Small Business Administration Refuses to Release Report Concerning Billions in Fraud and Abuse

Press Release

Small Business Administration Refuses to Release Report Concerning Billions in Fraud and Abuse

Advocacy group asks court to force SBA to explain contents of report on government contracts and reason Freedom of Information Act doesn't apply

October 21, 2004

SAN FRANCISCO, October 21, 2004 – A motion was filed today in the U.S. District Court, Northern District of California, against the U.S. Small Business Administration (SBA) by the American Small Business League (ASBL). This motion seeks a court order compelling the SBA to provide a detailed description of the contents of a controversial report concerning fraud and abuse in government contracting. The ASBL also requests the SBA provide specific justification for previous claims that the report is exempt from the Freedom of Information Act (FOIA).

The SBA has referred to the widespread abuses as "miscoding," but the ASBL believes the report holds statistical data that will uncover blatant fraud and abuse in the SBA's mishandling of more than $67 billion annually in government small business contracts.

"I find it curious that the SBA has gone to court to avoid disclosing a document that they have consistently characterized as a routine report," said Robert Belshaw of Gutierrez-Ruiz, the firm who represents ASBL. "The justifications offered by the SBA for withholding this document are inapplicable and not supported by law."

" SBA's handling of this matter has been suspicious," said Lloyd Chapman, president and founder of the ASBL. "When I first requested this report, the SBA denied its existence. Once they admitted it existed, they claimed it was privileged communication between agency executives and was, therefore, exempt from the Freedom of Information Act. Next, they claimed it was a 'trade secret,' and now, they are telling the media it's just a routine report. If this is just a routine report, why has the SBA tried to keep it secret for nine months, and why are they willing to go to federal court during an election to withhold it?"

CASE HISTORY

Today's motion follows a complaint filed October 6 (Case No.C044250SI) demanding the disclosure and release of the aforementioned documents. The original lawsuit was filed after the SBA twice refused requests made by ASBL for copies of "the original draft" of the report by Eagle Eye Publishing on abuses in small business contracting and submitted to the SBA in January 2004. The SBA is withholding the entire report based on specific exemptions in the FOIA; the ASBL's lawsuit counters that there is no legal basis for the denial of access to the original report.

The SBA's most recent refusal to release the report on small business contracting abuse comes just days after the Center for Public Integrity released its own report, which found the Defense Department had awarded more than $47 billion of small business contracts to some of the largest firms in the United States and Europe with the full knowledge and approval of the SBA.

Please see the backgrounder for more information on the ASBL, its founder Lloyd Chapman, and the history of this case.



U.S. giving big firms work meant for smaller

News

U.S. giving big firms work meant for smaller

By Rob Kaiser
Arizona Daily Star
October 16, 2004

After acquiring another company in February 1998, GTSI Corp. disclosed in its annual report that it had grown too large to win small-business contracts from the federal government.

Yet a recent study found that between 1998 and 2003, the reseller of computers, software and other technology products was classified as a small business while winning Department of Defense contracts worth nearly $1.2 billion.

GTSI, a reseller of computers, software and other technology products, is hardly alone.

The Center for the Public Integrity, a non-profit, non-partisan organization that investigates public policy issues, found that in the past six years more than $47 billion in Department of Defense contracts designated as small-business awards have gone to large companies.

The center is a nonprofit, nonpartisan organization that investigates public policy issues.

In total, 30 percent of defense-contract dollars reported as going to small firms went to large companies, the center said in a report.

"It's almost as if the whole idea of small business is a convenient fiction that's promoted by both political parties," said Larry Makinson, a senior fellow who worked on the study. "A lot of the money that you would think is going to truly small businesses isn't."

The federal government has a goal of spending 23 percent of its contract dollars annually with small businesses. Government officials often say they reach that goal, though the center's study raises questions about their calculations.

Government figures show 23.6 percent of prime contracts, or $65.5 billion, went to small firms in fiscal 2003. Of that total, $42.8 billion was from Defense Department contracts.

Yet the center's study questions whether many of those contracts truly were won by small firms.

For example, the center found 737 firms that won at least $100 million in defense contracts between 1998 and 2003. Of those, 189 had at least half of their contracts designated as small-business awards.

The center assumed that companies large enough to handle such a volume of business would be large businesses.

Defining a small business is not as easy as it sounds. Businesses fit into hundreds of different classifications, each with its own standard of what is small. As a general rule, the Small Business Administration defines small businesses as having less than 500 employees or less than $6 million in annual sales.

Makinson said some of the companies on the center's list might fit that definition, though GTSI was highlighted as a large company reaping small-business awards.

Last year, sales at Chantilly, Va.-based GTSI were nearly $1 billion, and it employed 685 people as of March.

Two other companies identified in the study as having received a large number of small-business contracts supply ready-to-eat meals for the military. Ameriqual Group, based in Evansville, Ind., won $440.1 million in government contracts that were classified as small-business awards during the six-year period, while Wornick Co. in Cincinnati won $561.4 million in small-business awards during that period.

Officials from the three companies did not return calls for comment.

Some large companies, Makinson noted, appear to have a strategy of acquiring small businesses that have won government contracts. Other small firms grow so much they should no longer be counted as small businesses, but they are considered small by the government.

The SBA proposed a rule last year that would require firms registered as small businesses to regularly recertify their status. The agency expects the rule will be adopted soon.

Lloyd Chapman, president of the American Small Business League, charges government officials regularly ignore large firms that improperly classify themselves as small.

"What I've discovered here is a pattern of the SBA not taking big companies off the list and not prosecuting them," said Chapman, whose organization focuses on small-business contract issues.

His group recently filed a lawsuit against the SBA to release a report by an outside consulting firm that looked into small-business contracting.





Small firms losing out on defense contracts

News

Small firms losing out on defense contracts

Study Finds $47B in deals designated as going to small firms has gone to large companies.

By Rob Kaiser
The Tennessean
October 15, 2004

CHICAGO -- After acquiring another company in February 1998, GTSI Corp. disclosed in its annual report that it had grown too large to win small-business contracts from the federal government.

Yet a recent study found that between 1998 and 2003, the reseller of computers, software and other technology products was classified as a small business in winning U.S. Department of Defense contracts worth nearly $1.2 billion.

GTSI is hardly alone.

The Center for the Public Integrity, a non-profit, non-partisan organization that investigates public policy issues, found that in the past six years more than $47 billion in Defense Department contracts designated as small business awards have gone to large companies.

In total, 30% of all defense contract dollars reported as going to small firms went to large companies, the center said in a report.

"It's almost as if the whole idea of small business is a convenient fiction that's promoted by both political parties," said Larry Makinson, a senior fellow who worked on the study. "A lot of the money that you would think is going to truly small businesses isn't."

The federal government has a goal of spending 23 percent of its contract dollars annually with small businesses. Government officials often say they reach that goal, though the center's study raises questions about their calculations.

Government figures show 23.6 percent of prime contracts, or $65.5 billion, went to small firms in fiscal 2003. Of that total, $42.8 billion was from Defense Department contracts.

Yet the center's study questions whether many of those contracts truly were won by small firms.

For example, the center found 737 firms that won at least $100 million in defense contracts between 1998 and 2003. Of those, 189 had at least half of their contracts designated as small business awards.

The center assumed that companies large enough to handle such a volume of business would be large businesses.

Defining a small business is not as easy as it sounds. Businesses fit into hundreds of different classifications, each with its own standard of what is small. As a general rule, the Small Business Administration defines small businesses as having less than 500 employees or less than $6 million in annual sales.

Makinson said some of the companies on the center's list might fit that definition, though GTSI was highlighted as a large company reaping small-business awards.

Last year, sales at Chantilly, Va.-based GTSI were nearly $1 billion, and it employed 685 people as of March.

Two other companies identified in the study as having received a large number of small-business contracts supply ready-to-eat meals for the military. Ameriqual Group, based in Evansville, Ind., won $440.1 million in government contracts that were classified as small-business awards during the six-year period, while Wornick Co. in Cincinnati won $561.4 million in small-business awards during that period.

Officials from the three companies did not return calls for comment.

Some large companies, Makinson noted, appear to have a strategy of acquiring small businesses that have won government contracts. Other small firms grow so much they should no longer be counted as small businesses, but they are considered small by the government.

The SBA proposed a rule last year that would require firms registered as small businesses to regularly recertify their status. The agency expects the rule will be adopted soon.

Lloyd Chapman, president of the American Small Business League, charges government officials regularly ignore large firms that improperly classify themselves as small.

"What I've discovered here is a pattern of the SBA not taking big companies off the list and not prosecuting them," said Chapman, whose organization focuses on small-business contract issues.

His group recently filed a lawsuit against the SBA to release a report by an outside consulting firm that looked into small business contracting.

Eric Benderson, the SBA's associate general counsel for litigation, said the report will be released after a standard review.

SBA officials also said they investigate firms that may improperly be classifying themselves as small, though they couldn't say how many of those cases ended up being prosecuted.

"If you are knowingly not a small business, and you certify you're small, that's fraud," Benderson said.

Still, Makinson noted there is little incentive among politicians and government agencies to police the size standards since that likely would result in the number of small business set-aside awards dropping.





Big Businesses Land Small-Biz Pacts

News

Big Businesses Land Small-Biz Pacts

Study Finds SBA Contract Lapse

By Rob Kaiser
Chicago Tribune
October 15, 2004

After acquiring another company in February 1998, GTSI Corp. disclosed in its annual report that it had grown too large to win small-business contracts from the federal government.

Yet a recent study found that between 1998 and 2003, the reseller of computers, software and other technology products was classified as a small business while winning Department of Defense contracts worth nearly $1.2 billion.

GTSI is hardly alone.

The Center for the Public Integrity, a non-profit, non-partisan organization that investigates public policy issues, found that in the past six years more than $47 billion in Department of Defense contracts designated as small-business awards have gone to large companies.

In total, 30 percent of defense-contract dollars reported as going to small firms went to large companies, the center said in a report.

"It's almost as if the whole idea of small business is a convenient fiction that's promoted by both political parties," said Larry Makinson, a senior fellow who worked on the study. "A lot of the money that you would think is going to truly small businesses isn't."

The federal government has a goal of spending 23 percent of its contract dollars annually with small businesses. Government officials often say they reach that goal, though the center's study raises questions about their calculations.

Government figures show 23.6 percent of prime contracts, or $65.5 billion, went to small firms in fiscal 2003. Of that total, $42.8 billion was from Defense Department contracts.

But the center's study questions whether many of those contracts truly were won by small firms.

For example, the center found that 189 companies that won at least $100 million in defense contracts between 1998 and 2003 had at least half of their contracts designated as small-business awards.

The center assumed that companies large enough to handle such a volume of business would be large businesses.

Hard to define

Defining a small business is not as easy as it sounds. Businesses fit into hundreds of different classifications, each with its own standard of what is small. As a general rule, the Small Business Administration defines small businesses as having less than 500 employees or less than $6 million in annual sales.

Makinson said some of the companies on the center's list might fit that definition, though GTSI was highlighted as a large company reaping small-business awards.

Last year, sales at Chantilly, Va.-based GTSI were nearly $1 billion, and it employed 685 people as of March.

Two other companies identified in the study as having received a large number of small-business contracts supply ready-to-eat meals for the military. Ameriqual Group, based in Evansville, Ind., won $440.1 million in government contracts that were classified as small-business awards during the six-year period, while Wornick Co. in Cincinnati won $561.4 million in small-business awards during that period.

Officials from the three companies did not return calls for comment.

Some large companies, Makinson noted, appear to have a strategy of acquiring small businesses that have won government contracts. Other small firms grow so much they should no longer be counted as small businesses, but they are considered small by the government.

The SBA proposed a rule last year that would require firms registered as small businesses to regularly recertify their status. The agency expects the rule will be adopted soon.

Lloyd Chapman, president of the American Small Business League, charges government officials regularly ignore large firms that improperly classify themselves as small.

"What I've discovered here is a pattern of the SBA not taking big companies off the list and not prosecuting them," said Chapman, whose organization focuses on small-business contract issues.

Awaiting report

His group recently filed a lawsuit against the SBA to release a report by an outside consulting firm that looked into small-business contracting.

Eric Benderson, the SBA's associate general counsel for litigation, said the report will be released after a standard review.

SBA officials also said they investigate firms that may improperly be classifying themselves as small, though they couldn't say how many of those cases ended up being prosecuted.

"If you are knowingly not a small business, and you certify you're small, that's fraud," Benderson said.

Still, Makinson noted there is little incentive among politicians and government agencies to police the size standards since that likely would result in the number of small-business set-aside awards dropping.
"It's in the political interest of both parties to look like they're doing something in the interest of small businesses," Makinson said.
And agencies like the Defense Department are eager to please the politicians.

"They always want to make Congress feel good," Makinson said. "That's where the money comes from after all."

Copyright © 2004, Chicago Tribune





Virginia-based GTSI, other big firms win 'small business' defense contracts

News

Virginia-based GTSI, other big firms win 'small business' defense contracts

By Rob Kaiser
Knight-Ridder/Tribune Business News
October 15, 2004

Oct. 15 After acquiring another company in February 1998, GTSI Corp. disclosed in its annual report that it had grown too large to win small business contracts from the federal government.

Yet a recent study found that between 1998 to 2003, the reseller of computers, software and other technology products was classified as a small business in winning U.S. Department of Defense contracts worth nearly $1.2 billion.

GTSI is hardly alone.

The Center for the Public Integrity, a non-profit, non-partisan organization that investigates public policy issues, found that in the past six years more than $47 billion in Department of Defense contracts designated as small businesses awards have gone to large companies.

In total, 30 percent of all defense contract dollars reported as going to small firms actually went to large companies, the center said in a report.

"It's almost as if the whole idea of small business is a convenient fiction that's promoted by both political parties," said Larry Makinson, a senior fellow who worked on the study. "A lot of the money that you would think is going to truly small businesses isn't."

The federal government has a goal of spending 23 percent of its contract dollars annually with small businesses. Government officials often say they reach that goal, though the center's study raises questions about their calculations.

Government figures show 23.6 percent of prime contracts, or $65.5 billion, went to small firms in fiscal 2003. Of that total, $42.8 billion was from Defense Department contracts.

Yet the center's study questions whether many of those contracts were truly won by small firms.

For example, the center found 737 firms that won at least $100 million in defense contracts between 1998 and 2003. Of those, 189 had at least half of their contracts designated as small business awards.

The center assumed that companies large enough to handle such a volume of business would be large businesses.

Defining a small business is not as easy as it sounds. Businesses fit into hundreds of different classifications, each with its own standard of what is small. As a general rule, the Small Business Administration defines small businesses as having less than 500 employees or less than $6 million in annual sales.

Makinson said some of the companies on the center's list might fit that definition, though GTSI was highlighted as a large company reaping small business awards.

Last year sales at Chantilly, Va.-based GTSI were nearly $1 billion and it employed 685 people as of March.

Two others companies identified in the study as having received a large number of small business contracts supplying ready-to-eat meals for the military. Ameriqual Group, based in Evansville, Ind., won $440.1 million in government contracts that were classified as small business awards during the six-year period, while Wornick Co. in Cincinnati won $561.4 million in small business awards during that period.

Officials from all three companies did not return calls for comment.

Some large companies, Makinson noted, appear to have a strategy of acquiring small businesses that have won government contracts. Other small firms grow so much they should no longer be counted as small businesses, but they are still considered small by the government.

The SBA proposed a rule last year that would require firms registered as small businesses to regularly re-certify their status. The agency expects the rule will be adopted soon.

Lloyd Chapman, president of the American Small Business League, charges government officials regularly ignore large firms that improperly classify themselves as small.

"What I've discovered here is a pattern of the SBA not taking big companies off the list and not prosecuting them," said Chapman, whose organization focuses on small business contract issues.

His group recently filed a lawsuit against the SBA to release a report that looked into small business contracting.

Eric Benderson, the SBA's associate general council for litigation, said the report will be released after a standard review.

SBA officials also said they investigate firms that may improperly be classifying themselves as small, though they couldn't say how many of those cases ended up being prosecuted.

"If you are knowingly not a small business and you certify you're small, that's fraud," Benderson said.

Still, Makinson noted there is little incentive among politicians and government agencies to police the size standards since that would likely result in the number of small business set-aside awards dropping.

"It's in the political interest of both parties to look like they're doing something in the interest of small businesses, Makinson said.

And agencies, like the Defense Department, are eager to please the politicians.

"They always want to make Congress feel good," Makinson said. "That's where the money comes from after all."