set-aside as discretionary. Subsections (b), (c), and (d) of 38 U.S.C. § 8127 provide authority for the Department of Veterans Affairs’ (VA) contracting officers to restrict competition and make awards directly to service-disabled veteran-owned small business (SDVOSB) and veteran-owned small business (VOSB) firms, when certain conditions are met. After a petition for writ of certiorari was filed on January 29, 2015, and the case was set for argument before the Supreme Court on September 9, 2015, the case was then removed from the argument calendar over concerns that the contract dispute underlying the case had been resolved, thus rendering it moot. The Court instructed the parties to file supplemental briefs to address whether the case is moot since the procurements at issue in the case have been fully performed. Belkin addressed the anomaly of both sides having proffered that the case is not moot. Presently, the case has been reset for argument in late February 2016. To learn more about Belkin’s comments, see Law.com Quotes Jeff Belkin on SCOTUS Kingdomware Case and Law360 Quotes Jeff Belkin on SCOTUS Kingdomware Case.