Small Businesses Want President Obama to Answer One Question

Press Release

Small Businesses Want President Obama to Answer One Question

March 24, 2009

Petaluma, Calif. – As America slides deeper and deeper into recession, 27 million small business owners want President Barack Obama to answer one question at his press conference Tuesday.

Why are you allowing Fortune 500 firms to participate in government economic stimulus contracting programs designated for small businesses?

Since 2003, over a dozen federal investigations have been release, which found billions of dollars in federal small business contracts have been diverted to Fortune 500 firms and thousands of other large businesses around the world.

A recent investigative story by the Washington Post found up to 38.5 percent of all federal small business contracts were actually going to Fortune 500 firms alone.

In June of 2008, the Department of the Interior (DOI) Office of Inspector General found that agency had diverted millions of dollars in small business contracts to Fortune 500 firms such as Dell, GTSI, Home Depot, John Deere, McGraw-Hill, Ricoh, Sherwin Williams, Starwood Hotels, Waste Management Incorporated, Weyerhaeuser, World Wide Technology and Xerox Corporation. (http://www.doioig.gov/upload/2008-G-0024.pdf

The Small Business Administration (SBA) Office of Inspector General referred to the problem as, "One of the most important challenges facing the Small Business Administration (SBA) and the entire Federal Government today..." (http://www.sba.gov/IG/05-15.pdf

In February of 2008, President Obama recognized the dramatic negative impact abuses in federal small business contracting programs were having on American small businesses when he released the statement, "It is time to end the diversion of federal small business contracts to corporate giants." (http://www.barackobama.com/2008/02/26/the_american_small_business_le.php

To date, President Obama has not followed through on his campaign promise to America’s small businesses by ending the diversion of federal small business contracts to corporate giants.

The American Small Business League (ASBL) estimates over $100 billion a year in economic stimulus contracts earmarked for small businesses are diverted to Fortune 500 firms and other large businesses.

"President Obama doesn't seem to understand that 98 percent of all U.S. firms have less than 100 employees and those firms are responsible for 97 percent of all new jobs in America," ASBL President Lloyd Chapman said. "If President Obama would make good on his campaign promise, and end the diversion of federal small business contracts to large businesses it would re-direct over $100 billion a year in existing federal infrastructure spending directly to small firms, create more jobs and stimulate the economy more than anything else he has proposed so far. Someone in the White House Press Corps needs to ask President Obama why he is allowing Fortune 500 firms to participate in federal economic stimulus programs for small businesses."

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Obama Small Business Plan Dodges Major Problems

Press Release

Obama Small Business Plan Dodges Major Problems

March 18, 2009

Petaluma, Calif. - In March of 2005 the Small Business Administration Office of Inspector General released Report 5-15. The report stated, "One of the biggest challenges facing the Small Business Administration and the entire federal government today is that large businesses are receiving federal small business procurement awards and agencies are receiving credit for these awards." (http://www.sba.gov/IG/05-15.pdf)

To date, not one word of President Obama's small business rescue plan, his small business stimulus plan or his most recent small business credit plan to save small businesses even mentions this critical issue.

Every major newspaper in the country and numerous television networks such as ABC, CBS and CNN have released investigative stories on the diversion of federal small business contracts to corporate giants.  (ABC, https://www.asbl.com/abc_evening_news.wmv; CBS, https://www.asbl.com/cbs.wmv; CNN, https://www.asbl.com/showmedia.php?id=1170)

Since 2003 over fifteen federal investigations have been released that found widespread fraud, abuse, loopholes and a blatant lack of proper oversight in federal small business contracting programs. The investigations found that hundreds of billions of dollars in federal small business contracts were diverted to Fortune 500 firms and thousands of other large businesses. (https://www.asbl.com/documentlibrary.html)

Based on information from the federal investigations, the American Small Business League estimates over $100 billion every year in federal small business contracts are diverted to many of the largest companies in the world. President Obama has consistently refused to offer any legislation, ideas or policies to address this staggering problem for American small businesses.

President Obama seemed to recognize the massive negative impact the diversion of $100 billion a year in federal small business contracts was having on the middle class economy when he released his February 2008 statement, "It is time to end the diversion of federal small business contracts to corporate giants". (http://www.barackobama.com/2008/02/26/the_american_small_business_le.php)

If President Obama were to issue an Executive Order or adopt government policy to stop the flow of federal small business contracts to "corporate giants" it would redirect over $100 billion a year back to America's 27 million small businesses. This would do more to stimulate the nation's economy and create jobs than any of his previous small business programs combined.

Small business owners and advocates are becoming impatient and disillusioned with President Obama's unexplained refusal to address one of the most significant and widely reported problems facing American small businesses today.

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No Cash and No Contracts for Small Business With New Obama Plan

Press Release

No Cash and No Contracts for Small Business With New Obama Plan

March 17, 2009

Petaluma, Calif. – President Obama's latest small business stimulus plan disappointed many small business owners and advocates, as it did not contain any specific provisions to infuse stimulus funds and stimulus spending directly to small businesses.

So far, 100% of the $2.3 trillion in federal funds that will be spent in an attempt to stimulate the economy are destined for state governments and the top 1% of U.S. firms. None of the stimulus funds or spending has been specifically directed to America's 27 million small businesses.

Small business owners and advocates were hoping President Obama would use this latest small business stimulus plan to keep a campaign promise he made in February of 2008 when he said, "It is time to end the diversion of federal small business contracts to corporate giants."

President Obama's statement was in response to a series of federal investigations that found hundreds of billions of dollars in federal small business contracts had been diverted to Fortune 500 firms. Stories on the diversion of federal small business contracts to corporate giants have run in every major newspaper and have aired on ABC, CBS and CNN (ABC, https://www.asbl.com/abc_evening_news.wmv; CBS, https://www.asbl.com/cbs.wmv; CNN, https://www.asbl.com/showmedia.php?id=1170

The American Small Business League (ASBL) has won a series of Freedom of Information Act (FOIA) cases against the Small Business Administration that forced the release of information on the actual recipients of federal small business contracts. Based on that data, the ASBL estimates over $100 billion a year in federal small business contracts are being diverted to Fortune 500 firms and hundreds of other large businesses. (https://www.asbl.com/documentlibrary.html)

The ASBL believes if President Obama would adopt policy or legislation to stop the flow of federal small business contracts to corporate giants, this would do more to stimulate the economy and create jobs than any of the small business policies President Obama has offered so far.

After watching President Obama outline his latest small business plan on CNN, ASBL President Lloyd Chapman stated, "The tax cuts and increased SBA loan guarantees are certainly a step in the right direction. If President Obama is sincerely trying to help small businesses, it is difficult to understand why he has consistently refused to adopt policies to stop over $400 million dollars a day in federal small business contracts from being diverted to Fortune 500 firms and thousands of large businesses. It just doesn't make sense."

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Long-Running Fight With Small Business Administration Sparks Contest Over Legal Fees

News

Long-Running Fight With Small Business Administration Sparks Contest Over Legal Fees

By Pamela A. MacLean
The National Law Journal
March 16, 2009

A small business advocacy group is fighting to recoup attorney fees in its long-running battle to force the federal Small Business Administration to turn over names of big corporations that win contracts intended for small firms.

Although the group ultimately got a list of all government contractors from another agency, it wants the SBA to pay its costs, while the SBA pushed to appeal a federal judge's testy court order in the case.

The Justice Department on March 5 withdrew its appeal to the 9th U.S. Circuit Court of Appeals on behalf of the SBA, which wanted to eliminate a derisive order by a federal judge in San Francisco.

That order, issued last year by U.S. District Judge Marilyn Hall Patel, accused the agency of "bureaucratic foot-dragging" and trying to avoid liability for attorney fees in a suit by the American Small Business League, which sought the release of names of small businesses getting government contracts.

The league, based in Petaluma, Calif., has repeatedly sued the SBA under the Freedom of Information Act to get access to annual lists of names of the small businesses that receive government contracts. Federal law sets a goal of awarding 23 percent of all government contract dollars to small businesses, and the SBA tracks agency progress to meet that target.

Last year, a report by the inspector general of the Department of Interior found that contracts awarded to The Home Depot Inc., Dell Inc., Xerox Corp., John Deere & Co., Waste Management Inc., The Sherwin Williams Co., The McGraw-Hill Cos. Inc. and Starwood Hotels and Resorts Inc. counted toward the agency achieving its small business contracting goal in 2006-2007. All are Fortune 500 companies.

The SBA defines small business as independently owned and operated and not dominant in its field. Manufacturers with fewer than 500 employees and wholesalers with fewer than 100 qualify, and those with gross revenues under $6 million.

In the league's case, Patel refused the SBA's request for a summary judgment last year, but she dismissed the FOIA claim as moot after the General Services Administration provided thousands of pages of names to the league. But that has not stopped American Small Business League President Lloyd Chapman from pursuit of legal fees in the case. American Small Business League v. SBA, No. C08-829MHP (N.D. Calif.).

Chapman said he is also about to file a new suit for 2008 data and this time will insist on the records coming from SBA.

"I never got the information from the SBA," Chapman said. "The agency is required by statute to maintain the information, and to my simple way of thinking they lied when they said they didn't have it," he said.

SBA spokesman Michael Stamler said the Justice Department would not pursue the appeal on SBA's behalf because the case is moot. "This is just another publicity stunt by ASBL," he said.

"They sued us for the records but it is not our data," he said. "They are GSA documents," he said.

But that is a claim Patel specifically took to task in her order. "The court finds curious the SBA's argument that it does not 'control' the very information it needs to carry out its duties and functions," she wrote. The fact that GSA manages the raw database does not alter that the records are SBA agency records, she wrote.

Contractors in each agency check a box to indicate if the contract went to a small business, and there are 6.5 million government contracts awarded annually, Stamler said.

"We can't go through 6 million contracts in the database," he said. Asked whether the SBA had an obligation to audit or confirm the accuracy of federal agency claims that they give small businesses contracts, Stamler said, "We don't have the capacity to audit those contract entries."

Eric Benderson, head of litigation for the SBA said, "there is policing in the sense that competitors can file a challenge in the Office of Appeals," if a large company claims to qualify as a small business. To make a false claim would be fraud, he said.

As for the attorney fees, Benderson said Chapman is not entitled to them because he "didn't prevail and he got the information. We won the case and decided not to appeal."

Source: http://www.law.com/jsp/ihc/PubArticleIHC.jsp?id=1202429063119

Small Business Administration Sued For Refusing to Release Executive's Phone Records

Press Release

Small Business Administration Sued For Refusing to Release Executive's Phone Records

March 13, 2009

Petaluma, Calif. – The Small Business Administration (SBA) is being sued by the American Small Business League (ASBL) in United States District Court, Northern District of California for refusing to release the telephone records of SBA Press Office Director Mike Stamler.  The ASBL requested Mr. Stamler's phone records under the Freedom of Information Act (FOIA).  The ASBL believes Mr. Stamler engaged in an aggressive campaign to mislead the media and damage the organization's reputation.

The ASBL has won a series of federal lawsuits against the SBA, which forced the disclosure of information showing that the SBA had fabricated federal small business contracting data and covered-up the diversion of hundreds of billions of dollars in federal small business contracts to Fortune 500 companies and other large businesses.

The ASBL expects to file an additional lawsuit against the SBA for refusing to release all of Mr. Stamler's emails for the years 2006 and 2007.  The ASBL began requesting Mr. Stamler's communications after several journalists informed the organization that Mr. Stamler had libeled and slandered the ASBL and its President Lloyd Chapman, and embarked on an aggressive campaign to impugn the organization’s credibility with members of the media.

In one such example, after the Long Island Business News (LIBN) quoted ASBL President Lloyd Chapman in a story, the LIBN reporter received a profanity-riddled email from Mr. Stamler.  In response, the LIBN reporter published a blog titled, "Expletives the SBA's Forte?" (http://libn.com/libizblog/2008/02/22/expletives-the-sbas-forte/

The ASBL intends to continue gathering information on Mr. Stamler's campaign to libel and slander the organization and its President Lloyd Chapman in preparation for another lawsuit to be filed against the SBA for defamation of character.

The SBA's own Inspector General has released several investigations that found blatant fraud and abuses in SBA administered small business contracting programs. (http://www.sba.gov/IG/05-15.pdf

In the past, the SBA responded to federal investigations and news stories, which found billions of dollars in small business contracts had gone to Fortune 500 corporations with a series of press releases claiming that the diversion of federal small business contracts to large corporations was a myth. (www.asbl.com/documents/sbamythvfact.pdf

"There is no question that Mike Stamler and the SBA have tried to cover up the diversion of small business contracts to Fortune 500 corporations," ASBL President Lloyd Chapman said. "Based upon the information we have obtained so far, it's obvious that they have launched a massive campaign to attack our organization and impugn our credibility as we continue to expose the rampant fraud and abuse that has gone unchecked since 2002."

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