Cuneo Gilbert & LaDuca, LLP: Pentagon and Sikorsky Losing Legal Battle with Lloyd Chapman's ASBL
Cuneo Gilbert & LaDuca, LLP
November 20, 2017
WASHINGTON, Nov. 20, 2017 /PRNewswire/ -- The American SmallBusiness League (ASBL) has won release of most of the 2013 SikorskyAircraft Corporation small business subcontracting plan (plan) filed with theDepartment of Defense (DOD), after a four year Freedom of Information Actbattle. Most of the plan was released November10, following the Justice Department's October 12notification to the U.S. District Court in SanFrancisco that it would no longer defendDOD-Sikorsky's efforts to withhold the information.
Jonathan W. Cuneo,partner at Washington, DCbased Cuneo Gilbert & LaDuca, LLP, and ASBL'sattorney, explained: "Plaintiff's discovery that the tradesecrets defense is seemingly unsupportable raises the question asto whether the defendants acted in good faith. I believe somebody is lying.Apparently, either the government knew all along that trade secrets were not atrisk or the government was misled by Sikorsky. Why was this costly,lengthy litigation even necessary?"
"The most significant revelation in this case is that we'veexposed the fact the Pentagon and its prime contractors have shortchanged smallbusinesses and small businesses owned by women, minorities and service disabledveterans out of hundreds of billions in subcontracts," said ASBL PresidentLloyd Chapman
The Sikorsky plan was filed with DOD under the controversialComprehensive Subcontracting Plan Test Program (CSPTP), which is supposed tobuild new opportunities for small businesses.
"The Pentagon issued a report in November of 2015 thatacknowledged the CSPTP had actually cut contracts to small businesses by over50 percent. The data we have uncovered in this case indicates subcontracts tosmall businesses have been slashed by as much as 90 percent," Mr. Chapmansaid.
University of BaltimoreLaw Professor and government contracting expert CharlesTiefer is not surprised. Professor Tiefer, a formerSolicitor and Deputy General Counsel of the U.S. House of Representatives whoalso served as Commissioner on the congressionally mandated IndependentCommission on Wartime Contracting, has called CSP a "sham."
Professor Tiefer, who examined the Sikorsky plan, focused on thecompany's socio-economic subcategories within the target small businesscommunity: "Sikorsky admitted lowering many of its goals forwomen-owned, veterans-owned and similar subcontractor categories. Forexample, it admitted its veterans-owned goal 'is lower' and fellbelow even 1 percent, down to 0.9 percent, a pittance."
With its principal office in Washington,DC, Cuneo Gilbert& LaDuca, LLP represents clients in a range of civil justice andlegislative matters including civil and human rights, antitrust, consumerprotection, product liability and securities and intellectual property.