NASA Sued Over SMB Contracting

News

NASA Sued Over SMB Contracting

By Keith Girard
AllBusiness.com
May 4, 2006

Nothing makes a louder roar than the Space Shuttle blasting off into orbit, but when it comes to small business contracting, NASA is like space itself – cold and silent.

That's the allegation of small business gadfly Lloyd Chapman, who says NASA has been stonewalling him for months over its small business contracting practices.

Chapman filed suit in federal court yesterday on behalf of the American Small Business League (ASBL) to force NASA to produce contract documents under the federal Freedom of Information Act. "I believe that NASA is falsifying their small business reports to Congress, and I believe that they are allowing their contractors to falsify their small business reports," said Chapman, who is the ASBL president and founder.

Chapman is attempting to follow up on a 2003 report by the Government Accountability Office, which uncovered evidence that NASA's contracting officers were characterizing contracts to large businesses as small business awards.

Chapman also had some choice words for the U.S. Department of Justice. "Since 2003, there have been 11 federal investigations that have uncovered a variety of fraudulent practices and other abuses in small business contracting. Rather than taking appropriate action to put a stop to the illegal activity, the Justice Department assists agencies to withhold damaging information."





NASA Sued Over Fraudulent Contract Data

Press Release

NASA Sued Over Fraudulent Contract Data

May 4, 2006

Read the complaint

SAN FRANCISCO, CA, May 4, 2006 /PRNewswire/ -- Lloyd Chapman, President of the American Small Business League, has filed suit in Federal court against the National Aeronautics and Space Administration under the Freedom of Information Act (FOIA) in order to obtain the names of firms to which NASA has awarded small business contracts. Efforts by Chapman to obtain the information through FOIA were largely ignored by NASA personnel?no written response was ever received?however, NASA did acknowledge receipt of the requests by telephone.

?I believe NASA is falsifying their small business reports to Congress and I believe that they are allowing their contractors to falsify their small business reports. I?ve also seen evidence that NASA is protecting large companies that are intentionally misrepresenting themselves as small in order to illegally receive small business contracts,? stated Chapman.

A 2003 Government Accountability Office investigation found that NASA contracting officers were reporting contracts to large businesses as small business awards. Chapman is convinced that this problem is ongoing. ?We are requesting information to determine the magnitude of this problem and NASA has refused to respond to our FOIA request, or to our appeal, or to our final notification letter. My experience has been that anytime an agency has refused to provide information that is readily available, it?s usually because they are trying to cover something up.

?It?s ridiculous that we have to go through Federal court for simple information like this. NASA has these statistics in a database and could e-mail them to us in five minutes, yet we?ve spent months going back and forth with them. Clearly, there is a problem with NASA?s reporting, and the fact that we have to go to court is proof of that.?

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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For information contact:
Lloyd Chapman
(707) 789-9575
www.asbl.com



Justice Department Helps Cover Up Fraud

Press Release

Justice Department Helps Cover Up Fraud

May 3, 2006

PETALUMA, CA, May 3, 2006 /PRNewswire/ -- In the last twenty-four months, the Justice Department has represented the Small Business Administration in their efforts to withhold information requested under the Freedom of Information Act that could be used to prove felony contracting fraud. The American Small Business League has been forced to sue the Federal government four times for data that, by law, must be available to the public.

Since 2003, there have been eleven Federal investigations that have uncovered a variety of fraudulent practices and other abuses in small business contracting. The investigations have also found that contracting officers within government agencies have participated in the process by coding large businesses as small in order to project the false impression that they have met their small business goals. Intentionally misrepresenting a firm's size status in order to receive small business contracts is a felony that carries a maximum sentence of ten years in prison, a $500,000 fine per occurrence, and permanent debarment from government contracting. To date, none of the firms that were cited in the investigations have been prosecuted.

Rather than taking appropriate action to put a stop to the illegal activity, the Justice Department assists agencies to withhold damaging information.

"I've won every lawsuit that I've filed so far, and in each case we've exposed more evidence of fraud and abuse. It doesn't seem right that the Justice Department is one of my biggest opponents," stated Lloyd Chapman, President of the American Small Business League. "I know the American people would much rather see Attorney General Alberto Gonzales do his job and go after the fraudulent companies than to help agencies to cover up abuse of the system."

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.

###

For information contact:
Lloyd Chapman
(707) 789-9575
www.asbl.com