Obama Small Business Task Force May Ignore #1 Problem

Press Release

Obama Small Business Task Force May Ignore #1 Problem

April 27, 2010

Petaluma, Calif. – On Monday, March 26, President Barack Obama announced the establishment of two task forces charged with removing barriers to access, and monitoring goals, for federal contracting with small businesses. Based on President Obama's track record for small businesses to date, the American Small Business League (ASBL) is concerned that the task forces will ignore the #1 challenge facing small businesses competing in the federal marketplace, which is the diversion of federal small business contracts to large corporations.

To date, President Barack Obama has:

- Refused to end the diversion of billions of dollars a month in federal small business contracts to corporate giants, and consistently misled Congress and the media by claiming that the diversion of federal small business contracts to large corporations is the result of "miscoding," and "data entry errors."

- Failed to restore the Small Business Administration's (SBA) staffing to pre-Bush Administration levels.

- Distributed less than 2 percent of funds allocated under the American Recovery and Reinvestment Act (ARRA) directly to small businesses.

-  Allowed for the dismantling of small disadvantaged business and minority owned business contracting programs. (http://www.acq.osd.mil/osbp/policy/USA001376-09%20Signed.pdf

-  Destroyed a decade's worth of federal contracting data that has been used to prove that Fortune 500 firms have illegally received billions of dollars in federal small business contracts.

- Refused to release a wide range of information including the names of recipients of small business contracts, and documents showing prime contractor compliance with small business subcontracting goals.

The ASBL is concerned that one of the top recommendations issued by the Obama Administration's two small business task forces will be a change to the 57 year-old federal definition of a small business, as being independently owned, to include firms owned and controlled by venture capitalists.  The ASBL believes the change will be made under the guise of increasing access to capital for small businesses, while actually hurting small businesses by diverting small business contracts to some of President Obama's wealthiest venture capitalist donors.

In order to provide the small business community with greater contracting opportunities and stimulate our nation's economy, the ASBL recommends the Obama Administration take the following actions:

1.  Maintain the current definition of a small business as being independently owned, and prevent the diversion of federal small business contracts to firms owned and controlled by wealthy venture capitalists.

2. End the Comprehensive Subcontracting Plan Test Program, which currently allows large prime contractors to ignore their small business subcontracting goals.

3. Issue an executive order that would stop the diversion of billions of dollars a year in federal small business contracts to Fortune 500 corporations and other clearly large businesses.

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Banks receiving government aid cut loans

News

Banks receiving government aid cut loans

By Dennis Cauchon
USA TODAY
April 22, 2010

Banks that received federal assistance during the financial crisis reduced lending more aggressively and gave bigger pay raises to employees than institutions that didn't get aid, a USA TODAY/American University review found.

The reduction of credit during the worst of the recession raises questions about whether the $247 billion assistance program achieved one of its primary goals: to stimulate the economy by reviving the flow of credit to businesses and individuals.

 

USA TODAY and the American University Investigative Reporting Workshop used federal bank data to conduct the first comprehensive analysis comparing the behavior of 940 banks in the Troubled Asset Relief Program (TARP) and 7,400 banks outside it. Key findings about TARP's first year:

• Lending fell. The amount of loans outstanding to businesses and individuals fell 9.1% for the 12 months ending Sept. 30, 2009, at banks that participated in TARP compared with a 6.2% drop at banks that didn't.

• Employee pay rose. Average pay at banks getting aid rose 9.4% in the program's first year. By contrast, non-TARP banks increased salaries 1.8%.

• Cost-cutting limited. Banks in TARP cut costs less than those outside the program. Government-aided banks increased branches by 2.7% while non-TARP banks cut branches by 1.2%.

The differences narrowed in the last three months of 2009 as many banks repaid the government.

President Bush signed TARP into law on Oct. 3, 2008, at the peak of the financial crisis. The program sought to stabilize the financial system and restore the flow of credit. Banks have repaid about $181 billion, including interest and dividends.

Rep. Jeb Hensarling, R-Texas, says the analysis shows that TARP "has been highly ineffective."

The Treasury Department, which runs TARP, says the program succeeded. Treasury spokeswoman Meg Reilly says "overall lending is improving as a result of the government's actions."

Contributing: Wendell Cochran, senior editor of the Investigative Reporting Workshop at American University in Washington, D.C., analyzed federal bank data for this report.

Source: http://www.usatoday.com/money/industries/banking/2010-04-21-tarp-banks_N.htm?csp=hf

Department of Energy Sued Over Bechtel Contract Data

Press Release

Department of Energy Sued Over Bechtel Contract Data

April 21, 2010

Petaluma, Calif. - On Tuesday, April 20, the American Small Business League (ASBL) filed suit against the U.S. Department of Energy (DOE) in U.S. District Court, Northern District of California.  The suit was filed under the Freedom of Information Act (FOIA).  The DOE is refusing to release information about a $3.6 billion contract that was awarded to Bechtel, which listed the giant contractor as a small business under the socio-economic field. (https://www.asbl.com/documents/20100420_doe_bechtel.pdf)  

Since 2003, over a dozen federal investigations have found fraud and abuse leading to the diversion of billions of dollars a month in federal small business contracts to corporate giants.  The ASBL is attempting to gather information in accordance with these federal investigations that would once again provide evidence of fraud; and refute government claims that the problem is the result of miscoding, computer glitches, and honest mistakes. (https://www.asbl.com/documentlibrary.html)  

Attorneys from the ASBL believe federal contracting officials, and possibly even employees of prime contractors could be sentenced to 10 years in prison for violating section 16(D) of the Small Business Act.

Section 16(D) 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)  

Despite campaign promises of increased transparency, and an end to the diversion of federal small business contracts to corporate giants, the Obama Administration is refusing to release a wide range of information to the general public.  The administration has refused to release information such as: the names of recipients of small business contracts, the names of federal contracting officials who awarded contracts to large corporations, the specific names of individuals responsible for misrepresenting large corporations as small businesses, and prime contractor compliance with small business subcontracting goals.

"We expect that by the end of 2010, through our freedom of information requests and lawsuits, that we will prove once and for all that the diversion of billions of dollars a month in federal small business contracts to corporate giants is not honest mistakes, miscoding, or computer glitches.  Our efforts will prove that the government has adopted specific policies that divert small business contracts to large corporations, and in many cases the government has allowed federal contracting officials and prime contractors to get away with blatant contracting fraud," ASBL President Lloyd Chapman said.

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Please click here to watch a clip about the ASBL's suit against the Department of Energy: http://www.youtube.com/watch?v=pFYZ5BMpdyM  

Small Business League to Sue for Contract Data

News

Small Business League to Sue for Contract Data

By Staff
Set-Aside Alert
April 21, 2010

The American Small Business League plans a series of lawsuits aimed at prying loose information about large corporations that are receiving small business contracts.

“A lot of this information is being withheld by the government when it should be public record,” said Chris Gunn, a spokesman for the League.

The first lawsuit, filed in U.S. District Court in Northern California, seeks to require GSA to continue reporting the names of contractors receiving set-aside contracts. The League says GSA plans to drop that information from the Federal Procurement Data System, deleting 10 years of data and making it impossible to track violations.

A judge is scheduled to rule by the end of the month on ASBL’s request for a preliminary injunction.

The second action, also filed in Northern California, asks that SBA be required to release details of its public relations contracts. The League believes the contract documents will show that “SBA has spent American tax dollars to hire consultants to help them obscure the SBA’s role in diverting billions of dollars a month in federal small business contracts to Fortune 500 firms and other large businesses around the world.”

Gunn said approximately 10 other suits are in the works, seeking information about such things as prime contractors’ performance in meeting subcontracting goals and the names of contractors doing classified work.

The Small Business League’s president, Lloyd Chapman, has charged for years that large corporations were masquerading as small ones to qualify for set-aside contracts. Several federal investigations have found that many contracts intended for small businesses had gone to large companies, but SBA has blamed the discrepancies on data-entry errors or the acquisition of small contractors by large ones.

Gunn said the League believes the lawsuits could yield information documenting “the government’s efforts to cover those abuses up.”

Restaurant Industry Expresses Concern Over Health Care

News

Restaurant Industry Expresses Concern Over Health Care

By Fredric Koeppel
The Daily News
April 19, 2010

Few issues have divided Americans as completely as health care reform. Proponents believe that making medical care available to 32 million uninsured people will open a new era of social responsibility and fulfill the government’s covenant with its citizens, a sort of 21st Century New Deal.

Opponents see it as an unprecedented loss of personal freedom and an apocalypse of government interference that amounts to full-frontal socialism, if not totalitarianism, that is, a 21st Century New Deal.

The language of the heath care reform bill, passed by Congress on March 21 and signed by President Obama on March 23, may be bureaucratic and its provisions may be labyrinthine, but the basic idea is simple: Almost every citizen and legal resident of the United States (excluding American Indians) must purchase medical coverage for themselves and their dependents or risk what will eventually be hefty tax penalties, beginning in 2014. This insurance may be provided through employer programs or purchased through new “marketplace” sources.

Certainly so-called universal health care will be expensive, to the tune of $940 billion in the first 10 years. Who pays for it?

The wealthy can expect to pay more for Medicare, and insurance companies will pay an excise tax on employer-sponsored health plans that cost more than $10,200 a year for an individual or $27,500 for a family; this comes after 2018. Drug companies, health insurers and medical device manufacturers will also face new fees and taxes, as, in a fine point, will owners of indoor tanning services.

“Obviously, the legislation presents lots of challenges,” said Tim Finnell, a partner at Name Search
Watch Service', TITLE, 'Learn More', WIDTH, 200, SHADOW, true, STICKY, 1, CLOSEBTN, true, CLICKCLOSE, true, BGCOLOR, '#e1e1e1', BORDERCOLOR, '#7d0200', TITLEBGCOLOR, '#7d0200')">Group Benefits LLC in Memphis. “Insurance premiums are going up, and they’re not going down. The good thing is that the law subsidizes low-income people by subsidizing tax credits. That begins in 2014.”

And then there are small businesses, defined by the government as a company that employs fewer than 100 people. According to the American Small Business League, 98 percent of the businesses in the U.S. employ fewer than 100 people, and 89 percent of those employ fewer than 20. Many restaurants fall into that category.

The Washington-based National Restaurant Association firmly opposed passage of the health care reform bill.

“We are extremely concerned that the health care bill will impose tremendous burdens on Americans’ restaurants,” said the group’s president and CEO, Name Search
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“It will hurt our industry’s ability to create and sustain jobs.”

The restaurant (or food service) industry employs 12.7 million Americans in 945,000 food outlets, according to the National Restaurant Association.

Restaurant sales in 2010, estimates Restaurant Industry Forecast, will represent about 4 percent of the U.S. gross domestic profit, and food service employees will account for 9 percent of the nation’s work force. The National Restaurant Association counts 380,000 restaurant members.

Name Search
Watch Service', TITLE, 'Learn More', WIDTH, 200, SHADOW, true, STICKY, 1, CLOSEBTN, true, CLICKCLOSE, true, BGCOLOR, '#e1e1e1', BORDERCOLOR, '#7d0200', TITLEBGCOLOR, '#7d0200')">Mike Miller, owner of Patrick’s Steaks and Spirits and president of the Memphis Restaurant Association, echoed Sweeney’s assessment.

“Everybody wants to do something for their employees,” he said, “but I can tell you that the way the bill was passed has restaurant owners shaking in their shoes. They’re terrified. I have under 50 employees, but if you have 90 or 100 employees, it’s going to cost $100,000 for coverage. Are you supposed to take a cut in pay? I’ve been talking to my accountants, and I think this will be devastating. The unintended consequence is that the law is a great incentive not to expand.”

What is everyone so terrified about?

Basically, small-business owners can look forward to these provisions (and thanks to businesspundit.com and csmonitor.com for the non-lawyerly explanations summarized here).

In 2010, businesses will receive a 35 percent tax credit if they have 10 or fewer employees earning less than $25,000 on average. The tax credit will be smaller if they employ 25 or fewer people with an average wage of $50,000 or less.

Starting in 2014, businesses could earn a 50 percent tax credit if they employ 10 or fewer people earning less than $25,000 on average.

If a business employs 50 or more people, it will be fined $750 per full-time employee if health insurance is not provided, though there won’t be a charge for the first 30 employees not covered, and there will be no penalty if fewer than 50 people are employed.

If health insurance is provided for employees, the business must cover no less than 72.5 percent of the cheapest health plan for individuals or 65 percent for families. Every employee must be enrolled, unless they choose not to be covered.

“I think there’s some general hysteria out there now,” said Finnell. “In terms of affecting businesses, we’re telling our clients that there’s not really a short-term effect. The provisions will probably add 2 to 4 percent to the cost of doing business, but not one will be forced to pay anything if they have 50 or fewer folks, but above that, yes, you will be paying more.”

Source:  http://www.memphisdailynews.com/editorial/Article.aspx?id=49374