It has been a little over a year now since the US Supreme Court issued its opinion in Kingdomware Technologies, Inc. v. United States, 136 S. Ct. 1969 (2016). We discussed the case here.
In that case, the court held requirements and procedures in the Veterans Benefits Act of 2006 ("VBA"), 38 U.S.C. § 8127 were mandatory.
The purpose of the VBA was to set annual goals for contracting with service-disabled and other veteran-owned small businesses. To help reach those goals, a provision known as the "Rule of Two" provided that the VA "shall award contracts" by restricting competition to veteran-owned small businesses if the VA reasonably expects that at least two of 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." 38 U.S.C. § 8127(d).
In Kingdomware Technologies, the Supreme Court held that the Rule of Two analysis was mandatory. The VA was not allowed to make procurement decisions with respect to VA goods and services without making a Rule of Two assessment. Further, the Rule applied to all VA procurements. It was a big win for VOSB and SDVOSB. We called it a "game changer for SDVOSB and VOSB companies."