SBA accused of falsifying small business contracting data

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SBA accused of falsifying small business contracting data

Central Valley Business Times
December 4, 2007

The Small Business Administration is falsifying data to cover up the fact that Fortune 500 firms have received most small business contracts dollars in recent years, charges the American Small Business League of Petaluma.

Citing a New York Times story, the ASBL says large defense contractors are using “millions of dollars” of federal small business contracts. The story said that General Dynamics had 47 small business contracts, Northrop Grumman had 121 small business contracts and Boeing had 37.

"Clearly this is an attempt by the SBA to do what they have always done; to cover up the fact that Fortune 500 corporations are actually the recipients of most small business contracts," says Lloyd Chapman, president of ASBL.

But the SBA has a different point of view.

“The large companies mentioned -- which acquired small businesses that held federal contracts -- are simply not among the Top 100 companies holding small business contracts,” says Michael Stamler, a spokesman for the SBA. “And in any case, those companies will be reclassified as large companies over the course of the next year as a result of new regulations announced by SBA last summer.”

Mr. Chapman says his organization plans to sue the SBA “a means of forcing them to release the names of all the firms that received small business contracts for FY 2005 and FY 2006, which should total $75.1 and $77.8 billion respectively."

Mr. Stamler contends the information is readily available.

“As to the threat of lawsuit over acquiring a full list of small business contractors, that full list is and always has been public record available through the Federal Procurement Data System, available to anyone, anywhere,” Mr. Stamler says.

But Mr. Chapman says the SBA's list of the Top 100 small business contractors “flies in the face of more than 15 federal investigations that have found fraud, abuse, loopholes and a lack of oversight in federal small business contracting."

Critics question SBA's list of top 100 small-business contractors



News


Critics question SBA's list of top 100 small-business contractors


By Elise Castelli


Federal Times




December 4, 2007


Critics are accusing the Small Business Administration of trying to hide the fact that large companies are winning billions of federal contracting dollars meant for small businesses.



The agency last week released a list of its top 100 small-business contractors. Not on the list were numerous behemoths that typically dominate similar reports: SAIC, Lockheed Martin, General Dynamics, GTSI and SI International, among others.



In 2006, for instance, SAIC ranked third among companies receiving the most federal contracting dollars targeted for small businesses, according to Eagle Eye Publishing, a private market research firm. General Dynamics was 13th, Lockheed Martin 26th.



None of them are on the SBA’s list of top small-business contract recipients for that same year.


An advocacy group representing small businesses says that’s because the agency is trying to deceive the public.



“This is an attempt by the SBA to do what they have always done: to cover up the fact that Fortune 500 corporations are actually the recipients of most small business contracts,” Lloyd Chapman, president of the American Small Business League said in a Dec. 3 statement. His group, which represents companies having fewer than 100 employees, intends to sue the SBA because the agency denied a recent Freedom of Information Act request for the data used by the agency in compiling the agency’s top 100 list.



Arthur Collins, SBA’s director for contracting, said tracking large businesses receiving small awards was not the intent of the new list.



“We looked at firms considered small and receiving large chunks of money under federal contracts,” Collins said. “It’s a different research question” from what the private companies have assessed in the past.



SBA removed $4.6 billion in contracts from its database on grounds that those contracts were incorrectly coded as being for small business. Still, it was conceivable that big firms might still be found getting small business awards, Collins said, so he was encouraged to see that by SBA’s research the larger firms didn’t break into the top 100.



“Releasing this list is part of SBA’s ongoing effort to increase the transparency, accuracy and integrity of government small business contracting data,” SBA Administrator Steve Preston said in the Nov. 30 statement.



He said all but one of the SBA’s top 100 firms were properly classified as small at the time they won their contracts. The one exception was DynCorp.



The SBA noted on its top 100 list that some small businesses listed were acquired by larger firms before fiscal 2006 and continued to receive small-business dollars. SBA did not explain why the data was listed by subsidiary, rather than the parent company that ultimately received the funds.



In all, 26 small firms on the list have either outgrown their small-business status or were purchased by large firms, like Lockheed Martin and General Dynamics, according to the SBA’s statement accompanying the list.






SBA Accused of Falsifying Small Business Contracting Data by the American Small Business League

Press Release

SBA Accused of Falsifying Small Business Contracting Data by the American Small Business League

December 3, 2007

In response to a Freedom of Information Act request filed by the American Small Business League for the specific names of firms that were coded as small businesses for FY 2005 and FY 2006, the Small Business Administration responded Friday by issuing a press release with the Top 100 report of small businesses that received the most small business procurement dollars for FY 2006. The ASBL accuses the SBA of falsifying the data to cover up the fact that Fortune 500 firms have received most small business contracts dollars in recent years.

The ASBL points to the fact that in a July 6, 2006 New York Times story titled, "Impersonators in the Land of Small Business," by Ron Nixon; spokesmen from General Dynamics, Northrop Grumman and Boeing acknowledged that they had millions of dollars in federal small business contracts. In fact, the story stated that General Dynamics had 47 small business contracts, Northrop Grumman had 121 small business contracts and Boeing had 37. Northrop Grumman and Boeing were conspicuously absent from the SBA's list of the top 100 recipients despite stories from ABC, CBS and CNN, which found that the Fortune 500 firms had received millions of dollars in small business contracts.

"Clearly this is an attempt by the SBA to do what they have always done; to cover up the fact that Fortune 500 corporations are actually the recipients of most small business contracts," President of the ASBL, Lloyd Chapman said. "To date no one has been able to obtain a list of all recipients of small business contracts. With this in mind, we intend to file a lawsuit against the SBA as a means of forcing them to release the names of all the firms that received small business contracts for FY 2005 and FY 2006, which should total $75.1 and $77.8 billion respectively."

In Report 5-15, the SBA Office of Inspector General stated that, "One of the most important challenges facing the SBA and the entire Federal Government today is that large businesses are receiving small business procurement awards and agencies are receiving credit for these awards."

"The SBA's list of the Top 100 small business contractors flies in the face of more than 15 federal investigations that have found fraud, abuse, loopholes and a lack of oversight in federal small business contracting," Chapman said. "With this list, they made more of an attempt at muddying the waters surrounding this issue than at legitimately solving the problem of large firms receiving federal small business contracts."

According to a report by FEDMINE.US containing the Top 50 recipients of federal small business contracts, firms like: UT Battelle LLC, Blackwater, GTSI, Thales and Hewlett-Packard received billions of dollars in federal small business contracts during FY 2006. However, the SBA's report for the same year contains no mention of these firms. Additionally, the top recipient of federal small business contracts for FY 2006 is, "Miscellaneous Foreign Contractors," According to FEDMINE.US. With this in mind, the ASBL challenges the SBA to explain Miscellaneous Foreign Contractors, the disparity between the two lists and publish their methodology for compiling their list.

FEDMINE.US has access to the XML data feed from FPDS-NG.

House bill clears way for VCs

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House bill clears way for VCs

By Laura Theis
Long Island Business News
November 9, 2007

A new bill that would allow more small businesses with venture capital backing to tap into federal grants is facing stiff opposition from groups that argue VCs could take advantage of loans designed to help the mom and pops.

The Small Business Investment Expansion Act of 2007, approved by the House of Representatives, would open up small companies that are majority-owned by venture capitalists to use Small Business Administration research grants.

Currently, the law doesn’t allow small businesses that are more than 49 percent owned by VCs to apply for the grants unless the company and venture capitalist employee fewer than 500 employees combined.

The Small Business Administration opposes the proposed changes because funding is supposed to help entrepreneurs, not big VC funds.

Edsel Brown, assistant director of the office of technology at the SBA in Washington, said the proposals also don’t take into account if the entire company is controlled by various venture capitalists. What happens, Brown asked, if three VC funds own a combined 90 percent of a company?

“We are concerned about firms getting financing,” Brown said, “but we feel this bill will have an adverse effect on small businesses.”

Lloyd Chapman, president of the American Small Business League, added that the bill hides behind the ruse of helping startups get capital.

But the bill’s advocates said the bill helps small businesses tap into more government resources. Ellen Sandles, president of the Tri-State Investor Network in New York City, said she supports broader availability of capital for small businesses. Sandles, however, warned that the new rules could lead to abuse because the grants would be used by groups that could just as well turn to the private sector.

Roslyn Goldmacher, president of the Long Island Development Corp., said she is for any plan that would bring additional funding to Long Island’s 98,000 smaller companies.

As a small-business-funded economy, Long Island needs as much access to small business cash as possible, she said.

“Our growth on Long Island is not major companies locating here, it’s entrepreneurs starting from here ground up,” she said.

Source: www.libn.com

Senate close to approving bill that would aid small contractors

News

Senate close to approving bill that would aid small contractors

By Louis Llovio
Daily Record
November 8, 2007

A U.S. Senate committee has approved a bill that senators say would improve the process in which small businesses in Maryland are awarded federal government contracts.

If signed by the president, the bill would improve oversight of the contracting process for small businesses and expand opportunities for companies owned by minorities, women and the service-disabled, Sen. Ben Cardin, D-Md., said in a telephone interview with The Daily Record Thursday.

The bill, S 2300, was unanimously approved by the Committee on Small Business and Entrepreneurship Wednesday and will now go to the floor of the Senate for a vote, which is expected before Thanksgiving.

A similar bill has passed the U.S. House of Representatives.

The two chambers would then meet in a conference committee to reconcile differences in the legislation and create a bill that would then go to the president.

Cardin, who co-sponsored the bill with Massachusetts Democratic Sen. John Kerry and Sen. Olympia Snowe, R-Maine, said the legislation had wide bipartisan support and should pass fairly easily.

Problems with the procurement process are of particular interest in Maryland because of the large number of firms in the state that do business with the federal government. It will become even more relevant as the effects of BRAC — the military base realignment and closure process — become reality.

According to a 2005 federal government procurement report, Maryland is the fourth largest receiver of government contracts in the U.S. It trails California, Virginia and Texas and receives 6 percent of all federal government contracts, worth $20 billion.

More than half of that, $10.8 billion, comes from defense contracts.

The U.S. Department of Health and Human Services and the National Aeronautics and Space Administration also handed out more than $1 billion in government contracts to Maryland-based companies.

Cardin said the bill was written to address complaints from small business owners that government set-aside programs were not working.

The bill would create greater oversight and transparency in the procurement process and guarantee that federal agencies are meeting requirements set by the U.S. Small Business Administration, he said.

“Too many barriers exist for small, minority and women-owned businesses, and I want to ensure a level playing field in the federal contracting process,” Cardin said.

Leutrell Osborne agrees that the way contracts are handed out is broken, but he disagrees that legislation is needed to fix it.

Osborne, an Annapolis government contracting consultant and former chairman of the Federal Office of Small Disadvantaged Business Utilization Directors Interagency Council, said enforcing laws on the books would solve the problems.

“They are just reacting to pressure,” he said. “They are creating more laws for nothing and they want the SBA to do more with less.”

Federal law, he said, mandates that agencies give a percentage of their contracts to small businesses.

In August, the SBA issued a status report that rated agencies on a “stoplight scale.” It found that when it came to handing small-business contracts, DoD, NASA and DHS failed to meet the basic standards. All three received a red rating for how they do business, meaning they did not meet any of the SBA’s goals.

Gloria Berthold, president of TargetGov at Marketing Outsource Associates Inc., a Baltimore government procurement consultant, said that while she said she applauded the Senate’s efforts, the bill lacked teeth.

She said government agencies are too short-handed and underfunded to do the oversight required by the new law or the existing ones.

The shortage in procurement officers also makes it easier for short-handed agencies to “bundle” contracts and let the big companies handle subcontracting.

Bundling is where small contracts are included in larger ones that are picked up my prime contractors, like Northrop Grumman Co.

In theory, the smaller contracts would trickle down to small business that would do the work as subcontractors.

But that doesn’t happen, she said.

The SBA did not return calls Thursday.

Source: www.mddailyrecord.com