Snowe Calls for Fairness in Awarding of Small Business Contracts

Press Release

Snowe Calls for Fairness in Awarding of Small Business Contracts

Senator Organizes Hearing on SBA Size Standards

June 7, 2005

WASHINGTON, June 7 /U.S. Newswire/ -- Senator Olympia J. Snowe (R-Maine), chair of the Senate Committee on Small Business and Entrepreneurship, today convened a public hearing in Portland, Maine that examined the Small Business Administration's definition of a small business. Given that over 90 percent of Maine's businesses are small, the classification by the SBA is critically important to receiving contracts from the federal government and gaining access to SBA's lending programs.

"The issue of size standards is critically important to small business owners and aspiring entrepreneurs in Maine and throughout the country," said Snowe. "The SBA's definition of a small business owner directly affects eligibility for federal contracting, lending, and regulatory relief programs. Today, we heard from many small business owners that the SBA's size standards system must not leave behind small or emerging firms. Any reform of this system must be fair to businesses of every size, must help them grow to become competitive in national and global markets, and give due regard to the unique circumstances of the industries in which they compete."

Snowe urged caution in changing the definition of a small business for the purpose of determining eligibility for government contracts, noting that reclassification could have unintended consequences. For instance, reducing the maximum number of employees a business can have and still be considered a 'small business' could open up contracts to competition from foreign companies due to trade agreements and policies of some foreign governments, particularly in Europe, that protect firms with 500 employees or fewer. Instead, she encouraged the SBA to consider a tiered size system to better account for industry-specific circumstances and the needs of small firms in various stages of development. The current system treats all small businesses below an industry size standard similarly. An industry proposal for a tiered size system would set a small firm size cap in relation to industry leaders, and then provide for tiers within the cap to enable competition among firms of similar size.

"We also learned that greater vigilance is needed in the enforcement of current rules," said Snowe. "Small business owners should have a comprehensive understanding of the rules that specifically apply to them allowing them to comply with the law and focus on a more pressing objective: job creation."

Snowe has previously proposed increasing penalties for businesses that illegally obtain government contracts meant for small businesses.

"I am grateful to the SBA Administrator Hector Barreto for agreeing to my request to bring this hearing to Portland to hear from Maine small businesses," said Snowe. "It is only through a real give and take with small business owners that we can make our rules and regulations at the federal level more reflective and responsive to the needs of the small business community."

Senator Snowe asked the SBA to hold this morning's hearing that took place at Portland City Hall. Officials from the SBA's general counsel, government contracting, technology, and regional offices were in attendance. Maine's small firms employ over 300 employees and brought back over $80 million in small business prime contracting dollars to Maine in Fiscal Year 2003.



SBA Opens Hearings on "Small"

News

SBA Opens Hearings on "Small"

Under fire for allowing major corporations to slip through a loophole to land key contracts, the SBA presents proposals for change.

By Stacy Zhao
Inc Magazine
June 6, 2005

Small businesses unhappy with the Small Business Administration's current definition of the word "small" are having their say this month as the government agency holds a series of 11 hearings around the country.

The hearings were called after complaints by small business owners and members of Congress that some government contracts were being unfairly distributed to large companies who used the SBA's definition of "small business" to land contracts for their smaller operating units.

Currently under debate is a series of restructuring proposals the SBA is considering, including a "grandfathering" proposal that would allow corporate giants to keep their existing small-business contracts up to five more years, even if size standards were reduced in the future.

Small business owners and advocates have met these proposals with apprehension, flooding the SBA with over 6,000 comments-the most the SBA has ever received in response to any proposal. The owners contend that the SBA has failed to represent the interests of small businesses in favor of larger companies' own.

Concerns over the uneven competition between small businesses and larger ones first came to light when a report found that the government was not fulfilling its promise to reserve 23% of its contracts for small businesses.

Due to loopholes in the definition of a business's "small" size, a company can remain certified as a small business for the life of its contract-some of which last two decades-even if it grows, is acquired, or goes public. As a result, roughly $2 billion in federal contracting money that was believed to have gone to small businesses actually went to large companies in fiscal year 2002, according to the SBA's Office of Advocacy.





Size Matters in Business

News

Size Matters in Business

Bangor Daily News
June 4, 2005

Recent news stories have suggested that the U.S. Small Business Administration is shortchanging Maine by allowing big companies to get contracts that are meant to help small ones. SBA officials will likely hear such complaints when they come to Maine next week as part of a national series of public hearings on its size standards.

The complaints, however, may not be accurate. Maine has done quite well securing business capital, according to former and current development officials. Overall, however, more funding, from government and private sources, is needed.

How businesses are classified as small is currently under routine review by the SBA. Depending on the industry, businesses are qualified as small based on their number of employees or their annual revenue. For many businesses, the threshold is 500 employees. This sounds large by Maine standards. But, when it comes to business size, small is a matter of perspective. Small businesses in Maine would likely be tiny by national standards and our big businesses would be considered small.

Lincoln Paper and Tissue, for example, funded the restarting of its mill, in part, with SBA funding. The company employs 350 people. Creative Apparel, which employs about 350 people making military clothing in five Maine locations, has also benefited from small business set asides.

If the small business size standard is dropped significantly, these businesses could lose SBA funding. That would harm them and the many smaller Maine companies they contract with. Mainers can weigh in on the size standards at a public hearing beginning at 9 a.m. June 7 at Portland City Hall.

There are problems, however, with the policing of small business set asides, the government practice of dedicating a portion - 23 percent of its contracts to small companies.

A recent SBA office of advocacy report found that some large companies got contracts meant for small businesses. The SBA allows companies to self-certify that they are small. There are penalties, both civil and criminal, for falsely presenting a large business as a small one. However, the agency does not aggressively pursue companies that file false information.

Like other agencies, the SBA has limited resources and personnel, few of which are devoted to routing out fraud. Sen. Olympia Snowe, chair of the Senate's Committee on Small Business, and her committee colleagues have proposed increasing the agency's funding, an unlikely possibility given the president's mandate to cut government costs. She has also proposed increasing the penalties for businesses that say they are small when they are not.

Sen. Snowe and other members of Maine's congressional delegation have also succeeded in getting disadvantaged areas, such as Aroostook County, designated as special zones, entitling them to easier access to federal funding and government contracts.

The many programs SBA offers have helped Maine businesses. Fine tuning them and their management will help more.