Bill could open door for venture capital firms

News

Bill could open door for venture capital firms

It would let small firms with wealthy backers collect federal grants.

By Cyndia Zwahlen
Los Angeles Times
September 27, 2007

Here we go again.

That's the concern of some small-business owners who worry that a bill scheduled for a House vote today would open a door for billion-dollar companies to benefit from federal small-business programs.

The Small Business Investment Expansion Act, which has been fast-tracked for a House vote with little debate since it popped up about 10 days ago, would allow a small firm that is majority owned by a venture capital firm or other investment company to continue to qualify for federal small-business programs.

Proponents say it's needed to ensure that small biotech and high-tech firms get the backing they need to survive their long product development time frames and produce crucial drugs and devices.

"It's really a necessity," said Steve Mento, president and chief executive of San Diego-based Conatus Pharmaceuticals Inc., which has nine employees and four venture capital investors.

Critics counter that the bill gives an unfair advantage to businesses that should no longer qualify for small-business programs, including the Small Business Innovation Research grants that benefit the biotech industry, because they are backed by a deep-pocketed entity.

"How do you compete?" asked Rick Shindell, chief executive of Zyn Systems, a small technology contractor in Sequim, Wash.

Jere Glover, executive director of the Small Business Technology Council, called it "the worst piece of small-business legislation I've seen in 25 years."

"This provision that allows rich individuals to take advantage of small business preferences, that's just unheard of. This not only opens up the Small Business Innovation Research program, but all the other [Small Business Administration] programs to companies owned by venture capitalists," said Glover, former chief counsel for the SBA's Office of Advocacy.

The bill's protections, such as the requirement that the venture capital company be small, don't offer much reassurance to Shindell and other opponents. Under SBA rules, a company must have fewer than 500 employees to be considered small, and many of the country's biggest and wealthiest venture capital firms would fall below that benchmark, they say.

The same concern was raised over an amendment offered Wednesday that would restrict venture capital firms to less than a 50% stake in a small firm and a minority representation on its board of directors.

"Donald Trump and his daughter could start a venture capital firm and qualify" for small-business contracts through their portfolio companies, said Lloyd Chapman, president of the American Small Business League and a longtime critic of the SBA.

In fact, the SBA is on his side on this one. The agency strongly opposes the bill, including the proposed change to the definition of small business for the purposes of venture capital investment. It's unfair for small businesses, the SBA said.

"It would be a step backward from our recent progress in addressing the misidentification of large firms as small businesses for federal procurement purposes," the SBA said in an e-mailed statement in response to questions from The Times.

The SBA has been touting its new rules meant to keep the country's largest companies from holding small-business contracts via the acquisition of small federal contractors. The rules, which went into effect June 30, were in response to years of criticism of regulations that allowed the giant companies to benefit from the small-business status of their acquisitions for the life of the contracts, which can be as long as 20 years.

In 2003, the SBA reinterpreted federal regulations regarding small-firm status and venture capital backing. Since then, under the agency's affiliation rules, a small firm's employee count for purposes of determining its federal size classification had to include those at the company as well as employees at its venture capital investors and their portfolio companies.

That move shut down access to Small Business Innovation Research grants for many small firms, including Conatus Pharmaceuticals.

"In an industry where capital is very, very intensively needed, Small Business Innovation Research helps to get products to market," said Alan Eisenberg, executive vice president for emerging companies and business development at the Biotechnology Industry Organization, a trade group.

Other efforts to reinstate access to the research grants for venture-capital-backed firms have been tried since 2003 without success.

HR 3576, introduced Sept. 18 by Rep. Jason Altmire (D-Pa.), a member of the House Small Business Committee, would allow small firms with venture capital backing to qualify for all federal small-business programs, including procurement contracts, as well as Small Business Innovation Research grants. Cosponsors include the committee chairwoman, Rep. Nydia M. Velazquez (D-N.Y.), who has championed the repair of federal small-business contracting problems.

To some opponents, the bill looks like a possible end run around the new SBA rules, although the bill's backers say the issues are unrelated. They say the bill simply helps close a capital gap for small companies that was opened in 2003.

The bill, which would amend the Small Business Investment Act of 1958, is supported by the National Venture Capital Assn., which says it encourages venture capital firms to invest in small businesses.

In addition to the changes in the venture capital investment standards, the bill would establish an investment program at the SBA that would provide as much as $2 million for angel investor groups to fund small companies. It also seeks to expand the agency's New Markets venture capital program and improve the SBA's surety bond insurance program.

In addition to voting on the amendment today, the House will vote on two others that would add green technology language to the bill. If approved, the amendments will be added to the bill and the House will then vote on the amended legislation.

If approved, the bill then goes to the Senate, which could consider it or create its own version for a vote in the future.

For Zyn System's Shindell, who also runs a website about Small Business Innovation Research grants, the House bill uses words with definitions so vague, such as control and ownership, that they create loopholes.

"When you allow that large of a question mark," he said, "it opens the doors, more often than not, for the big guy."






Congress to Vote on New Loophole for Venture Capital Companies; H.R. 3567

Press Release

Congress to Vote on New Loophole for Venture Capital Companies; H.R. 3567

September 26, 2007

Petaluma, Calif. - Tomorrow the United States House of Representatives will vote on H.R. 3567, the Small Business Investment Expansion Act of 2007, which will give some of the largest financial institutions in the world the ability to receive federal small business contracts for an indefinite time period.

The bill was introduced on Tuesday, September 18th by Representative Jason Altmire (D - PA) and is cosponsored by Representative Nydia Velázquez (D - NY) and Representative Sam Graves (R - MO).

Small business advocates around the country are disappointed with Congresswoman Velázquez for supporting a piece of legislation that they see as another loophole that will divert even more federal small business contracts to large corporations.

In the last four years more than 12 federal investigations have found that billions of dollars in federal contracts reported as going to small businesses actually went to some of the largest companies in the world.  Additionally, several of the investigations yielded reports that found firms like Lockheed Martin, Boeing, Raytheon, Halliburton, General Dynamics and even foreign-owned firms like BAE have all received hundreds of millions of dollars in federal small business contracts.

Opponents of the bill see it as another loophole that will allow large businesses to acquire controlling interest in a small business and keep that small business status indefinitely. 

The legislation comes less than 90 days after the Small Business Administration moved to close a similar loophole on June 30th by requiring firms receiving federal small business contracts to recertify their small business status every five years.

A similar exemption for venture capital companies was proposed and put out for comment in 2005.  During the comment period the SBA received the largest response in the history of the agency with more than 6000 responses, of which 95 percent were opposed to the policy.

The American Small Business League projects that if this legislation is passed it will divert as much as 20 billion dollars a year in federal small business contracts to firms that are owned by some of the largest financial institutions in the country.

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Venture Capital Firms To Get Government Small Business Contracts Under H.R. 3567

Press Release

Venture Capital Firms To Get Government Small Business Contracts Under H.R. 3567

Small business to lose billions in federal contracts to Venture Capital firms under new bill

September 25, 2007

Petaluma, Calif. – This week Congress will consider a bill that will allow many of the nations largest venture capital firms and banks to be considered small businesses. Under the bill, titled H.R. 3567 the “Small Business Investment Expansion Act of 2007,” venture capital firms will be given an exemption in federal small business size determination. If the bill becomes law, multi billion dollar venture capital firms and other qualifying financial institutions will be allowed to acquire a small business and retain that firm’s small business status indefinitely for the purposes of receiving federal small business contracts.
 
H.R. 3567 was introduced less than 90 days after the Small Business Administration adopted a policy to close a similar loophole that allowed billions in federal contracts to Fortune 1000 firms to be reported by the federal government as small business contracts. Prior to June 30th, federal policy allowed a large business to acquire a small business and retain that firm’s small business status for up to 20 years. The new SBA policy reduces the re-certification period to five years.
 
The SBA Office of Inspector General, the Office of Federal Procurement Policy and the Senate Small Business Committee all endorsed a policy that would have only allowed large businesses to keep the small business status of an acquired firm for one year. The Small Business Investment Expansion Act of 2007 will allow venture capital firms to acquire a small business and keep that firms small business status until that business breaches the small business size threshold for their industry.
 
 Since 2003, a series of federal investigations and private studies found the Bush Administration had included contracts to firms such as Lockheed, Boeing, Raytheon, Bechtel, General Dynamics, L3 Communications and Northrop Grumman towards the federal government’s 23 percent small business contracting goal.
 
Critics of the new bill see it as another big business promoted loophole that will divert even more federal small business contracts to large businesses. In August, SBA Administrator Steven Preston announced that $77.9 billion in federal contracts went to small business during FY 06, but acknowledged that “old regs” had allowed firms like Lockheed Martin to be considered small businesses.
 
In 2005, the Small Business Administration proposed a similar policy and put it out for public comment. The policy received the largest response to any proposed new policy in SBA history with over 6000 respondents. The SBA generally receives less than 100 responses to similar policy changes. Additionally, 95 percent of the responses were against any exemption for venture capital firms in small business size determination. The SBA dropped the proposed policy. Opponents to the exemption of venture capital firms included local Chambers of Commerce, small business groups, trade associations and individuals from across the country.
 
“It is very disappointing that this Congress would even consider another loophole like H.R. 3567, which will divert even more federal small business contracts big business.” American Small Business League founder Lloyd Chapman said.
 
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NAGC Statement of Opposition

News

NAGC Statement of Opposition

ALERT: Bill opens small business contracts to big business

National Association of Government Contractors
September 25, 2007

The Small Business Investment Expansion Act of 2007 (H.R. 3567) contains a provision (Title V) that will open Small Business Innovation Research grants to venture capital firms, banks and other conglomerates. The National Association of Government Contractors, is leading the effort to oppose this action that will allow big business to access funds set aside for small business innovation.

The bill was reported out of the U.S. House of Representatives Committee on Small Business unanimously today, but reservations were expressed about Title V. Committee Chairwoman Nydia Velázquez, D-N.Y., stated that she would work with members to address their concerns over Title V. However, the bill has been "fast tracked" meaning that a vote will come with little time to review the legislation and solicit feedback from constituents and trade groups like NAGC. The bill also contains many positive provisions that will make it attractive for a representative to support.

The legislation comes just months after billions in contracts awarded to Fortune 1000 companies were found being counted toward the government-wide agency small business procurement goal of 23 percent annually.

"We are disappointed Congress has decided to create a loophole right after we got one closed," said J.R. Claeys, president and CEO of NAGC. "Democrats, who control both houses, now have the opportunity to show America's small businesses if they support Wall Street or Main Street."

Title V repeals the defining characteristics of a small business defined in the Small Business At of 1958, including that it be independently owned and that it not be dominant in its field. While it maintains the requirement that a business have fewer than 500 employees, this would not stop any of the nation's venture capital firms from owning a small business to access SBIR funds. Venture capital firms could own stakes in countless small businesses, accessing SBIR funds through each.

Please help stop big business access to SBIR grants. Encourage your representatives to oppose H.R. 3567 to keep small business funds available to America's real small businesses.

Source: www.governmentcontractors.org