Small Business Administration Defies Federal Law to Shortchange Small Businesses

Press Release

Small Business Administration Defies Federal Law to Shortchange Small Businesses

July 8, 2013

On July 2, the Small Business Administration (SBA) released their FY 2012 federal small business contracting statistics. In it, they claim small businesses received 22.25 percent of all federal contracts.

Federal law requires a minimum 23 percent of all federal contracts be awarded to small businesses. Federal law also defines a small business as being “independently owned,” not being “dominant in the field” and having no more than 1,500 employees. All three federal definitions of a legitimate small business would clearly exclude Fortune 500 firms, since they are publicly owned, and would not meet the federal definition of “independently owned” and all have more than 1,500 employees.

The SBA’s false claim that small businesses received 22.25 percent of federal contracts was based on a violation of both statutes in the Small Business Act that defines a legitimate small business and the statute that requires small business shall receive “a minimum of 23 percent of the total value of all federal contracts.”

The total federal budget for FY 2012 was approximately $3.5 trillion. Based on data from the Federal Procurement Data System, the acquisition budget for 2012 was actually approximately $1.1 trillion for unclassified spending alone, not in the $500 billion range as reported.

Based on the $1.1 trillion in just unclassified acquisitions, legitimate small businesses should have received a minimum $253 billion in contracts, not the $89.9 billion the SBA claimed to have awarded.

The SBA also violated the statue that defines a small business by including billions in awards to many of the largest corporate giants in the world. Some of the firms included in the SBA’s small business data include Chevron, Apple, General Electric, AT&T, Hewlett-Packard Verizon, IBM, Dell, Costco, Wells Fargo, Home Depot, Microsoft, Walgreens, Johnson & Johnson, Pepsi, Intel, Coca-Cola, FedEx, DuPont, Honeywell, Oracle, Delta Air Lines and Sprint. The SBA in their calculations included over $215 million in contracts to General Dynamics alone.

NBC, CBS, ABC and CNN have all covered the story on the diversion of federal small business contracts to corporate giants.

The American Small Business League (ASBL) estimates legitimate small business have received approximately $200 billion a year less in federal contracts than required by law or approximately $2 trillion during the last ten years.

The ASBL continues to be the only national organization working to end the diversion of federal small business contracts to corporate giants and insure legitimate small businesses receive the actual 23 percent of all federal contracts required by law.

Click here to watch the ASBL’s latest video

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Small biz goals fall short

News

Small biz goals fall short

Despite improvements for prime work, gap widens for subcontract

By Nick Wakeman
Washington Technology
July 8, 2013

The Small Business Administration reported that the federal government again missed the mark for small business contracting during fiscal 2012, but the gap has narrowed for primes.

Overall, $89.9 billion in government contracts went to small businesses last year, that’s 22.25 percent of all contracts, according to the SBA report. The goal for small businesses is 23 percent. In fiscal 2011, 21.65 percent of contracts went to small businesses.

There also are goals for various sub-categories of small businesses:

  • Women-owned: 4 percent or $16.2 billion (goal 4 percent)
  • Small disadvantaged: 8 percent or $32.3 billion (goal 5 percent)
  • Service disabled, veteran-owned: 3.03 percent or $12.3 billion (goal 3 percent)
  • HUBZone: 2.01 percent or $8.1 billion (goal 3 percent)

The annual SBA report also tracks small business contracting goals. The gap between goal and achievement is greater there.

Overall, 33.6 percent of subcontracts went to small businesses, with the goal being 36 percent; however, women-owned small businesses surpassed their 5 percent goal with 5.6 percent achieved. Small disadvantaged businesses also were over their 5 percent goal with 5.1 percent.

But service-disabled, veteran-owned businesses fell short with 1.8 percent versus a goal of 3 percent, as did HUBZone, which had 1.3 percent of subcontracts against a goal of 3 percent.

SBA’s annual release of its small business goals isn’t without critics. The American Small Business League criticized the report saying it was “completely false and totally unsupported by the facts.”

The group claims that SBA miscalculated the actual federal acquisition budget, and according to ASBL, small businesses only received 8.2 percent of prime contracts.

In addition, the group claims that a significant number of large businesses are receiving small business contracts.

IRS scandal exposes small-biz pass-throughs

News

IRS scandal exposes small-biz pass-throughs

By JIM McELHATTON
Federal Times
July 7, 2013

Seven months ago, the Treasury Department boasted that it exceeded its small-business contracting goals for the second straight year, singling out for “exceptional performance” the contractor formerly known as Signet Computers.

But with the company now under investigation, an IRS official has disclosed that all but a small fraction of the quarter-billion-dollar blanket purchase award to the company was destined for computer giant IBM.

The IRS is cutting ties to Signet — later renamed Strong Castle — in the wake of a congressional investigation into a host of irregularities concerning the company’s set-aside status and its IRS contracts.

Investigators with the House Oversight and Government Reform Committee uncovered potential contract steering, false statements and questions about how a decades-old old military prep school foot injury by the company’s owner, Braulio Castillo, enabled Strong Castle to win special status as a service-disabled, veteran-owned contractor.

While the House found up to $500 million in potential contracts to the company after Castillo purchased it in January 2012, IRS deputy commissioner Beth Tucker told lawmakers at a June 26 hearing that Strong Castle “has not received anywhere near that amount of money.”

Referring to one blanket purchase agreement worth up to $267 million to provide software maintenance and services, she said 98 percent of the value of the contract, if awarded, would “flow to IBM.” Still, she said Strong Castle provided a critical program management and logistics role.

Castillo agreed. He said his company competed for blanket purchase order deals, but it ultimately received about $50 million in IRS orders, of which $49 million went to “large business providers.”

“This is just the tip of the iceberg,” said Lloyd Chapman, founder of the American Small Business League, a nonprofit group that estimates large companies received more than $16 billion from the federal government’s top 100 small-business contracts in fiscal 2001.

Committee investigators said such “pass-throughs” aren’t limited to Strong Castle.

“To illustrate this point, it is not unusual for IRS to award a large sum contract to a small disadvantaged business such as Strong Castle, only to have the bulk of the funds go to a large computer manufacturer such as IBM or Hewlett Packard,” committee staff wrote in the report. “This practice completely undermines the goals of these programs.”

An IRS spokesman declined to comment other than to provide the written testimony of Tucker, who noted that IRS is committed to its small-business program to help create jobs and drive the economy forward.

Role of friendship questioned

The monthslong House probe raised no questions about IBM’s role or performance. Rather, it centered on how Castillo’s company gained entry into the government set-aside market. Investigators also exposed Castillo’s friendship with Greg Roseman, former IRS deputy director for enterprise networks and tier support systems.

Roseman and Castillo were friends who, investigators learned, had exchanged hundreds of text messages, including several on the vulgar side. But the IRS official also served on the acquisition strategy team for one contract awarded to Strong Castle and pushed for the company to get IRS work, the investigation found.

Roseman isn’t talking. He invoked his Fifth Amendment right against self-incrimination in declining to testify. He’s been removed from his supervisory job and reassigned pending the outcome of a Treasury Inspector General for Tax Administration investigation, according to Tucker.

Castillo said neither he nor his company did anything wrong.

“Throughout our work with the IRS, we have never received any improper preferential treatment, and have competed fairly for every contract that we have received,” Castillo said in an email statement.

But even as the IRS moves to distance itself from Strong Castle, assuring lawmakers it received far less than $500 million, less clear is how the agency went about calculating how much money it spends on small businesses based on its contracts with Strong Castle.

Last year, the Treasury Department, which includes the IRS, reported that it spent 38.5 percent, or $2.3 billion in contracts, on small businesses — besting its goal of 32 percent.

In a blog post announcing the achievement, Assistant Treasury Secretary Nani Coloretti wrote in January that one example of the department’s excellent performance in meeting small-business goals was none other than Castillo’s company. “Signet worked closely with the Treasury procurement community to understand their needs and delivered innovative and cost effective infrastructure solutions,” she wrote.

'Fraudulent' scoring

Rep. Darrell Issa, chairman of the oversight panel, said Strong Castle’s case suggests flaws in how agencies report and track small-business contracting goals.

“One of the frauds on the American people ... is we get these report cards talking about hundreds of millions and billions of dollars going to our disabled veterans, hundreds of millions and billions of dollars going into these blighted zones that we’re trying to encourage,” Issa said at the June hearing.

“And we’re scoring impact to blighted communities when in fact that score is at best fraudulent. We’re scoring apparently $1 million but writing it in as 10 times or 100 times that.”

Under Small Business Administration rules, contractors get an edge in competing for federal work if they’re based in economically distressed areas known as HUBZones, or Historically Underutilized Business Zones. SBA revoked Strong Castle’s HUBZone status in May, and the House report said the company provided “inaccurate, unreliable and misleading information” to SBA to get that status. In a statement to Federal Times before the report was released, the company said it disagreed with the SBA ruling.

Federal Times emailed a copy of Issa’s statement to SBA, which did not say how funds paid out to Strong Castle, and later passed along to large companies, were tallied in report cards released July 2 grading agency efforts to contract with small businesses. Treasury received an A-plus.

While Strong Castle received millions of dollars in orders from IRS in fiscal 2012 during August and September, the company’s big $267 million blanket purchase order came during fiscal 2013.

“The contract vehicle used in the Strong Castle case is fairly unique,” SBA spokeswoman Tiffani Shea Clements wrote in a email to Federal Times, referring to the company’s “contract teaming agreement” with IBM. Under such agreements, two or more contractors on the General Services Administration schedule can join and compete for orders they might not qualify for individually, according to GSA’s website. It’s different from a typical contractor-subcontractor relationship in that both parties are considered equal.

“SBA is working with GSA to ensure proper small business goaling credit is given,” Clements wrote.

Firm blasted for veteran status

Meanwhile, much of the public scrutiny on Strong Castle remains not on SBA, but on how the Veterans Affairs Department came to award the company status as a service-disabled, veteran-owned business.

Castillo filed a claim with VA seeking compensation for a service-related disability 27 years after his prep school injury, but around the same time he purchased a government contracting company, committee investigators found.

The report said Castillo first told committee investigators he injured his foot playing football in fall 1984 during his single year as a student at the U.S. Military Academy Preparatory School, but later he said it was an injury he got during a military school exercise, which he called orienteering.

In an exchange that’s circulated widely online, Rep. Tammy Duckworth, D-Ill, who lost her legs and the use of her right arm as a helicopter pilot in Iraq in 2004, pressed Castillo on his 1984 injury.

“So I’m sorry that twisting your ankle in high school has now come back to hurt you in such a painful way, if also opportune for you to gain this status for your business as you were trying to compete for contracts,” she told Castillo.

Had Castillo completed his year at the preparatory school without injury, he wouldn’t have been considered a veteran, but a VA official told House investigators that cadets who are injured at school become veterans due to the service-connected disability.

A VA spokeswoman had no comment when asked whether the agency would review Strong Castle’s service-disabled, veteran-owned status, pointing to a statement saying VA seeks ways to improve small-business verification.

Small Business Administration Juggles The Books To Cheat Small Business Out Of Billions

Press Release

Small Business Administration Juggles The Books To Cheat Small Business Out Of Billions

July 5, 2013

PETALUMA, Calif.--(BUSINESS WIRE)--On July 2, the Small Business Administration (SBA) claimed the federal government awarded 22.25 percent of all federal contracts to small businesses. The SBA claimed for fiscal year, 2012 small businesses received $89.9 billion in contracts from the government.

Federal law requires a minimum of 23 percent of the total value of all federal contracts to be awarded to small businesses. Federal law also defies a small business as being “independently owned,” not being “dominant in their field” and having no more than 1500 employees. All three aspects of this definition would exclude Fortune 500 firms or any other firm that was publicly owned and traded on the New York stock exchange.

Based on the latest data from the Federal Procurement Data System (FPDS), the SBA’s claim that small businesses received 22.25 percent of all federal contracts is false.

The FPDS indicates for fiscal year 2012, of the federal government’s $3.5 trillion dollar annual budget, the acquisition budget was $1.1 trillion. Of that number, small businesses should have received $253 billion. This number alone would drop the SBA’s percentage of awards distributed amongst small businesses to 8.1 percent for fiscal year 2012.

The FPDS data also indicates the SBA dramatically inflated the dollar volume of awards to small business by including billions in contracts to Fortune 1000 firms and hundreds of other large businesses.

The SBA’s attempts to fabricate the government’s compliance with the Congressionally mandated 23 percent small business contracting goal has been exposed in numerous investigative reports by ABC, NBC, CBS and CNN.

The SBA has repeatedly tried to explain the diversion of billions in federal small business contracts to corporate giants for over a decade as “computer glitches,” “anomalies,” “simple human error,” “miscoding” and “large businesses buying small businesses.”

No journalist has ever reported that federal law does not allow a firm to continue to qualify as a small business once they are acquired by a large business. No journalist has ever mentioned the true federal acquisition budget is more than twice as high as the one claimed by the SBA. No journalist has ever asked any government official to explain why alleged random error patterns attributed to computer glitches, anomalies, simple human error and miscoding don’t have a random pattern but instead, always report federal contracts to large businesses as small business contracts.

The SBA has refused to go on camera with any journalist to discuss this issue.

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