Kingdomware Technologies, Inc. v. United States of America
Aug. 25, 2015
INTRODUCTION AND INTEREST OF AMICUS CURIAE
The Federal Circuit Bar Association (“FCBA”) is a national organization for the Bar of the United States Court of Appeals for the Federal Circuit (the “Federal Circuit”). The FCBA brings together different groups across the Nation that practice before the Federal Circuit, seeking to strengthen and serve that Court by providing a forum for discussion of common concerns of the Federal Circuit and its Bar.
One purpose of the FCBA is to render assistance to the Federal Circuit and this Court in appropriate instances by submitting its views on legal issues presented in individual cases. Such submissions further the core mission of the FCBA, which includes a responsibility to promote the public interest by providing the views of informed practitioners in the subject-matter areas over which the Federal Circuit has jurisdiction.
This Case touches on two areas over which the Federal Circuit has exclusive jurisdiction – Federal procurement law and Veterans law. The FCBA and its members have extensive experience with both areas of law and a vested interest in their stability and predictability.
Petitioner Kingdomware successfully invoked the statutory mandate of 38 U.S.C. § 8127(d) in proceedings before the United States Government Accountability Office (“GAO”), but a differing result was obtained before the United States Court of Federal Claims, a differing result then sustained over a vigorous dissent by a Panel majority of the Federal Circuit. The FCBA respectfully submits that a complete understanding of the history and context of Section 8127(d) is necessary to directly answer this important question.
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