Fixing Small Business Procurement in the Bailout Bill

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Fixing Small Business Procurement in the Bailout Bill

Bizbox.Slate.com
October 2, 2008

The American Small Business League, a nonpartisan group (it has endorsed Sen. Barack Obama for president) that represents 100,000 small businesses nationwide, has been hammering away at a very specific aspect of the $700 billion bailout bill, which was passed yesterday by the U.S. Senate and now heads back to the House, which rejected an earlier version of it this past Monday.

Though the ASBL has not come out straight and said the bill ought to be defeated, period, it has made a substantial critique of the bill, asserting that its vague language could disadvantage small businesses in terms of receiving federal government contracts. According to the ASBL, the bill would authorize the Secretary of the Treasury to waive provisions of the Federal Acquisition Regulation that stipulate that some federal contracting go to small businesses, minority-owned businesses, veteran-owned businesses, and woman-owned businesses. "The federal government’s ability to exclude small businesses could last years, and middle-class firms could continue to lose billions of dollars in government contracts and subcontracts," the group said. It also ties it to what it said is a larger pattern of the Bush administration's trying to circumvent the law in order to steer maximum government contracts to big corporations.

Wisely, the ASBL advocates not just taking the damaging language out and securing the relevant provisions of the Federal Acquisition Regulation, but also changing an important aspect of the current law so that it more accurately reflects its initial intent: to ensure that an adequate percentage of federal contracts are awarded to small businesses. The problem appears to be that, right now, the government can award contracts to large businesses under certain circumstances and still report them as small-business procurements. The ASBL's proposal would adopt the Small Business Act's definition of a small business as one that is "independently owned" and would include in the bailout bill the sentence: "As of January 1st, 2009, the federal government will no longer report awards to publicly traded firms as small business awards." The addition of that one sentence and its subsequent enforcement could redirect as much as $100 billion per year in federal contracts to true small businesses, the ASBL estimates.

Given that, according to ASBL President Lloyd Chapman, a number of reported small-business procurements have recently gone to such tiny firms as Home Depot, John Deere, and Starwood Hotels, this proposal seems sensible to us.

Source:  http://bizbox.slate.com/blog/2008/10/small_businesses_and_the_bailo_1.html



Small Businesses Need More Incentives in Bailout Bill

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Small Businesses Need More Incentives in Bailout Bill

By Keith Girard
AllBusiness.com
October 2, 2008

Small businesses traditionally have been the odd man out in the high-powered world of Washington politics, which has long dominated by deep-pocketed corporations. But in the past month, Main Street has been invoked more times than you can count to justify passage of the $700 billion bank bailout bill, but the measure clearly falls short of helping small business.

There’s no question that the credit crisis is real and that its origins are firmly rooted in Wall Street. But according to my own informal survey, while most major small business groups have endorsed the legislation, some groups say the rescue bill needs to do more to stimulate the economy -- not just the credit markets. On that score, it falls short on key provisions that will help small businesses play their traditional role as a catalyst for economic recovery.

As I noted in my column "Wall Street Crisis Rings Hollow on Main Street," last week, the National Federation of Independent Business’s monthly survey of small business economic conditions found that only 3 percent of those surveyed considered credit their No. 1 concern. The biggest fears were rising prices followed by the cost of health insurance. The bill’s supporters say if the credit crisis hasn’t swept Main Street yet, it soon will. But one thing is certain; the situation has ratcheted up uncertainty and that is having a strong psychological affect on owners.

"The fact remains that this necessity has been a difficult pill for small business to swallow," said NFIB president and chief executive Todd Stottlemyer, on the eve of Wednesday’s Senate vote on the bill. "However, small business owners recognize that their ability to grow their business depends upon stability and liquidity in the financial markets," he added.

It must also be a bitter pill for the NFIB as well. It has always opposed regulation and government intervention in the marketplace. But Stottlemyer noted that the Senate bill contained some important new provisions that should make it more palatable for small businesses. Some of the provisions are the so-called "tax extenders" that I wrote about in my column "SMBs in Dead Heat on the Tax Merry-Go-Round" last month.

In particular, the NFIB singled out a measure to help local community banks clear worthless government-sponsored assets from their balance sheets. These assets are related to the government bailout of Fannie Mae and Freddie Mac, the two giant, government-chartered mortgage organizations. The takeover wiped out holders of Fannie and Freddie common and preferred stock.

Fannie and Freddie shares were once considered as good as gold, and many small banks bought them because they were considered safe, dividend-paying stock. Under the bill they will be able to treat the loss as ordinary losses instead of capital losses, which could free up to $450 billion in capital for other purposes.

As Stottlemyer noted, community banks are critically important to small businesses. In fact, 48 percent of the small businesses that borrow from banks do business with institutions that have less than $1 billion in assets. But another 44 percent of small businesses are forced to rely on credit cards for financing.

The National Small Business Association (NSBA) notes the number of small businesses borrowing from banks is at a 15-year low because banks have increasingly shifted firms to credit cards. The House of Representatives recently passed The Credit Cardholders’ Bill of Rights Act (H.R. 5244) by a strong margin, 312-112, and the group is urging lawmakers to include its credit card reforms in the rescue bill.

The bill addresses some of the more egregious abuses, such as universal default, double-cycle billing and retroactive interest rate hikes on existing balances. More than 80 Republicans supported the bill despite strong opposition from the Bush administration. The NSBA is urging its members to write lawmakers and urge them to include the reforms in the bailout bill.

The Senate strongly endorsed the $700 billion economic bailout plan on Wednesday, after lawmakers laded the bill with a number of popular additions to make it more palatable to the House, where it failed in dramatic fashion on Monday. The bill, which was three pages in length when initially drafted, now spans more than 450 pages, and American Small Business League President Lloyd Chapman is raising red flags about one administration-backed provision.

Buried in the bailout bill is a provision that will give the Bush Administration officials broad power to waive any provision of the Federal Acquisition Regulation (FAR) they choose for an indefinite period of time, says Chapman.  The regulation governs federal acquisitions and competitive bidding procedures, including the requirement to set aside a certain percentage of government contracts for small businesses.

"Treasury Secretary Paulson should not be trusted to waive provisions of the FAR, which could be beneficial to his past and future employers on Wall Street and detrimental to the primary goal of the bailout bill, which is to bolster the national economy," says Chapman. "More fraud, abuse and loopholes for Wall Street and government officials will not make our nation's financial institutions more sound, create more jobs or help middle class Americans pay their bills."

Senate small business committee chairman John Kerry, D-Mass., has also been critical of the measure. "If we can spend $700 billion to fix Wall Street, we should be able to help our everyday entrepreneurs who employ half of America’s workforce and pump almost a trillion dollars into the economy each year," he said in a recent statement. "These owners are suffering today because of a credit crisis that is preventing them from gaining access to the capital they need to keep running - let alone to expand their firms to compete globally."

Traditionally, the Small Business Administration’s (SBA) 7(a) and 504 loan programs have provided 40 percent of the country’s long-term capital to small businesses, filling a gap left by private lenders, he notes. But these programs have become too expensive for many small business owners. Loans to small businesses through the 7(a) program are down 30 percent and loans through 504 have dropped 16 percent this year, costing the economy more than 42,000 jobs.

Kerry is pushing legislation to temporarily ban fees charged to borrowers and lenders who participate in the 7(a) program. The bill also suspends the lender and servicing fees and increases the maximum loan size for the 504 program. The relief package also would allow a limited amount of refinancing on certain mortgages, make the program’s job creation requirement more reasonable and improve and standardize the owner-occupancy requirement.

The proposals, he notes, are similar to those enacted to bolster the economy after the Sept. l1, 2001 terrorist attack. The changes helped then -- pumping more than $2 billion into local economies and saving or creating about 77,000 jobs -- and they’ll certainly help today, says Kerry.

"My changes will fill the gap left by the private sector at a time when our nation’s owners and employees on Main Street are wondering why the CEOs who created this crisis are receiving a bailout when they’re struggling just to keep their doors open," Kerry added.

Small businesses are widely recognized for creating the jobs that traditionally have lifted the economy out of downturns. If lawmakers are truly interested in helping Main Street as well as Wall Street, they need to broaden the bailout package to provide incentives like the ones suggested by Kerry to stimulate the economy -- not just credit markets.

Source:  www.allbusiness.com





Bailout Bill Doesn't Need to Waive Federal Acquisition Law

Press Release

Bailout Bill Doesn't Need to Waive Federal Acquisition Law

Bailout Bill Could Create Billions in Abuses by Waving Federal Contracting Laws

By Lloyd Chapman
October 1, 2008

Petaluma, Calif. - The following is a statement by American Small Business League President Lloyd Chapman:

In its present form, the bailout bill will give Bush Administration officials broad power to waive any provision of the Federal Acquisition Regulation (FAR) they choose for an indefinite period of time.

Section 107 of the bill could be a recipe for disaster at a time when the national economy has plummeted as the direct result of a blatant lack of proper government oversight. It would be foolhardy and irresponsible for Congress to grant the very individuals that are directly responsible for one of the worst economic disasters in United States history even more power to ignore federal procurement law for as long as they deem necessary.

The multitude of problems that could arise by allowing government officials to ignore even the most foundational principals of the FAR could be catastrophic. Staggering abuses in federal contracting are a common occurrence. Many of the nation's largest defense contractors are regularly found to be defrauding the federal government out of hundreds of millions and even billions in taxpayer dollars.

Waving provisions of the FAR could result in billions of dollars in fraud and abuse at multiple levels of government. Government officials cannot be trusted with the power to waive any federal procurement law they deem unnecessary.

Treasury Secretary Henry Paulson was the Chairman and Chief Executive Officer of Goldman Sachs before he came to Washington and he will no doubt be back on Wall Street in an equally if not more powerful position in 90 days. Of all the Bush Administration officials that deserve their fair share of responsibility for our nation's financial disaster, Treasury Secretary Paulson's name should be close to the top of the list.

Treasury Secretary Paulson should not be trusted to waive provisions of the FAR, which could be beneficial to his past and future employers on Wall Street and detrimental to the primary goal of the bailout bill, which is to bolster the national economy. More fraud, abuse and loopholes for Wall Street and government officials will not make our nation's financial institutions more sound, create more jobs or help middle class Americans pay their bills. 

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Bailout Plan May Include Anti-Small Business Language

Press Release

Bailout Plan May Include Anti-Small Business Language

Suspicious Language In Bailout Bill Worries Small Business Owners

October 1, 2008

Petaluma, Calif. – The Bush “bailout bill” includes some suspicious language that has small business advocates concerned. The Bush Administration has been persistent in its efforts to dismantle federal small business contracting programs and to divert those funds to big businesses. During his tenure, President Bush has cut the Small Business Administration’s (SBA) budget in half, and cut funding and oversight for every program assisting small businesses, including woman, minority and veteran-owned firms. (https://www.asbl.com/showmedia.php?id=1033)
 
The American Small Business League (ASBL) contends that language within the bailout bill seems out of place, extremely vague and overly broad. As a result, the legislation would give the Secretary of the Treasury a blank check to waive any section of the Federal Acquisition Regulations (FAR) he deems appropriate.

Section 107 of H.R. 3997, which addresses contracting procedures states, “For the purposes of this Act, the Secretary may waive specific provisions of the Federal Acquisition Regulation upon a determination that urgent and compelling circumstances make compliance with such provisions contrary to the public interest.”  The House of Representatives defeated H.R. 3997 Monday with a 228-205 vote.  However, the ASBL is concerned that as Congress moves to address the current financial crisis, a second incarnation of H.R. 3997 may be adopted with similar language.

During the last thirty days alone, Bush officials at the SBA have suspended taking applications for the Small Disadvantaged Business (SDB) contracting program, refused to release the government’s small business contracting statistics for fiscal year 2007, which ended a full year ago and appealed a Federal District Court ruling requiring them to release the names of firms that received federal small business contracts during FY 2005 and 2006. (https://www.asbl.com/documents/20080925courtordermod.pdf)

If the Bush bailout bill were to become law with the language of Section 107 in place, Bush officials would have the legal power to ignore the sections of the FAR that stipulate federal contracting opportunities for small businesses, woman-owned firms, minority-owned firms and veteran-owned firms. Federal agencies and prime contractors could be allowed to completely ignore the federal government’s small business contracting goals. Section 107 does not contain any stipulation on how long the “wavier of specific provisions” could last. The federal government’s ability to exclude small businesses could last years, and middle-class firms could continue to lose billions of dollars in government contracts and subcontracts.  

The ASBL predicted the Bush Administration would try to intensify its efforts to dismantle and weaken federal small business contracting programs as the administration entered its final months. (https://www.asbl.com/showmedia.php?id=1068)  

To date, 15 federal investigations have all found that during the Bush Administration, hundreds of billions of dollars in federal small business contracts have been diverted to some of the largest corporations in the World. (https://www.asbl.com/documentlibrary.html) In addition, CBS, ABC and CNN have all done investigative stories on the issue. (https://www.asbl.com/media2.php)

“Not only does this bill not contain any provisions that specifically help small business, it has provisions that could actually harm middle class firms. The language in Section 107 of the bill is totally inconsistent with the stated objectives of this legislation,” ASBL President Lloyd Chapman said. “It is clearly not necessary to suspend federal acquisition law to bail out Wall Street and the financial industry. I am very concerned the Bush Administration included that language to give them the authority to further dismantle federal programs designed to assist small businesses. We got into this situation because of a lack of proper regulation and now the same people that are responsible for these staggering economic problems want to be able to ignore any sections of federal contracting law they deem necessary. George Bush has proven time-after-time that he cannot be trusted especially when it comes to small business issues.”  




FAR reaching Bailout

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FAR reaching Bailout

By Marcia Wade
BlackEnterprise.com
October 1, 2008

Everyone (who didn’t get it before) is starting to understand why the $700 billion Emergency Economic Stabilization Act is necessary to ensure that the credit markets start flowing and that banks feel comfortable enough to loan to individuals, businesses and other banks.

Many people say that at the heart of the legislation is the urgency to undergird the needs of small businesses and their ability to draw credit for payroll, product development and operations. If that is the indeed the case, then lawmakers should definitely vote yes, but they should take a critical look at certain questionable elements of the bill before doing so.

For example, why did the Bush Administration decide to give the Treasury Secretary the authority to waive specific provisions of the Federal Acquisition Regulation in the proposed bailout? All Federal Executive agencies are required to adhere to FAR in their acquisition of supplies and services with appropriated funds. But most important to BlackEnterprise.com audiences FAR stipulates minority procurement of government contracts.

President Bush has not been a fan of affirmative action and by extension he has not been kind to the Small Business Administration along with 8 (a) programs that entitle women, veteran and minority-owned businesses to a certain portion of government contracts.

The American Small Business League has gone so far as to accuse the bill of having “Anti Small business” language. Of course the bill does NOT say “Don’t give government contracts to minorities.”

But when you take into account the fact that the SBA refuses to release statistics about the budget for fiscal year 2007 I understand why the ASBL might be led to think that the Bush administration has something fishy up their sleeves. Especially when the time frame in Section 107 is completely open-ended.

Lloyd Chapman, president and founder of the ASBL said in an interview that minorities are losing 90% of all the small business contracts to large businesses. Some of the names of companies who he reports are receiving this small business money include Boeing, Halliburton, Lockheed. Businesses? Yes. Small? Definitely not.

“Since Bush was elected he’s done everything he can to try to dismantle federal programs for minorities and small businesses and women owned firms,” says Chapman, listing here several other accusations against the Bush administration:



  • He refused to implement a seven year federal law directing that 5% of federal contracts be set aside for women-owned firms.
  • He closed the office of the SBA to help veteran-owned firms 18 months ago
  • He cut the SBA budget and staff by over 50%
  • The SBA (which is run by a Bush appointee) has refused to release names of firms that received small business contracts, and it is appealing to the 9th circuit court of appeals a federal court order that has directed them to release the names of firms that received small business contracts.

Chapman says the government reports giving $80 billion of small business contracts to small businesses last year. “But when you ask them who did that go to exactly? You have to spend a quarter million dollars in federal court to find out,” says Chapman. ”What do you think that means?”

That means that Senate and House members should still vote yes on the bailout. But knowing the administrations history they need to be cautious about the language used to give the Secretary of Treasury-a Bush crony-the right to waive regulations that safeguard a seat at the table for small and minority businesses. If Chapman’s assertions are correct, then the Bush administration is basically saying “We want to repeal the law, but trust us we’re going to make every effort to include small businesses.” Well there is a law now and they aren’t complying.

Chapman put it best when he asked?

“What would you rather have from a government that has diverted small business contracts to fortune 500 companies? Would you rather have a law or “We’ll do the best we can?”

Marcia A. Wade is the interactive reporter at Blackenterprise.com

Source:  http://politics.blackenterprise.com/2008/10/01/far-reaching-bailout/