Supreme Court Decision Impacts Small Business Buying at All Federal Agencies - Attainit

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Supreme Court Decision Impacts Small Business Buying at All Federal Agencies

Since the Kingdomware Supreme Court decision defines a task order as a contract, this emphasizes the need for all federal agencies to exclusively reserve purchases under $150,000 for small businesses. Attorneys Damien C. Specht and Rachael K. Plymaleimage007.png@01D1E35C.4FFFDE00 wrote a very well thought out article about the impact of the recent Kingdomware Supreme Court decision on other federal agencies.

From the article:
“…the Court’s holding suggests that GSA’s long-standing position that FSS orders are exempt from set-aside requirements may be incorrect due to the Court’s holding that set-aside requirements for contracts apply equally to FSS orders. Aside from the Veterans Act, the Small Business Act, codified at 15 USCA ß 644, more generally requires that certain contracts (not limited to specific agencies) be reserved for small businesses based on the rule-of-two analysis….GSA has long argued (so far successfully) that ß 644(j)’s general mandate to set aside contracts under the rule of two does not apply to its FSS orders…

With FSS task orders encompassed under the term “contract,” … all FSS task orders valued between $2,500 and $100,000 would be subject to the small business rule-of-two set-aside requirement, and any FSS task order exceeding that amount could be set aside at the agency’s discretion under ß 644(r).”

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The majority of the items AttainIt sells are less than $150,000. Let us help you attain this requirement to do business with small companies.