New SBA recertification rules kick in

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New SBA recertification rules kick in

By Kelly Spors
The Wall Street Journal Online
August 27, 2007

The Small Business Administration's new federal contracting recertification rules took effect recently. Starting June 30, the government began requiring that all businesses with federal contracts coded as "small businesses" be recertified every five years or when acquired or merged with another company. Previously, businesses could go up to 20 years after they received a small-business contract without getting recertified, the SBA says. Some groups, including the American Small Business League, complained a huge portion of small-business contracting dollars were going to large companies. One possible reason: Small businesses tend to grow large after they get federal contracts or acquired by much larger companies.

The SBA says businesses won't lose their federal contracts if they're no longer classified as small due to recertification, but that the new recertification rules will lead to better record-keeping and help the government maintain its small-business contracting goals. In 2003, Congress directed that at least 23% of all prime and subprime government contract dollars should go to small businesses.

"Under these rules, most large businesses credited with small contracts will no longer be counted as small, effective June 30," the SBA says in a release. "Nearly all the remaining large businesses will be scrubbed from the database within a year."

Some groups don't think the new recertification procedures do enough to prevent large businesses from getting small-business contracts. The American Small Business League and the SBA's own inspector general previously called for small-business contracts to be recertified every year. SBA officials say their feedback on that proposal suggested that annual recertification would be too burdensome. The League also says that the five-year certification rule would now allow many large businesses with small-business contracts to keep those contracts until 2012. "The new five-year grandfathering/five-year re-certification policy will now allow the SBA to officially report the miscoded contracts and thousands of other government contracts to Fortune 1000 firms and other large businesses as small-business awards for at least five more years," the League says in a July 2 release

SBA Sticks to Miscoding to Explain Small Business Contracts to Fortune 500 Firms

Press Release

SBA Sticks to Miscoding to Explain Small Business Contracts to Fortune 500 Firms

August 21, 2007

Petaluma, Calif. – For the fifth consecutive year the Small Business Administration has cited miscoding as one of the primary reasons for the diversion of billions of dollars in federal small business contracts to some of the nation’s largest defense contractors. 
 
 During an SBA hosted teleconference on Friday, August 17th, SBA Administrator Steven Preston told journalists that miscoding was still a problem and that miscoding was the main reason that large firms such as Lockheed Martin were still receiving federal small business contracts. Other firms receiving federal small business contracts include Halliburton, Raytheon, Northrop Grumman, SAIC, and General Dynamics.
 
The SBA began to cite miscoding as a reason for the diversion of federal small business contracts to Fortune 500 firms beginning in 2002. Yet, in the last five years the SBA has been unable to explain why miscoding, which should be a random occurrence, tends to happen only in situations involving contracts to large companies miscoded as small business contract awards and not as large business contract awards to small companies. 
 
In addition to the miscoding, Administrator Preston claimed that “old regs” were another problem which allows large businesses to receive federal small business contracts and acknowledged that in previous years small business contracting numbers posted by the Bush Administration did contain awards to Fortune 500 companies because of these old regulations. However, Preston failed to mention that the old regulations that have allowed the federal government to report awards to large businesses as small businesses contract awards were written by the federal government and coauthored by the SBA and the Office of Management and Budget. 
 
Since 2002, there have been more than a dozen federal investigations that offered more plausible explanations as to why the world’s largest defense contractors have received federal small business contracts. A report from the SBA Office of Advocacy found fraud in the form of vendor deception, the SBA Office of Inspector General found fraud in Report 5-16, and in Report 5-14 found that the SBA itself was reporting awards to large businesses as small business awards.
 
In the teleconference, Preston also announced that of the 24 federal agencies only half achieved their small business contracting goal. Additionally, he announced that the government had adjusted the total amount of small business contracts awarded to legitimate small businesses for FY 2005 by reducing the previous total by $4.6 billion.
 
“The SBA has had 10 months to review this data and for them to come out and say that there is still miscoding is unacceptable.” President of the ASBL, Lloyd Chapman said. “After 5 years, it is an insult to the intelligence of every American and every member of Congress, that the SBA thinks that people still believe that billions of dollars a year in awards to some of the nation’s largest defense contractors are the result of random data entry errors. It is absurd and ridiculous. Members of Congress called previous SBA Administrator Hector Barretto dishonest and I think that Preston is following in his footsteps.”
 
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Agencies fall short of small business contracting goals

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Agencies fall short of small business contracting goals

By Robert Brodsky
Governement Executive.com
August 17, 2007

The government as a whole and more than two thirds of agencies failed to meet small business contracting goals last year, according to figures released by the head of the Small Business Administration Friday.

In a teleconference with reporters, SBA Administrator Steven Preston said the figures, while disappointing on some levels, reflected an increased level of transparency and higher standards for data accuracy than in previous years.

"We have a lot of work to do," Preston said. "But we are going in the right direction."

According to SBA's report on fiscal 2006 contracting, a total of $77.7 billion -- or 22.8 percent of all federal contract dollars -- went to small businesses. This was just short of the governmentwide goal of 23 percent. A bill that passed the House in May would increase that statutory goal to 30 percent.

The government overall did meet a subgoal of awarding 5 percent of contract dollars to small disadvantaged businesses. Agencies cumulatively gave 6.8 percent of contract dollars to such companies, according to the report.

SBA also released its first Small Business Procurement Score Card on Friday, which used a traffic light system to measure each agency's compliance with the acquisition goals. Twelve received a grade of red, the lowest score possible.

To earn a good mark, agencies had to reach the 23 percent goal and meet targets in at least three of four socioeconomic subcategories. These were the small disadvantaged business goal, awarding at least 5 percent of all contract dollars to women-owned small companies and granting no less 3 percent of contract dollars to businesses owned by service-disabled veterans or operating in a historically underutilized business zone.

Just seven of 24 agencies met their small business contracting performance standards: the Agriculture, Energy, Homeland Security, Housing and Urban Development, Transportation and Veterans Affairs departments, and the SBA itself.

But the bulk of agencies fell well short of these goals. For example, the Defense Department -- far and away the government's largest procurer of goods and services -- awarded 21.8 percent of its contracts to small businesses and met only the small disadvantaged business goal.

The General Services Administration, which signs prenegotiated contracts for other agencies through its Multiple Awards Schedules, failed to meet its overall small business goal. The agency awarded 32 percent of its contracts to small businesses, but the SBA determined that because of the nature of the agency, the GSA's small business goal is 45 percent.

The House Small Business Committee expressed disappointment in the new figures, saying the failure of agencies to meet the governmentwide 23 percent goal amounted to $5.4 billion in lost opportunities for small businesses.

"Year after year, the federal government has failed to reach their small business contracting goal, and this year is no exception," said committee chairwoman Rep. Nydia Velázquez, D-N.Y., in a statement. "Once again, the government has neglected to take advantage of the innovations and quality products offered by small firms, resulting in billions of dollars that instead went to large government contractors."

Meanwhile, in light of numerous reports that the information used to substantiate the small business figures was inaccurate, the SBA and the Office of Federal Procurement Policy recently asked all agencies to cleanse their 2005 and 2006 data for contracts mistakenly coded as small. The data scrubbing resulted in $4.6 billion in improperly coded contracts, bringing down last year's total from 25.4 percent to 23.4 percent.

Critics suggest there still are many reasons to be skeptical of the SBA's math. Eagle Eye Inc., a Fairfax, Va., research firm that focuses on government spending, recently released data indicating that roughly $82 billion -- or about 20 percent of all prime contracts --went to small businesses last year.

The discrepancy with the SBA's numbers can be attributed to the fact that SBA does not count all federal procurements. Contracts performed outside the United States, including those related to Iraq reconstruction, are excluded. Contracts funded predominantly by agency-generated funds rather than congressionally appropriated money, including acquisitions by the CIA, Federal Aviation Administration and U.S. Postal Service, are also left out of SBA's figures.

Additionally, SBA's report includes contracts held by industry giants, such as Lockheed Martin and SAIC. For years, agencies have been allowed to count as small those contracts originally awarded to small firms that subsequently were purchased by larger companies. Democrats on the House Small Business Committee last year found that $12 billion in contracts that agencies claimed went to small businesses were awarded to some of the country's largest firms.

The SBA, which says that figure is significantly smaller, says a new regulation should remove most of the oversized contractors from the list no later than 2008. The rule, which went into effect June 30, requires small businesses that merge or are acquired to recertify their size immediately. But firms with small business contracts that expand into larger businesses will not have to recertify their size status until the completion of the first five years of a contract.

Preston argues that annual recertification would put an intense burden on both small businesses and federal agencies, which may think twice about awarding a lucrative contract to a business that is on the size status bubble. "This accommodation allows small businesses to invest the way they need to," Preston said.

But that rationale does not fly with Lloyd Chapman, president of the American Small Business League. He has spent the past four years battling SBA to prevent agencies from artificially inflating their small business figures, and plans to file suit this summer challenging the new regulations. He also spent a week in early August lobbying members of the House and Senate to introduce a bill that would prevent agencies from counting contracts held by Fortune 500 companies as small.

"The bottom line is, 'Are these contracts going to small businesses?'" Chapman asked. "And the answer is no."

Source:
http://www.govexec.com/story_page.cfm?articleid=37809&dcn=todaysnews




Small Businesses Responsible for Nearly All New Jobs

News

Small Businesses Responsible for Nearly All New Jobs

A new annual report sheds light on the impact entrepreneurs have on the overall economy.

By Liz Webber
Inc.com
August 16, 2007

Businesses with fewer than 20 employees account for 90 percent of all U.S. firms and are responsible for more than 97 percent of all new jobs, according to a new report by the Small Business Administration.

This is just one statistic from a recently published annual report by the Small Business Administration Office of Advocacy based on Census data  from 1988 to 2004, the most recent year available. The detailed figures quantify various indicators among small businesses, including job creation, business births and deaths, industry growth, and regional differences.

One new element this year is the expansion of state specific data, not just for the most recent statistics but also going back to the mid-1990s. "We're able to segment the market by state into urban and rural areas," which gives an indication of each region's impact on the economy, according to SBA economist Brian Headd.

For example, the states with the most number of new firms in urban areas in 2003-2004, included California, Florida, New York, and Texas. In rural areas, the largest growth was seen in Texas and Missouri.

Overall, small businesses grew more in 2003-2004 than in the previous year as a result of an increase in the number of new firms and little change to the number of firm closures, Headd said.

Small businesses also contributed the most in terms of employment. "Job generation by firm size showed that the bulk was from firms with less than 20 employees," said Headd. Those companies accounted for a net 1,626,793 jobs in 2003-2004, 97.1 percent of all new jobs.

However, on the whole, it is hard to track trends by looking at individual years, according to Headd. "I've noticed that year to year change is very small," he said. "The data obviously follows what's going on in the macro-economy."

Certain "hot cities" like Las Vegas and Orlando, have experienced population increases in recent years, and small-business growth in those regions mirrors the overall expansion, Headd said. As another example, when the national economy thrives the average company size tends to increase.

New and existing companies stand to benefit from the data by identifying potential opportunities in specific industries or geographic regions, according to Headd. Researchers might also find the data useful in recognizing economic and regional trends, he added.

"Policymakers can use it to understand what kind of commerce is occurring in their backyard," especially when framing new laws and regulations, Headd said. "This allows them to understand who would be impacted by their actions."

All data can be found on the SBA Office of Advocacy Web site at www.sba.gov/advo.

Source:  http://www.inc.com/news/articles/200708/data.html

Missteps found in awarding Katrina deals

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Missteps found in awarding Katrina deals

By AP
USA Today
August 13, 2007

Missteps found in awarding Katrina deals

WASHINGTON (AP) — The Bush administration has shown little progress — and in some cases backtracked — on its pledge to do a better job in awarding contracts to small, Gulf Coast businesses for Hurricane Katrina work, a congressional analysis shows.
The review of federal contracts from five government agencies, conducted by the House Small Business Committee, is the latest to document missteps in the award of billions of dollars of lucrative government work since the 2005 storm.

The findings were provided Wednesday to the Associated Press in advance of a hearing by the committee Thursday at which officials from the five agencies were to testify about the contract awarding system.

The committee's review found that small businesses in Louisiana had an overall net loss of $8.9 million in contracting dollars since April, when the agencies reaffirmed their commitment to give smaller companies a share of the work. The loss was due in part to a decision at the Homeland Security Department to modify several existing agreements instead of awarding significant new contracts.

In addition, the review found the five agencies — Homeland Security, General Services Administration, Defense, Veterans Affairs and Small Business Administration — had claimed falsely that 259 contracts were awarded to small businesses when in fact they went to large companies or ineligible recipients. That created the false impression that more than $95 million in contracts was awarded to small companies, when they actually went elsewhere.

FIND MORE STORIES IN: Katrina | Louisiana | Gulf Coast | April | Homeland Security Department | Small Business
Overall, about 7.4% of Katrina contracts so far have gone to small businesses in Louisiana, down from 12.5% in April, according to the committee.

"There is absolutely no excuse for failing to use local companies that are responsible for this region's recovery," said Rep. Nydia Velazquez, D-N.Y., who chairs the House panel. "I can assure you that this committee will continue to hold the federal government accountable for making sure this money is properly invested in the region."

Russ Knocke, a DHS spokesman, responded that the department has been working to fix errors but could not immediately say how many. He said the committee had not provided its information to the department despite requests by DHS; the committee said the data on which it based its analysis was available publicly.

For many weeks after the 2005 hurricane, small and local companies were shut out of Katrina work in favor of large concerns with extensive government and political ties. Following public criticism, Homeland Security's Federal Emergency Management Agency pledged to rebid four large trailer contracts and give the work to small companies.

FEMA ultimately rebid only portions of the work. Government investigators later found FEMA did not take adequate legal steps to ensure that the new companies were small and locally operated, resulting in a questionable contract award to a large company with ties to the Republican Party.

"This is a priority," GSA Administrator Lurita Doan told Congress in April. "You look at the list of who these businesses are, and you can eyeball them and say, 'Is that really a small business?' You have to do that. And if the heads of the agencies are going to be committed, that will make the difference."

But since then, Homeland Security has handed out 43 new contracts worth nearly $12 million to large companies or ineligible recipients. In contrast, it modified contracts to small Gulf Coast companies, resulting in a contract loss of $9 million in Louisiana.

In addition, 106 contracts worth $13 million were miscoded by DHS as going to small businesses, when in fact they were not. That's up from 61 contracts found by the committee in April.

Paul Schneider, DHS undersecretary for management, acknowledged in April that "there clearly has been errors in coding" and pledged action to fix them. Knocke said Wednesday the department believed that has been done, but contended it couldn't fully address the committee's concerns without its data.

Other findings:

•Since April, only 6% of new GSA contracts for Katrina work — about $61,000 out of roughly $978,000 — went to small Louisiana businesses. At the VA, the percentage was even lower: 0.7%, or $25,435 out of $3.6 million.

•Out of the $95.6 million in total contracts that were inaccurately claimed as going to small business, more than $77 million, or 81%, were awards by the Defense Department.

The committee findings come amid renewed focus on potential favoritism and abuse in government contracting — from Katrina to Iraq reconstruction. Earlier this year, investigators said as much as $10 billion — or one in six dollars — charged by U.S. contractors for Iraq reconstruction were questionable or unsupported.

In the coming weeks, Homeland Security inspector general Richard Skinner also was expected to release audits on the four no-bid Katrina contracts worth $400 million that were initially awarded in 2005 to four large politically connected companies.

The four companies were among six that also won new contracts worth up to $250 million each after open bidding in August.
 
Source: http://www.usatoday.com/news/washington/2007-08-02-katrina-contracts_N.htm