United States Federal Circuit

Judgment in favor of the United States in an action challenging a contract award by the Department of Veterans Affairs (VA) is affirmed, where: 1) plaintiff's interpretation of the 2006 Veterans Act does not account for, and undercuts, the Secretary's mandatory authority to set the goals for contracts to Veteran-Owned Small Businesses (VOSBs,) and therefore is not a reasonable interpretation; 2) the 2006 Veterans Act does not require the VA to conduct a Rule of Two analysis in every procurement, as long as the VA satisfies its annual small business participation goals; and 3) the Secretary has complied with his statutory mandate to both set goals and meet them, and, accordingly, the VA contracting officer's decision not to set aside the contracts at issue was not arbitrary, capricious, or contrary to the law.

Appellate Information

• Decided 06/03/2014
• Published 06/03/2014

Judges

• CLEVENGER

Court

• United States Federal Circuit

Counsel