Small Business Advocate Scores Another Victory for Transparency

News

Small Business Advocate Scores Another Victory for Transparency

By Neil Gordon
POGO
May 25, 2010

Every once in a while, POGO likes to remind everyone that the American Small Business League (ASBL) is still out there fighting the good government fight, kicking butt and taking names—or, in this particular case, FOIA-ing names.

 

The small business advocacy group recently announced another victory in its ongoing Freedom of Information Act (FOIA) battles with the federal government. The latest agency to yield to the scrappy ASBL is the Department of Energy (DOE).

 

ASBL filed suit last month against DOE after the agency refused to release information about a $3.6 billion federal contract awarded to Bechtel Bettis, the company that manages DOE’s Bettis Atomic Power Laboratory. ASBL made its request after learning that hundreds of millions of dollars under the contract might have been awarded under the false assurance that Bechtel Bettis, a subsidiary of the global engineering giant Bechtel Corporation, qualified as a legitimate “small business.”

 

 

As ASBL explained in the complaint, DOE “partially” responded to the request, but refused to reveal the identities of the Bechtel Bettis employees who administered the contract—and, presumably, misrepresented their company’s socio-economic status to the government. If this did occur, there can be serious legal consequences. According to Section 16(d) of the Small Business Act, “[w]hoever misrepresents the status of any concern or person as a ‘small business concern’...in order to obtain for oneself or another” any prime contract or subcontract with the government shall be subject to penalties and remedies including fines of up to $500,000, imprisonment of up to 10 years, and suspension or debarment from federal contracting.

 

Last week, after having redacted that information pursuant to FOIA Exemption 6 (“personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy”), DOE relented and provided ASBL an unredacted version of the documents.

 

POGO often blogs about ASBL’s noble efforts to improve transparency and accountability in federal contracting (those posts can be found here, here, here and here). Their recent tangle with DOE is part of ASBL’s ongoing investigation into the diversion of federal small business contracts to Fortune 500 companies, which ASBL claims deprives genuine small businesses of more than $60 billion in contracts every year.

Source:  http://pogoblog.typepad.com/pogo/2010/05/small-business-advocate-scores-another-victory-for-transparency.html

SBA Still Claims Fortune 500 Firms Land Small Business Contracts Accidentally

Press Release

SBA Still Claims Fortune 500 Firms Land Small Business Contracts Accidentally

May 24, 2010

PETALUMA, Calif.- In a recent story published by the Medill News Service, Small Business Administration (SBA) Spokesman Mike Stamler continued to maintain that the diversion of billions of dollars a month in federal small business contracts to Fortune 500 firms is merely random data entry errors. (http://medilldev.net/2010/05/small-bussinesses-struggling-to-win-federal-contracts/)


In the story, Mr. Stamler claims that large companies receive small business contracts, “because of simple human error,” and “miscoding.” For years, the SBA and Mr. Stamler have used “miscoding” to explain why some of the largest firms in the U.S. and Europe receive billions of dollars a month in contracts intended for small businesses. In a May 2007 press release the SBA even claimed the rampant abuses were simply a “myth.” (https://www.asbl.com/documents/sbamythvfact.pdf)

Mr. Stamler’s remarks stand in stark contrast to a series of federal investigations, going back to 2003, from the Government Accountability Office (GAO), the SBA Office of Advocacy, and the SBA’s Inspector General (SBA IG) that have found widespread fraud and abuse in virtually every program managed by the SBA. (https://www.asbl.com/documentlibrary.html)

In Report 5-16 from March 2005, the SBA IG reported that large businesses had committed fraud by misrepresenting themselves as small businesses through “false certifications,” and “improper certifications.” (https://www.asbl.com/documents/05-16.pdf) Another investigation from the SBA Office of Advocacy found large businesses had received federal small business contracts fraudulently through what they referred to as “vendor deception.” (https://www.asbl.com/documents/eagkeeye_report%202002.pdf)

In Report 5-15, the SBA IG referred to the diversion of federal small business contracts to corporate giants as, “One of the most important challenges facing the Small Business Administration and the entire Federal government today.” For the last five consecutive years the SBA IG has reported these rampant abuses as the #1 management challenge facing the SBA. (https://www.asbl.com/documents/05-15.pdf)

An SBA IG investigation from March 2010 found that the SBA itself awarded federal small business contracts to large businesses during fiscal years 2008 and 2009. (http://www.sba.gov/idc/groups/public/documents/sba_homepage/oig_report_10-08.pdf)

In February of 2008, the ASBL sued the SBA for the release of the names of Fortune 500 firms and other large businesses that had received billions of dollars in federal small business contracts. The SBA withheld the information until directed to release it by United States District Judge Marilyn H. Patel. In the court's ruling 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)

“I am stunned that Mr. Stamler has any credibility left with the media. Putting an end to Mr. Stamler’s blatant lies and the SBA’s misinformation campaign is absolutely crucial to ending these abuses,” ASBL President Lloyd Chapman said. “I think it is time that journalists ask Mike Stamler or Karen Mills the following question: why is it that all of these computer glitches, miscoding errors or data entry problems, always divert funds away from hardworking American small businesses into the hands of Fortune 500 firms, while at the same time falsely inflating the government’s small business contracting data?”

For more commentary, please click on the following link: http://www.youtube.com/watch?v=c-KHFzpKkIY


Department of Energy Loses Legal Battle Over Bechtel Contracting Data

Press Release

Department of Energy Loses Legal Battle Over Bechtel Contracting Data

May 21, 2010

Petaluma, Calif. - The Department of Energy (DOE) has lost a Freedom of Information lawsuit filed by the American Small Business League (ASBL). The ASBL filed the lawsuit after the DOE refused to release information regarding a $3.6 billion federal contract awarded to Bechtel Bettis Inc.  The socio-economic status indicated "small business" on hundreds of millions of dollars in awards under the prime contract. (https://www.asbl.com/documents/litigation/Case_10.pdf)  

The ASBL requested the information as part of an ongoing investigation into the diversion of federal small business contracts to Fortune 500 firms.

Since 2003, more than a dozen federal investigations have uncovered the diversion of billions of dollars a month in federal small business contracts to Fortune 500 corporations.  In Report 5-15, the Small Business Administration (SBA) Office of Inspector General described the problem as, "One of the most important challenges facing the Small Business Administration and the entire Federal government today." (https://www.asbl.com/documents/05-15.pdf)  

The DOE refused to release the names of Bechtel officials overseeing the contract.  Specifically, DOE withheld the name of Kimon Andreos, Manager, Procurement and Materials Management, and Lisa Smith, Small Business Program Manager.  The contract was awarded by DOE Contract Specialist Anthony DeNapoli. 

Section 16(D) of the Small Business Act which states, "whoever misrepresents the status of any concern or person as a 'small business concern'...to obtain for oneself or another," any prime contract or subcontract with the government shall be subject to penalties of $500,000, 10 years in prison and/or debarment from federal contracting programs. (http://www.sba.gov/regulations/sbaact/sbaact.html)    

The ASBL intends to uncover more evidence of contracting abuses in small business programs at NASA, the DOE and the U.S. Department of Defense (DoD). The organization has launched a campaign to review all of the DOE contracts awarded to Bechtel and all of the DOE contracts that have been awarded by Mr. DeNapoli. 

"We will continue to use the Freedom of Information Act to prove that the diversion of federal small business contracts to Fortune 500 firms is not miscoding, computer glitches, or honest mistakes as the government has claimed.  It is clearly premeditated and deliberate," ASBL President Lloyd Chapman said. "We will prove that the Obama Administration is diverting billions of dollars a month in federal small business funds to Fortune 500 firms.  We'll prove that the DOE, NASA and the Pentagon are cheating American small businesses out of billions of dollars a month in federal contracts."

Small businesses struggling to win federal contracts

News

Small businesses struggling to win federal contracts

By Michael Beller and Alice Truong
Medill News Service
May 21, 2010

WASHINGTON—During his presidential campaign, then-candidate Barack Obama repeated a familiar refrain on small businesses, calling them, “the engine of our economy.” He was right. According to a 2009 Small Business Administration report, small businesses created 64 percent of net new jobs in the last 15 years.

On Wednesday, the House Financial Services Committee passed the Small Business Lending Fund Act. President Obama said the act “provides incentives for smaller banks to make new loans” and creates an initiative that “would spur over $20 billion in new lending through innovative state-based programs.”

But legislation like this might not be all the help small businesses need. The American Small Business League, a nonpartisan advocacy group based in Petaluma, Calif., argues small businesses are not getting their fair share of the federal contract pie.

Baltimore-based Pevco Systems Inc., which provides computerized pneumatic tube delivery systems to hospitals, has had moderate success contracting with the government. President Fred Valerino, Jr., estimates the company was awarded a dozen contracts worth an average of $100,000 in the last year.

Still, Valerino said, their size keeps them from being a major player in federal contracting.

“We don’t get a call on every job because being small, we don’t have the presence or the contacts that we need,” Valerino said.

The scope of projects detailed in federal contracts can often be far too great for a small business to complete. One way they can get involved is through partnerships with larger companies, according to Bill Rys, tax counsel for the National Federation of Independent Businesses, a Nashville-based nonprofit organization that serves the interests of small firms.

“When you’re talking about a smaller firm, you might have a very specific task on a larger project,” Rys said.

The Pevcos of the world led Lloyd Chapman, president and founder of the ASBL, to write a piece of legislation called the Fairness and Transparency in Contracting Act., which was introduced by Rep. Hank Johnson, D-Ga., last year.

“It would redirect a minimum of $75 billion a year back into the middle class economy,” Chapman said.

Contracts often elusive


Small business access to federal contracts has always been problematic. In 1953, Congress passed the Small Business Act, which required federal agencies to set a goal of awarding 23 percent of contracts to small firms. Mike Stamler, director for the Washington SBA field office, pointed out that small businesses received 22 percent of federal contracts in 2007 and 21 percent in 2008, the last year with available data. That 21 percent amounted to $93 billion in contract procurements for small firms.

But the ASBL alleges a portion of those contracts actually went to Fortune 500 companies masquerading as small businesses. One feature of Chapman’s bill would prohibit the federal government to classify awarded contracts to publicly traded companies as small business awards. That is an aspect Chapman takes issue with and a detail the SBA admits could be improved.

The SBA recently conducted a study of contracts awarded to small businesses. Inspector General Peggy Gustafson released the report in February, which showed 11 of the 36 contracts it randomly sampled were in fact procured by large companies.

Stamler said the main reason this occurs is because of simple human error. Most often, the business in question gets miscoded as small, either by an SBA contracting officer or by the business itself. Mergers and acquisitions also pose a problem, as sometimes a small firm that has procured a contract is taken over by a large firm and is not recoded.

“Those are the primary reasons for errors in the contracting database which tend to inflate the performance of the government in awarding contracts to small businesses,” Stamler said.

Stamler stressed the SBA is addressing these problems head on.

“We’ve developed what we call an anomaly report,” Stamler said. “The report shows the agencies where we have found apparent discrepancies in coding. We’ve also put in some new technologies that allow us to share anomalies more quickly with agencies.”

The SBA has not been able to increase its staff to the level it was before the administration of President George W. Bush. At the end of fiscal year 2001, the SBA boasted a staff of 3,315 employees. By 2006, that number had plunged 26.6 percent to 2,434.

The staff totals include temporary disaster staff. Excluding temporary employees, the SBA experienced a 5 percent bump in staffing during the first year of the Obama Administration, to 2,457 from 2,340.

Another factor that comes into play is the sheer size of small firms versus large ones. Big companies have mass amounts of capital and manpower, and can overwhelm small businesses. Even with groups such as the SBA, American Small Business League and National Federation of Independent Businesses helping in various ways, small firms must fend for themselves against larger foes in the hyper-competitive world of federal contracting.

Chapman of the ASBL is not standing idly by. He filed a Freedom of Information lawsuit against NASA last month.

“I’ve requested information from the government that proves Fortune 500 companies are getting small-business contracts, and in virtually every case they’re refusing to release it,” Chapman said.

Administration reaching out


Diversion of federal contracts meant for small businesses to major companies spurred Obama to establish two task forces to give small businesses greater access to federal contracts, as well as monitor the 23 percent goal.

Chapman fears those task forces will widen the definition of a small business to include firms owned by venture capitalists, and predicts the Obama Administration will attempt to adopt legislation to exempt those businesses from the capital gains tax.

But Stamler says the SBA does all it can to help small businesses compete.

“SBA’s commitment is to expand opportunities for small business to compete for and win federal contracts,” Stamler said. “[We want] to make sure they get their fair share and don’t get crowded out by big businesses.”

And the SBA has helped some small businesses succeed in the cutthroat world of federal contracting. Washington-based Federated Information Technologies Inc., provides services to federal agencies that administer the national information infrastructure. Founded in 2002, Federated IT has won contracts with the Department of Homeland Security, the Department of Defense and the FBI, among others. The company recently won a $26 million contract to provide threat assessments to the Transportation Security Administration.

Federated IT employs 73 people and is “growing like a weed,” said president Matthew Bucholz. The company’s membership in the SBA’s 8(a) program, which aims to help smaller companies such as Federated IT access business development opportunities, allows it to receive sole-source contracts, meaning there is no competition. It also makes them eligible for procurements competed only by 8(a) companies. Bucholz said the company’s ability to change with the market is at the root of its success.

“There are a couple things we have done to adapt to this very dynamic environment to make sure that we’re going to be a company that’s going to stick around for awhile,” Bucholz began. “There has been a lot of money pumped into the federal government these days. You need to look at the procurement dollars, look at the forecasted budgets and figure out if that money is going to be allocated to the types of products and services that you sell.”

But small businesses like Baltimore’s Pevco seem to be more the rule than the exception, and more contracts for those companies could mean more jobs across the country.

“[Additional contracts] could have a snowball effect,” Pevco’s Valerino said. “As we generate more business we need more installers and service people. Then we need the infrastructure in our headquarters to support that extra work, and those jobs wouldn’t just be in this one location, they would be spread out in different areas.”

Source: http://medilldev.net/2010/05/small-bussinesses-struggling-to-win-federal-contracts/

Navy Sued For Refusing to Release ManTech Contracting Data

Press Release

Navy Sued For Refusing to Release ManTech Contracting Data

May 19, 2010

Petaluma, Calif. –  On Tuesday, May 18, the American Small Business League (ASBL) filed suit against the Navy in Federal District Court, Northern District of California. The case was filed under the Freedom of Information Act (FOIA) after the Navy refused to release quarterly sub-contracting reports for contracts awarded to ManTech Systems Engineering. (https://www.asbl.com/documents/litigation/Case_12.pdf)
 
This is the 5th lawsuit filed by the ASBL under FOIA since the beginning of April, and the organization's 12 lawsuit against the government since 2004. Through its legal efforts, the ASBL has forced the release of thousands of pages of documents proving that large corporations have received billions of dollars a year in federal small business contracts.
 
Since 2003, more than a dozen federal investigations have uncovered billions of dollars a month in federal small business contracts actually flowing into the hands of Fortune 500 corporations and even some of the largest firms in Europe. Report 5-15, from the Small Business Administration Office of Inspector General described this issue as, "One of the most important challenges facing the Small Business Administration and the entire Federal government today." (https://www.asbl.com/documents/05-15.pdf)
 
The Small Business Act requires that a minimum of 23 percent of the total value of all government contracts go to small businesses. The Obama administration has failed to meet that goal. The most recent information available indicates that the administration is diverting federal small business contracts to Fortune 500 firms like: Lockheed Martin, Boeing, Raytheon, Northrop Grumman, Dell Computer, British Aerospace (BAE), Rolls-Royce, French giant Thales Communications, Ssangyong Corporation headquartered in South Korea, and the Italian firm Finmeccanica SpA. (https://www.asbl.com/documents/20090825TopSmallBusinessContractors2008.pdf)     
 
The ASBL plans to file a series of federal lawsuits against the Obama Administration for refusing to release documents under FOIA. The ASBL maintains that despite claims of increased transparency, the Obama Administration is refusing to release a wide range of data on small business contracting programs such as: prime contractor compliance with small business subcontracting goals, the actual names of the recipients of federal small business contracts, and the specific names of federal contracting officials that have awarded small business contracts to Fortune 500 firms.
 
"The information that the Obama Administration is refusing to release shows that they are diverting federal small business contracts to Fortune 500 firms. The fact that they are willing to go to federal court to withhold the data clearly shows that they have something damaging to hide. We will win like we always do," ASBL President Lloyd Chapman said.