Obama Small Business Plan Falls Short of Real Solutions

Press Release

Obama Small Business Plan Falls Short of Real Solutions

October 22, 2009

Petaluma, Calif. - On Wednesday, October 21, President Barack Obama held a press conference in Landover, MD to announce the administration's plans for a, "New Small Business Lending Initiative."  According to President Obama's statements, the initiative would focus almost entirely on increasing the ceilings on government loans to small businesses. (http://bit.ly/47ZRLy

However, President Obama once again failed to address widespread abuses in federal small business contracting programs, which have lead to the yearly diversion of billions of dollars in contracts intended for small businesses to corporate giants.  According to the administration's most recent small business contracting data, which was released on August 21st, 2009, the top recipient of federal small business contracts during fiscal year (FY) 2008 was Textron Inc.  Textron is a Fortune 500 corporation, with 43,000 employees and over $14 billion in annual sales. (http://bit.ly/W0EB1

In addition to Textron, corporate giants like: Lockheed Martin, Boeing, Raytheon, Northrop Grumman, General Dynamics, AT&T, 3M Corporation, Xerox, Dell Computer, Booz Allen Hamilton, Hewlett-Packard, General Electric, Staples, Office Depot, British Aerospace (BAE), Rolls-Royce and French firm Thales Communications were included in the Obama Administration's small business contracting data.

Corporate giants in Asia and Europe were also included. During FY 2008, Ssangyong Corporation headquartered in Seoul, South Korea received over $254 million in small business contracts and Finmeccanica SpA, headquartered in Italy with 73,000 employees, received over $283 million.

Since 2003, over 15 federal investigations have found that billions of dollars a month in federal small business contracts are diverted to large businesses. (http://bit.ly/3ihWSI

In February of 2008, President Obama acknowledged the magnitude of the problem and released the statement, "It is time to end the diversion of federal small business contracts to corporate giants."  (http://bit.ly/4fRrGq

The American Small Business League (ASBL) points to the fact that President Obama has refused to adopt policy or support legislation to address the problem.  ASBL projects that legitimate small businesses lose up to $100 billion a year in federal contracts due to rampant abuses in government contracting programs. 

"If you want to know the truth about President Obama's commitment to small businesses you have to realize that about $1 million a minute in federal small business contracts is going to some of biggest companies around the world.  He knows it.  He said he would stop it more than a year ago, and yet he has done nothing.  Look at the facts," ASBL President Lloyd Chapman said.

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Justice Department Drops Appeal of Federal Court Ruling

Press Release

Justice Department Drops Appeal of Federal Court Ruling

October 20, 2009

Petaluma, Calif. -  The U.S. Department of Justice has dropped its appeal of a ruling by the U.S. District Court for the Northern District of California awarding legal fees to the American Small Business League (ASBL). The case was scheduled to be heard by the 9th Circuit Court of Appeals early next year. (https://www.asbl.com/documents/order_dismissingAppeal_SBA_names.pdf, https://www.asbl.com/documents/motion_dismissAppeal_SBA_Fees.pdf

Prior to dropping its appeal, the Justice Department offered to drop its appeal of the District Court's ruling for attorney's fees if the ASBL agreed to waive legal fees it incurred during the appellant process. The ASBL declined the Justice Department's offer stating that it preferred to have the case heard by the 9th Circuit Court of Appeals.

The ASBL requested the specific names of the firms that were coded as small businesses for FY 2005 and 2006 and the specific dollar amounts that were awarded to those firms from the U.S. Small Business Administration (SBA).  The request was made under the Freedom of Information Act (FOIA).

The SBA refused to comply with the ASBL's request for the data. During litigation, the SBA claimed that it had no information in its possession regarding the specific names of firms that had received federal small business contracts.

In the court's ruling, United States District Judge Marilyn H. Patel stated, "The court finds it curious the SBA's argument that it does not 'control' the very information it needs to carry out its duties and functions." (www.asbl.com/documents/26-2.pdf

As a result of Patel's ruling, the SBA was ordered to turn over the requested information and pay all of the legal fees incurred by the ASBL during the initial litigation process. The information the ASBL finally obtained indicated that the SBA, the General Services Administration (GSA) and virtually every other federal agency diverted billions of dollars in federal small business contracts to Fortune 500 firms and dozens of large businesses in Europe and Asia. (https://www.asbl.com/documents/20090825TopSmallBusinessContractors2008.pdf

Some of the firms that received federal small business contracts included Boeing, Lockheed Martin, Northrop Grumman, Raytheon, General Dynamics, GTSI, Rolls-Royce, Dell Computer, Thales Communications, and British Aerospace (BAE).

The ASBL has estimated that legitimate small businesses are losing over $100 billion a year in federal small business contracts to corporate giants.

The ASBL drafted legislation titled, the Fairness and Transparency in Contracting Act, or H.R. 2568, which would halt the flow of federal small business contracts to large businesses.  On May 21, 2009, Congressman Hank Johnson (D-GA-4) introduced the bill into the U.S. House of Representatives.  To date, the bill has 15 co-sponsors and has been endorsed by more than 50 chambers of commerce and business organizations around the country.

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GE gained with data-entry errors

News

GE gained with data-entry errors

By Jim Wyss
Miami Herald
October 11, 2009

With 323,000 employees and earnings of $17 billion, General Electric is by far the biggest ``small business'' in Florida.

It won that status when the Veterans Affairs Administration at Bay Pines Medical Center in St. Petersburg signed two contracts with GE in March 2008 worth $87,299 for ``irradiation apparatuses.''

Under government guidelines, manufacturers of such machines must have fewer than 500 employees to qualify as small. GE has 646 times that many workers.

Even so, the company was registered as ``small'' by contracting officers on both occasions.

Asked about the contracts, VA Spokeswoman Shilpa Patel-Teague said it was simply a data-entry error.

``There was incorrect information in our vendor file, and we are in the process of making those changes,'' she said. That particular branch of the VA signs more than 4,000 contracts a year, she said.

Bay Pines wasn't alone in considering the Fortune 500 company a small business -- General Electric was registered as ``small'' on at least 14 contracts nationwide during that period.

Source:  http://www.miamiherald.com/news/more-info/v-fullstory/story/1276866.html

In Florida, 'small businesses' aren't all small

News

In Florida, 'small businesses' aren't all small

Small businesses are supposed to get a substantial percent of government contracts. But not all contract holders are really that small.

By Jim Wyss
Miami Hearld
October 10, 2009

What do Dell Computer, General Electric and Boeing have in common? These massive corporations were all counted as ``small businesses'' doing work in Florida last year.

The three firms -- along with a dozen other billion-dollar companies -- soaked up at least $76 million in federal contracts that were recorded as going to small businesses during fiscal year 2008, according to government data.

The issue of how federal dollars are spent is critical in Florida, where 90 percent of all businesses have fewer than 20 employees and government contracts represent a valuable lifeline amid a tanking economy.

While the federal government is obliged to put 23 percent of all direct, or prime, contracts in the hands of small firms, it has missed that mark for the past three years.

``Call me crazy, but I just don't think Fortune 500 companies should be counted as small-business contracts,'' said Lloyd Chapman, president of the American Small Business League. ``I just can't believe this is still going on.''

The Small Business Administration recently reported that, nationwide, small firms received a record $93.2 billion in prime contracts in 2008. While that was $10 billion more than the previous year, it only represented 21.5 percent of all deals.

In Florida, more than 12,000 companies won small-business contracts worth $4.8 billion, according to the FPDS-NG, the government's procurement database.

But a Miami Herald analysis of more than 88,400 contracts performed in the state suggests that the numbers are bloated by companies that either don't belong on the list or defy all reasonable definitions of what makes a small firm.

Among the top 20 small business contractors in Florida, seven had revenue of $100 million or more, and one boasts annual revenue of $1 billion. In addition, nine of the top 20 firms have more than 100 workers and three have more than 1,000 employees.

Deeper in the data, massive public companies such as Northrop Grumman, Honeywell and Raytheon were all counted as small firms doing business in the state.

Some of those corporations are in the database under rules that grandfather them in, said Joe Jordan, the SBA's associate administrator for government contracting and business development.

Others are there by mistake.

As dozens of agencies input more than eight million contracts into the government database every year, errors are made, Jordan said. While the SBA tries to weed out mistakes, it simply does not have the manpower to catch them all. ``I can tell you this data is as clean as it has ever been,'' he said. ``But it's not 100 percent free of errors.''

It's not that large companies are stealing contracts from mom-and-pop shops, Jordan said, but that some U.S. government agencies are overstating their commitment to small business.

Chapman disagrees. Recording corporate goliaths as small firms means fewer contracts are going to the genuinely small businesses that need them, he said.

Data-entry errors are only part of the problem. Complex government rules also skew the figures.

Under federal guidelines, companies that start small and grow large -- as well as small companies that are acquired by larger firms -- can maintain the small-business status of their long-term contracts for up to five years.

For example, one of Florida's top 20 small-business contractors is engineering company Morgan Research Corp., of Huntsville, Ala. The firm was bought in 2006 by Virginia-based consulting firm Stanley. With 3,600 employees and annual revenue of $604 million, Stanley is large.

Even so, under federal rules, $36.7 million in Florida contracts that went to Morgan in 2008 were considered small-business deals even though that money is lining the pockets of its corporate parent.

In addition, an entire class of companies, called Alaska Native Corporations, or ANCs, are counted as small disadvantaged businesses regardless of the size of their parent company. ANCs were created by Congress in 1971 to settle land and financial claims made by Alaskan Natives. Since then, they have evolved into formidable government contractors.

The ANC issue looms large in Florida. Of the top 10 small contractors doing business in the state, four were ANCs. Those four companies alone won $265 million in contracts, or about 6 percent of the total small business take in Florida. If it were not for their special status, none of them would qualify as small.

For example, the top vendor in that category, ASRC Aerospace, is a subsidiary of the Arctic Slope Regional Corp., which is owned by and represents the interests of some 10,000 Iñupiaq Alaskan native shareholders. But ASRC's eight subsidiaries also give it a national footprint and $1 billion in revenue, according to its website.

The multiple loopholes, incomplete government data and the challenge of prying information out of privately held companies make the problem difficult to quantify.

The American Small Business League estimates more than $100 billion a year in small-business contracts goes to Fortune 500 companies and others that are clearly not small.

Raul Espinosa, founder of the Fairness in Procurement Alliance, said his St. Augustine-based group has identified 47 corporations with at least $1 billion in annual revenue that won small-business contracts nationally.

``There is a dysfunctional bureaucratic culture that abuses the statutory rights of small businesses and restricts their ability to compete,'' Espinosa said. ``We are formally asking the SBA administrator to withdraw the numbers and have the list completely scrubbed and reissue it again.''

Even successful small businesses can find the process challenging.

Structured Cabling Solutions, a Hialeah company that designs and installs data and communications networks, spent about nine months compiling the documents required to become a government contractor.

Among its 32 employees are two estimators and three project coordinators who focus on drumming up new clients. But even with an experienced staff, the process of bidding on federal contracts is so time-consuming the firm can only compete for a handful a year, said Alain Gonzalez, the estimating manager.

The company only pursues Florida deals but often finds itself up against out-of-state firms with a national footprint, he said.

``The bigger companies have a bigger bite'' of government contracts, Gonzalez said, because they can afford to play the numbers game. ``The more bids you turn in at the end of the day, the more possibilities you will have.''

The company recently won its first contract -- a deal with the National Park Service to provide data and electricity cabling in the Everglades.

The contracting issues are not new. The Government Accountability Office and the SBA have produced more than a dozen reports since 2000 highlighting problems.

``Many contract awards recorded as going to small firms have actually been performed by larger companies,'' the SBA Office of Inspector General wrote in 2008. ``While some contractors may misrepresent or erroneously calculate their size, most incorrect reporting results from errors made by government contracting personnel.''

A 2005 story in The Miami Herald found that more than half of the top 20 small-business contractors in the state exceeded the SBA's basic definition of a small business: one with 500 or fewer employees.

The issue took on renewed prominence during the presidential campaign when then-candidate Barack Obama wrote on his website: ``It is time to end the diversion of federal small-business contracts to corporate giants.''

Jordan, of the SBA, said the new administration is tackling the problem. The agency is ratcheting up efforts to educate procurement officers to try to stop problems before they occur and is also trying to make small businesses aware of contracting opportunities.

``We need to make sure that both sides are trained and educated and understand the needs of the other side,'' he said. ``I will not be satisfied until the federal government achieves its small business goals.''

The House of Representatives is hoping to close some of the loopholes by making it illegal for publicly traded companies, and any firm with more than 50 percent foreign ownership, to be counted as a small business for the purposes of meeting federal agency contracting goals.

The National Association of Small Business Contractors has its own solution: Raise the federal small-business target from 23 percent to 30 percent of all federal contracts.

Ann Fierro is the CEO of Omega Technology Solutions, a Fort Lauderdale company that makes auditing software for hospitals.

Fierro made a failed bid for a government contract two years ago and is cynical about the government's commitment to help small companies like hers.

Asked about the proposal to raise the percentage of contracts that go to small firms, she laughed. ``The government is not even coming close to the goal now,'' she said.

``So I don't know how that will make a difference.''

Source:  http://www.miamiherald.com/569/story/1276867.html

New US law to freeze small firms out of federal contracts

News

New US law to freeze small firms out of federal contracts

By Staff
Procurement Leaders
October 8, 2009

The American Small Business League (ASBL) has accused a congressman of introducing a new bill which will allow some of his largest campaign contributors to land "billions of dollars" in federal contracts that should be reserved for small businesses.

The accusation is made against Alabama congressman Parker Griffith, who proposed the bill on September 14, 2009: "Boeing and Northrop Grumman are two of Congressman Griffith's largest campaign contributors. If H.R. 3558 becomes law, Boeing, Northrop Grumman and hundreds of Fortune 1000 firms will be able to hold on to billions of dollars in federal contracts earmarked for middle class firms," the ASBL claimed.

The small business lobby organisaiton claims that information from the Federal Procurement Data System-Next Generation (FPDS-NG) indicates the Obama administration counted billions of dollars in contracts to many of the largest firms in the world towards the government's 23 per cent small business contracting goal. ASBL also asserts that, during fiscal year (FY) 2008, the Obama administration included over $775m in awards to Textron in the government's small business data. Textron is a Fortune 500 firm with 43,000 employees and annual revenue of over $14bn.

"The American Small Business League estimates that legitimate small businesses are losing over $100bn a year in federal small business contracts as a result of the abuses. "The ASBL has won a series of lawsuits against several federal agencies, which have forced the release of thousands of pages of data indicating that corporate giants in the U.S. and abroad have received hundreds of billions of dollars in federal small business contracts for over 10 years," the organisaiton stated:
"The Small Business Administration Office of Inspector (SBA OIG) condemned the diversion of federal small business contracts to corporate giants in Report 5-15, referring to the abuses as, 'One of the most important challenges facing the Small Business Administration and the entire Federal government today.'"




 

Source:  http://www.procurementleaders.com/news/latestnews/267-law-freeze-federal-contracts/