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VA Allowed to Disregard Vet Preference

Client Alert | 1 min read | 06.13.14

In Kingdomware Techs., Inc. v. U.S. (June 3, 2014), a majority of a Federal Circuit panel held that the language of the Veterans Act stating that the VA "shall award contracts on the basis of competition restricted to small business concerns owned and controlled by veterans" whenever the VA identifies two or more viable competitors was not actually a mandatory requirement, but could be used or not by the VA to meet its annual goals for contract awards to Veteran-Owned Small Businesses (VOSBs) and Service-Disabled Veteran-Owned Small Businesses (SDVOSBs). The dissenting judge, agreeing with the contrary interpretation of GAO, argued Congress had made the provision mandatory so that the VA would meet its goals.


Insights

Client Alert | 4 min read | 09.12.25

SBA’s OHA Further Defines Extraordinary Action in SDVOSB Appeal

On September 4, 2025, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) granted an appeal challenging SBA’s determination that a service-disabled veteran did not control an entity applying for Service-Disabled Veteran-Owned Small Business (SDVOSB) status based on a minority owner’s ability to block certain actions in the matter of VSBC Appeal of: Blue Skye Foods, LLC, SBA No. VSBC-442-A....