Small Business Administration Accused of Fabricating Latest Contracting Data

Press Release

Small Business Administration Accused of Fabricating Latest Contracting Data

ASBL Accusing the SBA of Falsifying Small Business Contracting Data

American Small Business League
April 29, 2016

Petaluma, Calif. -The Small Business Administration(SBA) has announcedthey will hold a national conference call on Thursday, April 28 to announce thefederal government awarded $90.7 billion dollars in federal contracts to smallbusinesses in fiscal year 2015. The SBA has claimed that the $90.7 billion was25.7% of all federal contracts awarded in 2015.

 

The American Small BusinessLeague (ASBL) is accusing the SBA of cheating American small businesses outof hundreds of billions in federal contracts by fabricating policies that violatethe Small Business Act to dramatically misrepresent the true volume andpercentage of federal contracts awarded to legitimate small businesses.

 

The Small Business Act mandates small businesses receive aminimum of 23% of the total value of all federal contracts and subcontracts.The ASBL is objecting to an SBA policy used to significantly inflate thepercentage of contracts awarded to small businesses that excludes over 70% ofall federal contracts from their calculation.

 

The SBA has referred to this policy as their "exclusionaryrule". The ASBL points to the fact the SBA's "exclusionary rule" has no basisin law and is inconsistent with both the specific language of the SmallBusiness Act and the Congressional intent of passing the Small Business Act.

 

In order to arrive at their 25.7% number the SBA used afederal acquisition budget number of just $352 billion. According to data fromthe Congressional Budget Office, the total federal discretionary spending forFY 2015 was approximately $1.2trillion. Using the SBA's $90.7 billion figure, this would mean smallbusinesses actually received no more than 7.5% and not the 25.7% claimed by theSBA.

 

The ASBL is also challenging the accuracy of the $90.7 billion the SBA claims wasawarded to small businesses. Data from the Federal Procurement Data System indicatesin FY 2015, 151Fortune 500 firms and hundreds of other large businesses received federalsmall business contracts.

 

Research by the ASBL indicates that legitimate smallbusinesses received no more than $40 billion in federal contracts in FY 2015 orapproximately 3.4%, of the $1.2 trillion in contracts awarded by the federalgovernment in FY 2015.

 

The SBA Inspector General,CBS, NBC and PublicCitizen have all released investigative reports that found the SBA has, infact, fabricated the volume of federal contracts awarded to small businesses byincluding billions to Fortune 500 firms for over ten years.

 

Attorneysfor the ASBL are considering filing an injunction against the SBA toprevent them from reporting contracts to Fortune 500 firms as small businesscontracts as well as using a dramatically reduced federal acquisition budget tofabricate the accurate percentage of contracts awarded to small businesses.

 

The ASBL plans to release a documentary this summerchronicling the history of corruption and fraud at the SBA.

 

To view full press release, click here: http://www.prnewswire.com/news-releases/fortune-500-firms-land-billions-in-government-small-business-contracts-300259013.html

 

 

 


Fortune 500 Firms Land Billions in Government Small Business Contracts

Press Release

Fortune 500 Firms Land Billions in Government Small Business Contracts

ASBL to Challenge Government Small Business Contracts to Fortune 500 Firms

American Small Business League
April 28, 2016

Petaluma, Calif. -The Small Business Administration(SBA) has announcedthey will hold a national conference call on Thursday, April 28 to announce thefederal government awarded $90.7 billion dollars in federal contracts to smallbusinesses in fiscal year 2015. The SBA has claimed that the $90.7 billion was25.7% of all federal contracts awarded in 2015.

 

The American Small BusinessLeague (ASBL) is accusing the SBA of cheating American small businesses outof hundreds of billions in federal contracts by fabricating policies that violatethe Small Business Act to dramatically misrepresent the true volume andpercentage of federal contracts awarded to legitimate small businesses.

 

The Small Business Act mandates small businesses receive aminimum of 23% of the total value of all federal contracts and subcontracts.The ASBL is objecting to an SBA policy used to significantly inflate thepercentage of contracts awarded to small businesses that excludes over 70% ofall federal contracts from their calculation.

 

The SBA has referred to this policy as their "exclusionaryrule". The ASBL points to the fact the SBA's "exclusionary rule" has no basisin law and is inconsistent with both the specific language of the SmallBusiness Act and the Congressional intent of passing the Small Business Act.

 

In order to arrive at their 25.7% number the SBA used afederal acquisition budget number of just $352 billion. According to data fromthe Congressional Budget Office, the total federal discretionary spending forFY 2015 was approximately $1.2trillion. Using the SBA's $90.7 billion figure, this would mean smallbusinesses actually received no more than 7.5% and not the 25.7% claimed by theSBA.

 

The ASBL is also challenging the accuracy of the $90.7 billion the SBA claims wasawarded to small businesses. Data from the Federal Procurement Data System indicatesin FY 2015, 151Fortune 500 firms and hundreds of other large businesses received federalsmall business contracts.

 

Research by the ASBL indicates that legitimate smallbusinesses received no more than $40 billion in federal contracts in FY 2015 orapproximately 3.4%, of the $1.2 trillion in contracts awarded by the federalgovernment in FY 2015.

 

The SBA Inspector General,CBS, NBC and PublicCitizen have all released investigative reports that found the SBA has, infact, fabricated the volume of federal contracts awarded to small businesses byincluding billions to Fortune 500 firms for over ten years.

 

Attorneysfor the ASBL are considering filing an injunction against the SBA toprevent them from reporting contracts to Fortune 500 firms as small businesscontracts as well as using a dramatically reduced federal acquisition budget tofabricate the accurate percentage of contracts awarded to small businesses.

 

The ASBL plans to release a documentary this summerchronicling the history of corruption and fraud at the SBA.

 

To view full press release, click here: http://www.prnewswire.com/news-releases/fortune-500-firms-land-billions-in-government-small-business-contracts-300259013.html

 

 

 


ASBL: Fortune 500 Firms are Small Businesses According to New SBA Report

Press Release

ASBL: Fortune 500 Firms are Small Businesses According to New SBA Report

American Small Business League
April 27, 2016

In a press release on Monday, theSmall Business Administration (SBA) announcedthey will finally be releasing the Small Business Federal Procurement Scorecardfor FY2015 on Thursday.

Despite a series of federal investigations andinvestigative reports, which found 151 Fortune 500 firmsand their subsidiaries received federal small business contracts in FY2015, SBA'sJohn Shoraka, is already claiming"This certainly is the best data set we've had in history."

However, the SBA has had a historyof inflating their "best" data to reach aminimum goal of 23% of the total value of all federal contracts to smallbusinesses. In May 2015, a report from PublicCitizen questioned the SBA's past data as being falsified to misrepresentthe true volume of federal contracts awarded to small businesses.

The American Small BusinessLeague (ASBL) predicts the SBA will inflate the numbers, asthey customarily do, in two strategic ways. First, to inflate the percentage the SBA will usea number that is less than a third of the actual federal acquisition budget.According to the latest data from theCongressional Budget Office, the 2015 total federal acquisition budget was overa trillion dollars, yet the SBA used their "eligible" dollar figure of  $352 billion to inflate the percentage. Secondly, the SBA has always includedbillionsof dollars in contracts to some of the biggest companies around the worldin their numbers. One of America's leading experts on federal contracting law, Professor Charles Tiefer,found no federal law allowing large businesses to be considered smallbusinesses.

Every year since being appointed by the Obama Administration, the SBAInspector General, Peggy Gustafson, has named the diversion of federal smallbusiness contracts to corporate giants as "One of the most important challenges facing the SmallBusiness Administration and the entire Federal Government today."

Even President Obama acknowledged the magnitude of the problem when he released thestatement, "It is time to end thediversion of federal small business contracts to corporate giants."

Thursday's release of the small business contracting data will likely revealthat billions of dollars in small business contracts were diverted to largebusinesses during Fiscal Year 2015. The American Small Business Leagueestimates that small businesses have already been cheated by as much as 2 trillion dollars over the past 10 years.

"I think the Washington media ispartly responsible because the fraudwas first exposed in 2002, and yet, not one journalist in 15 years has everasked the Small Business Administration to show the section of the SmallBusiness Act which would allow the inclusion of Fortune 500 firms under smallbusiness subcontracting data," stated ASBL President Lloyd Chapman.

 ASBL President Lloyd Chapman has beenrecognized as one of the fourstrongest voices for small businesses for his efforts to end fraud in smallbusiness contracting.

This summer, the American SmallBusiness League is expected to release a feature length documentary on the historyof corruption and fraud at the Small Business Administration.

To view full press release, clickhere: http://www.prnewswire.com/news-releases/asbl-fortune-500-firms-are-small-businesses-according-to-new-sba-report-300258372.html

 


SBA not letting agencies rest on contracting laurels

News

SBA not letting agencies rest on contracting laurels

By Jason Miller
Federal News Radio
March 4, 2016

The reason agencies finally beat thegovernmentwide goal of awarding at least 5 percent of all "eligible" contractsto women-owned small businesses in 2015 can be traced back to a decades-oldfight that spanned three administrations.

In 2000, Congress passed a bill andPresident Bill Clinton signed it into law that established the women-ownedsmall business procurement program. It did several things to promote federalefforts to contract with women, including creating set-asides in certainindustries where women were under-represented.

But it took the Small BusinessAdministration nearly 11 years to implement the program. So just in 2015,agencies now are taking advantage of the tools.

SBA reported March 2 thatagencies awarded $17.8 billion in contracts last year out of a total of $352.2billion that it considers eligible for small firms.

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"It started gaining traction and significantly making an impact onbeating the goal this past year, but there have been a lot of changes," saidJohn Shoraka, SBA's associate administrator of Government Contracting andBusiness Development, in an interview with Federal News Radio. "We knew we hada program that wasn't perfect. It had caps on contracts. There wasn't a sole sourceprovision. It had a reduced number of industries where contracts could beset-aside. We worked with the Hill closely to remove some of thoserestrictions, and I think again, we are seeing the fruits of that labor to helpus meet the 5 percent goal."

SBA is taking one more step to helpwomen-owned businesses by adding 36 new industries —for a total of 113 — where these firms are under-represented in federalprocurement, thus letting agencies set-aside more contracts.

"Those additional [industries] representanother $39 billion in potential opportunities for women-owned smallbusinesses," Shoraka said. "I think that will create a lot of opportunities andeven create an opportunity to exceed the 5 percent goal."

SBA Administrator Maria Contreras-Sweetcommissioned a second study with the Commerce Department to determine if thelist of industries needed updating. SBA sent the study to the Hill in Januaryand issued a Federal Register notice detailing the newindustries.

While the achievement for women-ownedbusinesses was 21 years in the making, the fact of the matter is agenciesmet the small business goal for the third consecutive year, and doubledthe 5 percent for contracts awarded to small disadvantaged businesses andsurpassed the 3 percent goal for service disabled veteran-owned smallbusinesses as well.

Shoraka said the achievements across allcategories can be attributed to a few main reasons.

"There are a lot of things theadministration has done to institutionalize the success — keeping seniorleadership accountable and having the Office of Small Disadvantaged Utilizationreport to senior leadership. Those types of things are now gaining traction andare creating an environment where small business procurement is now on thefront burner as opposed to the back burner," he said. "How much further can wegrow when it comes to small business? But certainly we see that somewherearound the 25 percent range is a trend that should continue."

One way SBA and Congress are trying tohelp is by expanding the mentor-protégé program to all agencies and for alltypes of small firms.

Shoraka said SBA expects to issue thefinal rule this summer — June or July — and begin implementation by the fall.The program today is only open to firms in the 8(a) business developmentprogram.

"In the 8(a) world, the mentor-protégéprogram has created a lot of opportunities for new, nascent companies topartner with a mentor to pursue larger and more complex contracts," he said."Expanding that program to all small businesses should help us cast a broadernet."

While recognizing the achievements for2015 is laudable, there are some who believe SBA is doing a disservice to thesmall business community because of how they are counting contract dollars.

SBA continues to base agency progress on"eligible" contracts — $352.2 billion out of $440 billion —instead of on allspending. SBA says certain contracts shouldn't be counted because smallbusinesses don't have a chance to win them, because of the size or scope.

The American Small Business League saidin a release that it is challenging the SBA's announcement based on the factthat they are not using the total federal acquisition dollar figure and thattheir numbers include contracts to large corporations and Fortune 500 firms.

The House Small Business Committee alsois concerned about SBA's data, saying looking at only "eligible" contractsexcludes up to 20 percent of all spending.

To view full article, click here: http://federalnewsradio.com/contractsawards/2016/03/sba-not-letting-agencies-rest-contracting-laurels/