Appeals Court Exposes True Purpose Of Pentagon Test Program

Press Release

Appeals Court Exposes True Purpose Of Pentagon Test Program

ASBL Ninth Circuit Case Against Pentagon

American Small Business League
January 12, 2017

PETALUMA, Calif., Jan. 12, 2017/PRNewswire-USNewswire/ -- On January 6th 2017, the 9th Circuit Court of Appeals ruled that the public will not beable to see any documents that have been submitted by the Pentagon's largestprime contractors to the Pentagon's Comprehensive Subcontracting Plan TestProgram (CSPTP) over the last 28 years.

The American Small Business League (ASBL)originally won their FOIA case against the Pentagon in November of 2014. Federal DistrictCourt Judge William Alsup ordered the Pentagon to releasethe Sikorsky data to the ASBL after reviewing the information and deducing nothing in the report constituted as trade secret,proprietary or confidential financial information.

Regardingthe 9

th circuit ruling, ASBL President Lloyd Chapman had this to say: "TheAppeals Court ruling supports the ASBL's longstanding position that the CSPTP was establishedunder the guise of increasing subcontracting opportunities for small businesseswhen in reality it removes all transparency, allowing the Pentagon's topcontractors to violate federal contracting law and obscure all evidence ofnon-compliance."

Pentagon spokeswoman Maureen Schumannsupported the ASBL's assertion that the CSPTP has actually reducedsubcontracting opportunities for small businesses, commenting in an article forThe Washington Post in September 2014 that the program "Has led to anerosion of the [the agencies] small business industrial base."

The ASBL estimates that since its inception in 1989, over $5 trillion have been administered through the CSPTP withno transparency. The ASBL finds this concerning following the recent IG reportshowing the Pentagon can't account for $6.5 trillion.

"The 9th circuit ruling essentially eliminates all transparency on $5 trillion in Pentagon contracts over the last 28 years;it's not inconceivable that this ruling could eliminate transparency incontracts with the pentagon's largest prime contractors for the next 28years," said Lloyd Chapman.

"I think it's important for the public to know that the 9th circuit judges never even saw the Sikorsky documents hecarefully reviewed while making his decision. Judge Alsup even accused thePentagon and Sikorsky of trying to "suppress the evidence." TheASBL plans on appealing its case to the Supreme Court."

To view the full press release click here:

http://www.prnewswire.com/news-releases/appeals-court-exposes-true-purpose-of-pentagon-test-program-300389924.html

 


Appeals Court Rules No Transparency in Pentagon for 27 Years

Press Release

Appeals Court Rules No Transparency in Pentagon for 27 Years

ASBL Ninth Circuit Case Against Pentagon

The American Small Business League
January 11, 2017

PETALUMA, Calif.,Jan. 11, 2017 /PRNewswire-USNewswire/ -- TheSan Francisco 9th Circuit Court of Appeals ruled against the American SmallBusiness League's (ASBL) Freedom Of Information Act Request (FOIA) caseagainst the Pentagon on 01/06/2017. The Pentagon appealed the case after theylost in the Federal district court of San Franciscofollowing the ruling that Sikorsky Aviation Corporation disclose their mostrecent subcontracting plan submitted to the Pentagon's ComprehensiveSubcontracting Plan Test Program (CSPTP).

The ASBL estimates that over $5 trilliondollars in undisclosed federal contracts have been administered throughthe CSPTP since its inception in 1989. By seeking disclosure of SikorskyAviation Corporations participation in the CSPTP, the ASBL sought to revealevidence that the program allowed the Pentagon's largest prime contractors tocircumvent small business subcontracting goals without penalty, costing smallbusinesses trillions of dollars.

TheASBL originally won their FOIA case against the Pentagon in November of 2014. Federal DistrictCourt Judge William Alsup ordered the Pentagon to releasethe Sikorsky data to the ASBL after reviewing the information and deducing nothing in the report constituted as trade secret,proprietary or confidential financial information.

In his ruling, Judge Alsup described the ASBL as being an underdog in a David and Goliathbattle against the "big company" and against the "biggovernment." He also accused the Pentagon of "covering it up" in reference tothe information the ASBL requested. In a subsequent hearing, Judge Alsupaccused the Pentagon and Sikorsky of trying to "suppress the evidence."

Professor Charles Tiefer,a leading expert on federal contracting law, has written a legal opinion corroborating theASBL's case, calling the CSPTP a "sham" and "seriously harmful" to small businesses.

During the District Court case, Judge Alsup instructed thePentagon and Sikorsky on two separate occasions to "highlight the parts that are supposedlyconfidential" or that they believed were proprietary and explain whythey believed the information should be exempt. The Pentagon declined to complywith Judge Alsup's request.

Despite the 9th Circuit Courthaving never seen the documents on which Judge Alsup based his verdict, theCourt of Appeals overruled Judge Alsup in favor of Sikorsky, rendering Sikorskyexempt from having to provide proof of compliance with federal contracting lawwhile participating in the CSPTP.

"This is a landmark decision," said ASBL President Lloyd Chapman. " The Pentagon cannotaccount for $6.5 trillion in expenditures and thisruling facilitates more of this astounding abuse. We don't know how trillionsof our tax dollars have been spent for the last 27 years and we may continue tonot know for the next 27 years. The ASBL is already working on appealing thiscase."

Forthe full press release click here:

http://www.prnewswire.com/news-releases/appeals-court-rules-no-transparency-in-pentagon-for-27-years-300389125.html?tc=eml_cleartime

 


Appeals Court Rules No Transparency On Pentagon's Top Contractors

Press Release

Appeals Court Rules No Transparency On Pentagon's Top Contractors

ASBL Ninth Circuit Case Against Pentagon

The American Small Business League
January 10, 2017

PETALUMA, CA--(Marketwired- January 10, 2017) - The San Francisco 9thCircuit Court of Appeals ruled against the American Small Business League's (ASBL) Freedom Of Information Act Request (FOIA)case against the Pentagon on 01/06/2017. The Pentagon appealed the case afterthey lost in the Federal district court of San Francisco following the rulingthat Sikorsky Aviation Corporation disclose their most recent subcontractingplan submitted to the Pentagon's Comprehensive Subcontracting Plan Test Program(CSPTP).

The ASBL originally won their FOIA case against thePentagon in Novemberof 2014. Federal District Court Judge William Alsup ordered the Pentagon torelease the Sikorsky data to the ASBL after reviewing the information anddeducing nothing in thereport constituted as trade secret, proprietary or confidential financialinformation.

In his ruling, Judge Alsup described the ASBL as beingan underdog in a David and Goliath battle against the "bigcompany" and against the "big government." He also accused thePentagon of "coveringit up" in reference to the information the ASBL requested. In asubsequent hearing, Judge Alsup accused the Pentagon and Sikorsky of trying to"suppressthe evidence."

By seeking disclosure of Sikorsky Aviation Corporation'sparticipation in the CSPTP, the ASBL sought to reveal evidence that the programallowed the Pentagon's largest prime contractors to circumvent small businesssubcontracting goals without penalty, costing small businesses trillions ofdollars.

Professor Charles Tiefer, a leading expert on federalcontracting law, has written a legalopinion corroborating the ASBL's case, calling the CSPTP a "sham"and "seriously harmful" to small businesses.

During the District Court case, Judge Alsup instructedthe Pentagon and Sikorsky on two separate occasions to "highlightthe parts that are supposedly confidential" or that they believed wereproprietary and explain why they believed the information should be exempt. ThePentagon declined to comply with Judge Alsup's request.

Despite the 9thCircuit Court having never seen the documents on which Judge Alsup based hisverdict, the Court of Appeals overruled Judge Alsup in favor of Sikorsky,rendering Sikorsky exempt from having to provide proof of compliance withfederal contracting law while participating in the CSPTP.

"This is a landmark decision," said ASBLPresident Lloyd Chapman. "With this ruling the 9th CircuitCourt of Appeals eliminated all transparency regarding how the Pentagon's topcontractors have spent trillions of our tax dollars over the last 27 years. TheASBL is already working on appealing this case."

 

 

To view full press release click here:

http://www.marketwired.com/press-release/-2187180.htm

 


Pentagon Wins Court Round on Disclosing Sikorsky Subcontracting Plans

News

Pentagon Wins Court Round on Disclosing Sikorsky Subcontracting Plans

By Charles S. Clark
Government Executive
January 10, 2017

Defense Department attorneys won anappeals court decision on Jan. 6 that denies a demand from a small businessadvocacy group that Sikorsky Aviation Corp. be required to disclose itssubcontracting plan submitted under a long-standing Pentagon program.

The U.S. Court of Appeals for the 9thCircuit ruledagainst the Petaluma, Calif.-based American Small Business League, sayingthat forcing the helicopter maker to disclose its subcontracting plan would putit at a competitive disadvantage.

Small business booster Lloyd Chapman haslong challenged the Pentagon's 27-year-old Comprehensive Subcontracting Plan Test Program asnonproductive and oriented mostly toward obfuscating the degree to which largecontractors win defense business intended for smaller ones. 

 "By seeking disclosure of SikorskyAviation Corporation's participation in the CSPTP, the ASBL sought toreveal evidence that the program allowed the Pentagon's largest primecontractors to circumvent small business subcontracting goals without penalty,costing small businesses trillions of dollars," the league said in a statementfollowing the ruling.

A districtcourt judge in 2014 had sided with Chapman, scolding Defense Departmentattorneys for disclosing only partial information on subcontracting plans. Thedistrict court had ordered the Pentagon to release Sikorsky's data, saying itdid not contain trade secrets or proprietary or confidential financialinformation.

None of the information was released,however, and now the appeals court found that the lower court "erred inholding that none of the information currently redacted from the plan isprotected" under exemption 4 of the Freedom of Information Act. That exemptionassures companies doing business with the government that their "trade secretsor financial information [that is] privileged or confidential will not berevealed to third parties," the appeals judges wrote.

Sikorsky spokesman Paul Jacksontold Government Executive: "We appreciate and agree with the 9th CircuitCourt's thoughtful opinion."

League president Chapman plans anappeal.

To view full press release click here:

http://www.govexec.com/contracting/2017/01/pentagon-wins-court-round-disclosing-sikorsky-subcontracting-plans/134472/

 

 

 


9th Circuit Court Rules No Transparency In Pentagon Contracting

Press Release

9th Circuit Court Rules No Transparency In Pentagon Contracting

ASBL Ninth Circuit Case Against Pentagon

The American Small Business League
January 9, 2017

PETALUMA, CA--(Marketwired - January 09,2017) - The following is a statement by the American Small Business League: TheSan Francisco 9th Circuit Court of Appeals ruled against the American SmallBusiness League's (ASBL) Freedom OfInformation Act Request (FOIA) case against the Pentagon on 01/06/2017. ThePentagon appealed the case after they lost in the Federal district court of SanFrancisco following the ruling that Sikorsky Aviation Corporation disclosetheir most recent subcontracting plan submitted to the Pentagon's ComprehensiveSubcontracting Plan Test Program (CSPTP).

The ASBL filed their case due to language inthe 27 year old test program that removed all transparency regarding contractprocurement, as well as all penalties for non-compliance with federal contractinglaw within the program. By seeking disclosure of Sikorsky Aviation Corporationsparticipation in the CSPTP, the ASBL sought to reveal evidence that the programallowed the Pentagon's largest prime contractors to circumvent small businesssubcontracting goals without penalty, costing small businesses trillions ofdollars.

Professor Charles Tiefer, a leading expert onfederal contracting law, has written a legalopinion corroborating the ASBL's case, calling the CSPTP a"sham"and "seriously harmful" to small businesses.

The ASBL originally won their FOIA caseagainst the Pentagon in Novemberof 2014. Federal District Court Judge William Alsup ordered the Pentagon torelease the Sikorsky data to the ASBL after reviewing the information anddeducing nothing in thereport constituted as trade secret, proprietary or confidential financialinformation.

In his ruling, Judge Alsup described the ASBLas beingan underdog in a David and Goliath battle against the "bigcompany" and against the "big government." He also accused thePentagon of "coveringit up" in reference to the information the ASBL requested. In asubsequent hearing, Judge Alsup accused the Pentagon and Sikorsky of trying to"suppressthe evidence."

During the District Court case, Judge Alsupinstructed the Pentagon and Sikorsky on two separate occasions to "highlightthe parts that are supposedly confidential" or that they believed wereproprietary and explain why they believed the information should be exempt. ThePentagon declined to comply with Judge Alsup's request.

During the December 14th appeal, Judge NormanRandy Smith addressed the Pentagon regarding their lack of cooperation with theCourt, stating: "Youdidn't try, you just sent what you wanted."

Despite the fact that the Pentagon andSikorsky never complied with Judge Alsup's order to make evidence available toestablish the validity of their claims, Sikorsky continued to argue during theDecember 14th hearing that a detailed disclosure of their small businessrecruiting program and subcontracting reports would put them at a disadvantageto competitors.

"With this ruling the 9th circuit court ofappeals has decided the American People do not have the right to see how thePentagon's top contractors have spent trillions in our tax dollars over thelast 27 years," said ASBL President Lloyd Chapman. "The ASBL isalready working on appealing this case."

For full press release, click here:

http://www.marketwired.com/press-release/-2187039.htm