California group forces SBA to disclose documents

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California group forces SBA to disclose documents

By Raksha Varma
Silicon Valley Business Journal
April 17, 2006

A California small business group claimed its second legal victory in 18 months against the Small Business Administration on Monday.

The American Small Business League said the SBA has released documents concerning 102 dismissed protests that had been filed against firms, challenging their "small business status."

The group requested the documents under the Freedom of Information Act, saying the SBA had been dismissing legitimate protests in order to protect large contractors that won contracts intended for small businesses. These protests had been filed against firms accused of misrepresenting their status to illegally obtain federal small business contracts, according to the ASBL.

"The SBA has a history of withholding damaging information like this," ASBL President Lloyd Chapman said in a press release.

Mark Quinn, district director of the SBA's San Francisco office, said the government is simply trying to make sure small businesses get a fair shot at government contracts. "The system should permit outside challengers to see if the SBA is meeting that role."





SBA Loses Second Legal Battle with California Small Business Advocate

Press Release

SBA Loses Second Legal Battle with California Small Business Advocate

American Small Business League Victorious in Lawsuit Under Freedom of Information Act

April 17, 2006

PETALUMA, Calif., April 17, 2006 /PRNewswire/ The Small Business Administration has capitulated after an eighteen month legal battle with the American Small Business League to obtain documents under the Freedom of Information Act. The SBA had fought the release of small business size standard protests that had been dismissed. These protests had been filed against firms accused of misrepresenting their size status in order to illegally receive Federal small business contracts. This is the second time in the past twelve months that the ASBL has prevailed in Federal court against the SBA.

The SBA was forced to release 102 dismissed protests that had been filed over an eighteen-month timeframe against firms whose small business status was challenged. The ASBL requested the documents because it believed a clear pattern would emerge of the SBA dismissing legitimate protests in order to protect large government contractors that receive small business awards. A preliminary review of the documents released as a result of the suit confirms that a large number were dismissed on minor technicalities. Furthermore, the SBA failed to follow up on the information provided with the protests that showed these large companies were receiving millions of dollars in contracts.

"Our findings confirm we were right on target with our concerns. The SBA has a history of withholding damaging information like this," stated Lloyd Chapman, President of the American Small Business League. "And this is just a sampling over an eighteen-month period. We believe this pattern of behavior goes back well over a decade."

Chapman added, "Hector Barreto claims that there would be severe penalties for firms misrepresenting their size to obtain small business contracts. Yet the documents we received indicate that the SBA is actually helping these firms to break the law. It's time for the Justice Department to investigate the SBA's handling of protests against large firms. We're talking about $119 billion in small business prime and subcontracts. Where is the oversight to protect small business?"

Chapman stated that he intends to file another lawsuit against the SBA later this week.

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.

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



GTSI reports $16 million net loss in '05

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GTSI reports $16 million net loss in '05

By Roseanne Gerin
Washington Technology
April 14, 2006

Beleaguered IT products and solutions company GTSI Corp. yesterday reported a net loss of $16 million on total revenue of $886.3 million for 2005.

The net loss contrasts with a net gain of $10.3 million on total revenue of almost $1.1 billion in 2004.

The Chantilly, Va., company, which is in the process of transforming itself from a traditional computer hardware reseller into a total solutions provider, suffered from a year of crippling setbacks. These included problems with the implementation of its new enterprise resources management system, a high employee attrition rate, deficiencies in some sales teams, and revenue and expense imbalances because of lower sales and higher employee-related costs.

Publicly traded GTSI received a staff determination letter from Nasdaq in early April because it failed to file its annual report on Form 10-K for 2005 with the Securities and Exchange Commission, as market rules require. With GTSI's common stock subject to delisting by Nasdaq, the company now expects the request to be canceled because it filed the 10-K April 12, said Thomas Mutryn, GTSI's senior vice president and chief financial officer.

Mutryn and James Leto, GTSI's president and chief executive officer, discussed GTSI's financial results and the problems it faced in 2005 during a conference call with investors yesterday.

What's more, Ernst & Young, which audits the company, raised doubts about whether GTSI could continue as a going concern. GTSI said it obtained a commitment letter for a $125 million senior secured revolving credit facility from a consortium of banks to meet its seasonal working capital requirements and potential long-term borrowing needs. GTSI expects to close on the facility by May 31, and anticipates that Ernst & Young will remove its advisory.

GTSI lost about $90 million in revenue in 2005 because of changes in government procurement strategy, such as reverse auctions, direct negotiation of mass licensing agreements with software companies and the General Services Administration's SmartBUY program, under which the federal government can buy commercial software governmentwide in order to receive bulk savings, Leto said.

Mobile and desktop computers, enterprise computers, software, networking, services and enterprise storage were GTSI's main revenue-generated offerings in 2005. The company's top revenue-generating partners included Panasonic, Sun, Cisco, Microsoft and Hewlett-Packard.

GTSI posted a loss of $5.6 million during the fourth quarter of 2005 on $279.2 million in revenue, compared with a net gain of more than $2.7 million on revenue of $327.9 million during the same period in 2004.

GTSI No. 19 on Washington Technology's 2005 Top 100 list of federal IT prime contractors. The 2006 Top 100 list will be released on May 15.





GSA Comment Deadline Looms

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GSA Comment Deadline Looms

By Keith Girard
AllBusiness.com
April 14, 2006

The head of a small business group says his campaign against proposed rule changes at the federal General Services Administration is yielding a flood of comments from angry small business owners.

But he urged owners to keep up the pressure and file a written comment with the agency before the deadline passes on Monday.

The organization head, Lloyd Chapman of the American Small Business League (ASBL), says the GSA may be adopting policies that he characterized as "anti-small business." The changes, he says, would allow Fortune 1000 companies to report as small businesses and receive billions of dollars in contracts.

"The fraud and abuse that we are seeing in federal small business contracting programs would never have occurred without the knowledge and consent of the General Services Administration. This agency is one of the primary culprits in allowing contracting abuse," he said in a statement.

To file a comment, go to the government's acquisition Web site, or the ASBL's site.