Small Business Advocate Exposes Fortune 1000 Firm Masquerading as Small Business

Press Release

Small Business Advocate Exposes Fortune 1000 Firm Masquerading as Small Business

Insight Public Sector, Inc. Pays Million Dollar Fine to Settle Federal False Claims Act Case

March 30, 2006

PETALUMA, Calif., March 30, 2006 /PRNewswire/ The Justice Department and the Offices of Inspector General of both the Small Business Administration and the General Services Administration have jointly announced that an agreement has been reached with Insight Public Sector, Inc. of Tempe, Arizona, to settle a Federal case against one of Insight's subsidiaries for misrepresenting itself as a small business in order to illegally receive government contracts. Insight will pay a one million dollar fine to settle the case.

American Small Business League President and founder Lloyd Chapman originally brought the complaint against the company to the SBA. Chapman alleged that the company, Comark Government & Education Services (CGES) had falsely certified itself as a "small business" to receive preference in government contracting. According to the SBA, the investigation determined that CGES had misrepresented its size status on its 1996 application. Insight acquired CGES in 2002 and withdrew the small business certification in 2005.

"I'm glad to see the government take some action to stop firms from illegally receiving Federal small business contracts, however, I think the fine is too small," stated Chapman. "This firm received millions of dollars in awards for several years by falsely claiming to be a small business. A one million dollar fine is a drop in the bucket for a Fortune 1000 firm. They should be permanently debarred from doing business with the government."

Chapman added, "CGES is just one of several companies that I turned over to the SBA Inspector General. Unfortunately, there are dozens of companies that are doing exactly the same thing. I will continue to work with the Department of Justice and the Inspector General to expose more fraud and abuse. I expect that this will be just the first of a large number of firms that will be penalized for misrepresenting themselves as a small business."

Under the False Claims Act, any individual that provides evidence that proves a company is guilty of fraudulent activity is eligible to receive between 15% and 25% of the fines collected by the government. Chapman said he would encourage anyone that has knowledge of this type of fraud to provide the information to the SBA Inspector General, the Justice Department or the Government Accountability Office.

Under section 16d of the Small Business Act, misrepresenting a firm's size status to receive contracts is punishable by up to 10 years in prison and debarment from doing business with the Federal government.

Seven Federal investigations have found billions of dollars in contracts that were reported as going to small businesses actually wound up in the hands of some of the largest firms in the nation. Fraud, vendor deception, and false certifications were among the reasons cited in the reports as to why large firms have received small business contracts.

About the ASBL
The American Small Business League was formed to promote and advocate policies that provide the greatest opportunity for small businesses - the 98% of U.S. companies with less than 100 employees. The ASBL is founded on the principle that small businesses, the backbone of a vital American economy, should receive the fair treatment promised by the Small Business Act of 1953. Representing small businesses in all fields and industries throughout the United States, the ASBL monitors existing policies and proposed policy changes by the Small Business Administration and other federal agencies that affect its members.

###

Contact:
Lloyd Chapman
lchapman@asbl.com
707-789-9575
www.asbl.com



Big Things in Small Packages

News

Big Things in Small Packages

The Current
March 30, 2006

It may be sunny in Washington today, but a hard raining is falling for some around the beltway just the same.

After years of accusations and hand-wringing, the Federal government is finally doing something about the problem with small business set-asides going to big companies. On Monday, the U.S. Department of Justice (DOJ) reached a settlement with Insight Enterprises Inc.'s (Nasdaq: NSIT) Public Sector unit regarding an investigation into a company that Insight bought four years ago. The settlement calls for Insight to pay the government a $1 million fine for something that a unit of the company bought by Insight in 2002, Comark Government & Education Services Inc. (CGES), said 10 years ago. The above is a bit complicated, but worth your while if your company sells products to the government through partners.

Some background: For years various branches of the government at both the state and Federal level have created contracting vehicles specifically to help small, minority-owned or disadvantaged businesses. These contract vehicles have come to be known as "set asides" and have been around for years. In many instances, they truly help small companies; in some cases these small companies benefit so much that they ultimately become big companies. Former GTSI CEO Dendy Young told me once that he built his company into a billion-dollar powerhouse thanks, in part, to set-aside contracts.

But as with many things in Washington, what started out as a good idea eventually turned into a bad thing, at least according to some. Now, many small companies complain about small-business awards. The biggest gripe isn't the slow, grinding way in which these awards are handed out, but rather the quick and easy manner in which they seem to go to those who are anything but "small."

That brings us back to CGES. In 1996, it represented itself to the government as a small business. The government took its word and gave the company a Multiple Award Schedule (MAS). When the government took a second look, however, it suspected that it made a mistake and began to investigate the true size of CGES. Ultimately, the government contended that CGES was not what it represented itself to be. To be fair to Insight, this trouble not only pre-dates its acquisition of CGES' parent company, Comark, but also does not reflect that the renamed CGES business, Insight Public Sector, stopped representing itself as a small business in 2004.

Nonetheless, the contract remains in place to this day, which is particularly galling to those who argue that far too many large companies win small-business set-asides, either by exploiting loopholes in the systems, or, worse, by fraudulently representing themselves as something they are not. In this case, Insight admits to no wrong doing and thus does not appear to be barred from selling additional goods to the government. That's just not right, according to Lloyd Chapman, President of the American Small Business League and one of the nation's most out-spoken critics of the government's handling of small-business, set-aside contracts.

"A $1 million fine to a $1 billion company is a drop in the bucket," he says. He wishes the government would crack down harder simply because far too many companies are beating the system. According to his Web site, the government's Small Business Administration (SBA) has removed 600 large companies from its database of small businesses. But it has penalized zero. Well, make that one: Insight, a company that was never found to misrepresent itself in the first place. Go figure.

It's not hard spotting firms that don't deserve set asides, Chapman says, "It's like finding shells on the beach."

He would know. He's combed through literally thousands of documents to identify what he believes are the most significant abusers of set-aside awards. And he believes some of IT's most vaunted firms are at the heart of the problem. That includes the aforementioned GTSI, which went nuts when I wrote about its involvement with set-asides for VARBusiness Magazine. That billion-dollar plus company secured some set-aside business for itself a few years ago, though not by breaking any rules, company officials insist. GTSI secured set-aside business from the government when it was small and was able to renew some of those deals over a period of time. Nothing wrong with that, Young himself told me once in a somewhat heated exchange at a New York investment conference. He likened taking advantage of contracting loopholes to securing the maximum number of legal tax breaks available from the IRS at tax time.

The comparison doesn't sit well with some. And that's why Chapman and others are working hard to get the government to changes its ways.

Why this matters to you is this. Despite his sometimes abrasive demeanor, you cannot deny that Chapman is now a force to be reckoned with. His unrelenting style has humbled civil servants and commanded the attention of lawmakers and the media both.

"I have a message for vendors," he says. In essence, he wants them to be aware that some of the firms that they rely on to sell to the government may ultimately run into trouble if his campaign to clean up the awarding of small business contracts succeeds. That could ultimately upend your business, at least temporarily.

That's why I believe there is a role for government program managers to play trying to help larger contractors work with smaller companies as subs or even mentorees. You might think it meddling, but it's really smart continuity planning.




Small business group says SBA moving closer to abolition

News

Small business group says SBA moving closer to abolition

Central Valley Business Times
March 30, 2006

An April 6 hearing called by U.S. Sen. Tom Coburn, R-Okla., is one of the precursors to eliminating the Small Business Administration, says a California small business advocate.

The hearing will be biased toward elimination of the SBA because of the witnesses on its agenda, says Lloyd Chapman, president of the Petaluma-based American Small Business League.

A key witness scheduled to testify is Veronique de Rugy of the American Enterprise Institute, Mr. Chapman says.

Ms. de Rugy has advocated abolishing the SBA, contending that common beliefs about small business are wrong. She says when it comes to jobs, the greatest job creation comes when small companies become big companies.

And in a December 2005 interview with BusinessWeek Online, she reaffirmed her call to kill the SBA, saying it "does a lot of damage."

But Mr. Chapman says the real reason to kill the SBA is for big business, especially defense contractors, to get the estimated $119 billion in government contracts now earmarked for small business.

In the BusinessWeek interview Ms. de Rugy also noted she has called for an end to subsidies to big business as well.

For his part, Mr. Coburn says the April 6 hearing will simply examine the effectiveness of the SBA.

He says his office "has received indications that officials from the SBA itself may be engaging in lobbying activities against this hearing," in a press release Thursday afternoon.

"It is absurd to suggest that I have a hidden agenda to harm small business," Mr. Coburn says in a statement. "I've never met a small business owner who believes any aspect of the federal government is operating at peak efficiency and should be immune from examination. If the ASBL believes the SBA represents the pinnacle of economic perfection and efficiency and is beyond scrutiny, then they should be confident that their perspective will be vindicated during this hearing."




The American Small Business League says it will file its third lawsuit seeking to compel SBA to release information

News

The American Small Business League says it will file its third lawsuit seeking to compel SBA to release information

Set-Aside Alert
March 24, 2006

The League charges SBA is withholding information that would identify large companies posing as small ones to receive federal contracts. In response to a Freedom of Information Act request, SBA said it does not have the names of firms it reported as small businesses in 2004.

"I am confident the information we obtain will prove the SBA and the GSA have diverted billions in small business contracts to Fortune 1000 companies," said ASBL President Lloyd Chapman. "It's unacceptable that we have to go to court over and over just to get the most basic information from the SBA. Clearly they are trying to hide damaging information."

During the past twelve months, the ASBL has won two Freedom of Information cases against SBA. The League says a federal court ordered the government to pay its legal fees totaling more than $54,000.

"These lawsuits are a waste of taxpayer dollars," Chapman said.




SBA Refuses to Disclose Identity of Firms that Received $119 Billion in Federal Small Business Contracts

Press Release

SBA Refuses to Disclose Identity of Firms that Received $119 Billion in Federal Small Business Contracts

March 14, 2006

PETALUMA, Calif., March 14, 2006 /PRNewswire/ -- In its annual report to the President, The Small Business Economy, the SBA's Office of Advocacy reported that small businesses were awarded an estimated $119.2 billion in Federal prime and subcontracts during fiscal year 2004.

Responding to a Freedom of Information Act request by the American Small Business League, the SBA claimed that they do not have the names of firms they reported as small businesses in 2004.

ASBL President, Lloyd Chapman, believes the SBA is attempting to withhold information that will prove the SBA has dramatically overstated small business procurement figures by reporting billions in contracts to some of the largest firms in the U.S. and Europe as small business awards.

The ASBL is preparing to file its third Federal lawsuit against the SBA to force them to release the names of the firms. Chapman stated, "I am confident the information we obtain will prove the SBA and the GSA have diverted billions in small business contracts to Fortune 1000 companies. It's unacceptable that we have to go to court over and over just to get the most basic information from the SBA. Clearly they are trying to hide damaging information."

During the past twelve months, the ASBL has won two similar Freedom of Information cases against the SBA. The Justice Department has been directed by the Federal court to pay the ASBL over $54,000 in legal fees due to the SBA's refusal to release records that are supposed to be available to the public.

"These lawsuits are a waste of taxpayer dollars," Chapman said.

Seven Federal investigations and two private studies have documented that Fortune 1000 firms and their subsidiaries have received billions in small business contracts. Three of the reports came from the SBA's own Office of Inspector General (Reports 5-14, 5-15, and 5-16). SBA Administrator Hector Barreto has refuted all nine investigations.

About the ASBL
The American Small Business League was formed to promote and advocate policies that provide the greatest opportunity for small businesses - the 98% of U.S. companies with less than 100 employees. The ASBL is founded on the principle that small businesses, the backbone of a vital American economy, should receive the fair treatment promised by the Small Business Act of 1953. Representing small businesses in all fields and industries throughout the United States, the ASBL monitors existing policies and proposed policy changes by the Small Business Administration and other federal agencies that affect its members.

###

Contact:
Lloyd Chapman
lchapman@asbl.com
707-789-9575
www.asbl.com