Watchdog group wants truth in small business procurement

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Watchdog group wants truth in small business procurement

By Adrienne Burke
Yahoo SmallBiz Vote
June 28, 2012

The Obama Administration hasn't yet released its annual report on the proportion of federal contract dollars awarded to small businesses in the past year, but the American Small Business League predicts that when the document arrives this summer it will misrepresent the facts. Not that the league is accusing the Obama Administration of doing anything its predecessors haven't. It's common practice for big businesses disguised as small ones to be counted among the awardees of federal procurement dollars designated for small business.

Since 1953, the federal government has been mandated to spend 23 percent of the total value of all federal prime contracts with small businesses. But "fraud, abuse, and loopholes in federal policy and implementation result in the majority of federal small business contracts being illegally diverted to large corporations every year," the watchdog group says. The organization estimates that only 10 percent of federal contract dollars were awarded to legitimate small businesses in 2011. Of the 100 largest federal contracts that the Administration will say went to small businesses, only 28 truly did, the league says.

League president and founder Lloyd Chapman has been bringing attention to the issue since 2004, and his campaigns have resulted in recent media attention such as a New York Times report about a Russian arms dealer that was briefly classified as a small business, and another explaining how the New York Times Company itself came to be considered a small business. But Chapman's nonpartisan organization is particularly disappointed in the current administration because it has reneged on its promise to do better, according to spokesman Brian Reeder.

In a statement this week, the league recalls President Obama's campaign promise to "end the diversion of federal small business contracts to corporate giants," and notes that "nothing has been done." Pointing to Federal Procurement Data System information, the league suggests that "most of the money that the Obama Administration will claim went to small businesses in FY 2011 actually went to large companies such as Lockheed Martin, Apple, Boeing, Chevron, and GM." In fact, the league estimates that the government diverts more than $100 billion a year in federal small business contracts to help large and international corporations.

"It's time to investigate rampant abuses of federal small business contracting programs," Chapman says. "If President Obama were serious about creating jobs, he'd quit giving federal small business contracts to corporate giants around the world. This would direct more existing federal infrastructure funds to the middle class and create more jobs than anything his administration has ever proposed."

Air Force Sued For Refusing to Release Contracting Data on Rockwell Collins

Press Release

Air Force Sued For Refusing to Release Contracting Data on Rockwell Collins

By American Small Business League
June 21, 2012

The American Small Business League (ASBL) has filed suit against the Air Force after the agency refused to release small business subcontracting reports on federal contracts with Rockwell Collins.
 
This is the second time in two weeks that the ASBL has filed suit against the Defense Department to compel the release of subcontracting reports from prime contractors. On Monday, June 11th, the ASBL filed suit against the Pentagon for release of subcontracting reports for contracts with Hewlett Packard.
 
In 1994, the 9th Circuit Court of Appeals ruled that subcontracting reports are releasable to the public and do not contain trade secrets or proprietary information.
 
In the complaint for injunctive relief, ASBL attorney Robert Belshaw states that, “ASBL has a right of access to the documents requested pursuant to 5 U.S.C. § 552 (a)(3), and there is no legal basis for USAF’s denial of such access. Accordingly, ASBL seeks an order from this court compelling USAF to provide the requested information.”
 
Over the past decade, the ASBL has won more than 20 similar lawsuits against federal agencies. With each successful lawsuit, the ASBL has compelled the release of contracting and subcontracting reports that found prime contractors and federal contracting officials are falsifying federal small business contracting data.
 
During his 2008 campaign President Obama promised to have the most transparent administration in history. However, while the federal government as a whole received fewer FOIA requests during the first years of the Obama Administration, agencies have increasingly said “no” to requesters looking for public documents.
 
“It’s time for the Justice Department to quit helping the Pentagon withhold evidence of felony contracting fraud and start investigating the rampant abuses that go on in federal small business contracting programs,” ASBL President and founder Lloyd Chapman said. “Every single person in America would agree with me that Fortune 500 firms shouldn’t receive federal small business contracts, but apparently President Obama has a different opinion. If President Obama were really serious about creating jobs in America, he’d simply quit giving federal small business contracts to Fortune 500 firms— but you won’t see him doing that.”
 

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Russian Arms Dealer Was Classified as a Small Business, Briefly

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Russian Arms Dealer Was Classified as a Small Business, Briefly

By Robb Mandelbaum
NY Times
June 18, 2012

Here’s a new topic for You’re The Boss: Russian arms for Syria. Russian-made helicopters are en route to Syria, sold to the Assad regime by Rosoboronexport, the Russian state-owned arms exporter. Since 2007, Rosoboronexport, the sole Russian arms exporter, has supplied Syria with 78 percent of its arms imports, according to the Stockholm International Peace Research Institute. (The New York Times has reported that the copters heading to Syria were most likely already part of that country’s fleet, returning after routine maintenance in Russia.)

So why are we discussing this here? Because it turns out that Rosoboronexport holds contracts with the United States government, mostly to supply Russian helicopters to Iraq, Afghanistan and Pakistan — and it was briefly labeled a minority-owned small business by the Army. This was in two actions, worth $378 million, that were part of a larger contract that has since grown to $960 million, according to the original contract action reports, gathered by the government contract monitoring service Fedmine and provided to The Times by the American Small Business League. On the current versions of the reports, retrieved last week from the Federal Procurement Data System, the small-business designation has been corrected, but the company is still identified as minority-owned.

(The contracts raised eyebrows in the United States for other reasons: both because they have deprived American companies the opportunity to do business with the government and because until 2010, Rosoboronexport was under American sanctions for its sales to Syria and Iran.)

An official with the Army did not respond to a request for comment.

Careful readers of this column know that these things happen — even The New York Times has been identified as a small business in a government contract (and also by the Army). Though the mistake was partly corrected, it is yet more evidence of an unwieldy system and one more reason that many observers greet government trumpeting of small-business contracting success with skepticism.

Russian Defense Giant Receives $377M in U.S. Small Minority-Owned Business Conracts

Press Release

Russian Defense Giant Receives $377M in U.S. Small Minority-Owned Business Conracts

By American Small Business League
June 14, 2012

Over $375 million in U.S. funds meant for minority-owned small businesses have been awarded to Rosoboronexport, Russia’s state-owned arms trading company— the company currently raising headlines for its role as lead arms supplier to Syrian dictator Bashar al-Assad.

The U.S. Army awarded the no-bid contracts to Rosoboronexport in May 2011 to supply the Afghan military with 21 Mi-17 helicopters.

Rosoboronexport is Russia’s leading international arms dealer but its $377 million Army contracts were originally entered into the Federal Procurement Data System (FPDS) as awards to a small minority-owned business and are currently labeled as contract awards to a minority-owned business.

Rosoboronexport is just one of the many foreign defense contractors that have received billions of dollars in federal small business contracts in recent years. Other foreign-owned firms that received U.S. small business contracts include BAE, Rolls-Royce, Italian firm Finmeccanica, Ssangyong Co. in South Korea, Thales and Buhrmann N.V. in Holland.

In 2005, The Small Business Administration Office of Inspector General issued Report 5-15, which stated: “One of the most important challenges facing the Small Business Administration and the entire Federal government today is that large businesses are receiving small business procurement awards and agencies are receiving credit for these awards.”

In 2008, President Obama promised to end these abuses by issuing the statement, “It is time to end the diversion of federal small business contracts to corporate giants.”

Legislation has been introduced to prevent large corporations and foreign defense contractors (such as Rosoboronexport) from receiving federal small business contracts but neither the President nor committee leadership have supported the bill (H.R. 3184).

“The U.S. is giving minority-owned small business contracts to Russia’s leading arms dealer — this is a prime example of the extreme fraud and abuse that persists in federal programs for small and minority-businesses,” said ASBL President Lloyd Chapman. “These rampant abuses have gone on for the last decade because the mainstream media refuses to report on the issue, Congress has refused to address the problems, and the President has gone back on his campaign promise to end the diversion of federal small business contracts to corporate giants.”

Procurement Chief tells Agencies to Focus on Small Business Set-asides

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Procurement Chief tells Agencies to Focus on Small Business Set-asides

By Charles S. Clark
GovExec
June 8, 2012

Agencies must report on their progress in steering federal contracting set-asides to specific types of small businesses, according to new direction from Joe Jordan, the recently installed White House chief procurement officer.Joined by Small Business Administration chief Karen Mills, Jordan told agencies in a Wednesday memo to meet their statutory goal for contracting 23 percent with small businesses by considering the use of multiple award contracts with an eye toward "maximizing opportunities for small businesses when agencies make small dollar awards, and strengthening accountability for small business goal achievement."The White House is following up on an April interagency working group meeting on compliance with a key section of the 2010 Small Business Jobs Act and a November 2011 addition to the federal acquisition regulation. The set-asides target small disadvantaged businesses, women-owned small businesses, service-disabled veteran-owned small businesses, and contractors in Historically Underutilized Business Zones.Under the memorandum, agencies are asked to use the threshold definition of a small business to consider requiring order set-asides under multiple award contracts if the agency is not currently meeting its small business goals. Procurement officers should review SBA's proposed rule providing for consistent enforcement of policy on set-asides published in May in the Federal Register and make sure their acquisition workforce is trained in the topic.Agencies are required to document success stories and deliver results to the Office of Management and Budget by July 9.Jordan highlighted as a success story in a Thursday White House blog the Commerce Department's use of a small contractor to lower its costs for desktops and laptops by 40 percent, saving an estimated $20 million to$25 million over the next five years. The arrangement eliminates hundreds of redundant contracts that meet the same requirements, avoiding "thousands of employee hours that would otherwise be required to maintain hundreds of narrowly tailored contracts," he wrote.Meanwhile, the Obama administration's methods for defining small businesses came under fire from the American Small Business League, which on Thursday sent the White House and SBA a letter demanding more accuracy in the annual report card on agency use of small businesses, the latest version of which is due out soon. The league objects to a methodology it says uses wrong numbers for the overall acquisition budget, ignores subcontracting, and counts too many awards to foreign contractors and unqualified Alaska native corporations for set-asides.The nonprofit Project on Government Oversight, which co-signed the league's letter, also has reported that government exaggerates the number of small businesses under contract. "Seventy-two of the top 100 federal 'small' business contractors last year were actually large companies that snagged more than $16 billion in federal contracts," POGO investigator Neil Gordon wrote.