Government Small Business Data Includes Billions to Fortune 500 Firms, ASBL Reports

News

Government Small Business Data Includes Billions to Fortune 500 Firms, ASBL Reports

American Small Business League
June 15, 2017

PETALUMA, Calif., June 15, 2017 /PRNewswire-USNewswire/-- Data from the Congressional Budget Office and the Federal ProcurementData System indicates the Small Business Administration falsified the federalgovernment's compliance with the 23% small business contracting goal for fiscalyear 2016.

In a May 18th, press release the SBA claimed small businesses hadreceived $99.96 billion in federal contracts and24.34 percent of all federal contracts awarded in fiscal year 2016. 

The Small Business Act mandates small businesses receive aminimum of 23% of all federal contracts. TheCongressional Budget Office reports the total federal acquisition budget for2016 was $1.2 trillion.

23 percent of the $1.2 trillion thefederal government actually awarded in contracts for fiscal year 2016 would beapproximately $276 billion. The SBA excluded $790 billion in federal contracts from their calculationsto claim small businesses received 24.34 percent of all contracts.

Data from the Federal Procurement DataSystem (FPDS) indicates the SBA included contracts to over 100 Fortune 500firms and over 5,000 large businesses in the $99.96billion they claimed went to small businesses.

Every year since 2005 the SBA Office of Inspector General hasnamed the diversion of federal small business contracts to large businesses as the number one management problem at the SBA. Asearly as 2003 the Government AccountabilityOffice (GAO) found over 5,300 large businesses were theactual recipients of federal small business contracts.

In 2008, President Obama released the statement, "It is time to end the diversion of federal smallbusiness contracts to corporate giants."

Some of the firms that have received federal small businesscontracts in recent years include, Apple, Walmart, Microsoft, Home Depot, Bechtel, SAIC,Raytheon, Hewlett-Packard, Oracle, IBM, Johnson and Johnson, General Electric,Northrop Grumman, Honda Motors, British Aerospace and Engineering and RollsRoyce.

Professor Charles Tiefer, one of the nation's leadingauthorities on federal procurement law and a contributor to Forbes released an article on June 5, 2017 challenging the accuracy of the SBA'sstatistics.

In 2014, Public Citizen released an investigative report titled "Sleighted," that foundthe SBA had fabricated compliance with federal small business contractinggoals. In 2016, Mother Jones released their investigative report titled, "Giant Corporations Are Reaping Billions FromFederal Small Business Contracts."

ABC, CBS, NBC, CNN, CNBC, MSNBC, Fox News and RTTV  have all release investigative reportsthat found the SBA included billions in federal small business contracts toFortune 500 firms.

The American Small Business League (ASBL)has filed for a federal injunction to stop the SBA fromfalsifying federal small business data. The case is currently in the 9th Circuit Court of Appeals.

American Express Open Forum named ASBL President Lloyd Chapman as one of the 4 strongest voices for smallbusinesses in Washingtonfor his efforts to end fraud in federal small business programs. In July, the ASBL will releasing their documentary entitled'Cheated' on their campaign to end fraud in federal small business programs.

For the full release, click here: http://www.prnewswire.com/news-releases/government-small-business-data-includes-billions-to-fortune-500-firms-asbl-reports-300474429.html

 


Trump Administration Fails At Creating Jobs By Missing Small Business Contract Targets

News

Trump Administration Fails At Creating Jobs By Missing Small Business Contract Targets

By Charles Tiefer
Forbes
June 5, 2017

In a May 18 press release, the Small Business Administration claimed the federal government had achieved the small business procurement contracting goal for the fourth consecutive year. The SBA states that in fiscal year 2016 small businesses received $99.96 billion in federal contracts, which it claimed was 24.34 percent of all federal contracts. To me, this is not credible.

 

This matters a lot because a key way the federal government helps small business is by awarding federal contracts to small business. The SBA sets overall government goals for small business awards, which it then makes into goals for each department and agency. When the SBA says it meets its goal, the whole federal machinery for awarding small business contracts believes it has achieved victory and, in effect, can take it easy. This suggests the Trump Administration is not making the kind of effort it promised.

 

A statement by the American Small Business League (ASBL) responding to the SBA claim shows why, in vital respects, the SBA really is not meeting its target. First, the SBA is counting federal acquisition for FY 2016 at around $410 billion. That is an artificial and unconvincing low figure. I have written in the past that the actual figure is more than double that. The SBA is only counting one type of acquisitions, in one data base. Many agencies do not enter their acquisitions in that database. Agencies do not count certain kinds of payments for goods: for example, it counts drugs bought with federal dollars for VA hospitals, but not the same drugs bought with federal dollars for Medicare at private hospitals.

 

   Even more culpably, the ASBL says, "The SBA had been fabricating the true volume and percentage of federal contracts that have been awarded to legitimate small businesses for over two decades." That is, large businesses receive contracts intended for, and counted as going to, small business. According to data from the Federal Procurement Data System (FPDS) compiled by FEDMINE, the $99.96 billion the SBA claimed was awarded to small businesses was greatly inflated. A report compiled by FEDMINE found over 100 Fortune 500 firms received small business contracts.

 

Of the $99.96 billion the SBA claimed went to small businesses, it appears no more than 50% of that number actually went to firms that currently legally qualify as small businesses. In reality, legitimate small businesses may well have received no more than $50 billion in federal contracts and subcontracts in FY 2016. That would come out to just mid-single digit percentages of the full level of federal acquisitions for FY 2016, a far cry from the 24.34 percent claimed by the SBA.

 

Numerous reports from a variety of observers concur that intended, and claimed, small business procurement instead goes to large businesses. The Government Accountability office and the SBA Office of Inspector General (and the inspectors general of other agencies) report this.

 

The story was first reported by the Associated Press in 2003. Since 2003 the SBA's efforts to fabricate and falsify the diversion of hundreds of billions in federal small business contracts to Fortune 500 firms has been the topic of large numbers of articles. ABC, CBS, NBC, CNN, CNBC, MSNBC, and Fox News have all covered the abuses. In 2014, Public Citizen released an investigative report titled 'Sleighted' that exposed the fraud and abuses in federal small business programs. In 2015 Mother Jones released their investigative report 'Giant Corporations Are Reaping Billions From Federal "Small Business" Contracts.'

 

Every year for 16 years the SBA Inspector General has reported the diversion of federal small business contracts as the number one problem at the SBA. SBA Inspector General Report 5-15 stated, "One of the most important challenges facing the Small Business Administration (SBA) and the entire Federal Government today is that large businesses are receiving small business procurement awards and agencies are receiving credit for these awards.'

 

For the full story, click here: https://www.forbes.com/sites/charlestiefer/2017/06/05/trump-administration-fails-at-creating-jobs-by-missing-small-business-contract-targets/#6db7a65436ca

 

 

 

 

 

 

 

   

 

 


Sikorsky To Intervene In Pentagon Freedom Of Information Trial

Press Release

Sikorsky To Intervene In Pentagon Freedom Of Information Trial

American Small Business League
June 1, 2017

PETALUMA, Calif., June 1, 2017 /PRNewswire-USNewswire/-- Sikorsky Aircraft has filed Documents with the Federal district Court of San Francisco notifyingthe Court they will be intervening in the December 11th trial between the American Small Business League (ASBL)and the Pentagon. In a recent Government Executive storyentitled 'Pentagon Headed to Court Against Small Business Advocate'a Sikorsky spokesman stated: "At this time Sikorsky is not a party to theongoing case." Sikorsky filed their motion for intervention on April 20, 2017.

The ASBL won the case in Federal District Court on November 23, 2014.  Federal Judge Judge Alsupdescribed the ASBL's case by stating, "So it would be more like a David andGoliath. You get to come in there and be the underdog again against the bigcompany and against the big government."  "They are trying to suppress the evidence."

The ASBL filed their case due to overwhelming evidence that the Pentagon's ComprehensiveSubcontracting Plan Test Program (CSPTP) was designed to create a loophole allowing the Pentagon's largest prime contractors to circumvent federalsmall business subcontracting goals.

In 2014 the Pentagon asked that Congress not renew the program,with Pentagon spokeswoman Maureen Schumannacknowledging that the CSPTP had actually reduced subcontracting opportunitiesfor small businesses and "reduced the Pentagon's small businessindustrial supplier base."

Professor Charles Tiefer,one of the nation's leading experts on federal contracting law released a legal opinion on the CSPTP,describing it as a "sham" and seriously harmful tosmall businesses.

Congress renewed the program until 2027in December of 2016 despite the Pentagon's acknowledgement that it had harmedsmall business subcontracting opportunities for small businesses.

For the full press release, click here: http://www.prnewswire.com/news-releases/sikorsky-to-intervene-in-pentagon-freedom-of-information-trial-asbl-reports-300466425.html

 


Small biz group to get day in court_x000D_ vs. DOD subcontracting program

News

Small biz group to get day in courtvs. DOD subcontracting program

By Alice Lipowicz
Set-Aside Alert
April 28, 2017

Asmall-business group will go to trial in December against the Defense Dept. totry to reveal more information about the workings of the DOD's longstandingComprehensive Subcontracting Plan Test Program. The American Small BusinessLeague, headed by Lloyd Chapman, has been criticizing the program for severalyears because Chapman contends it has not performed well and has reducedopportunities for small businesses. Chapman said he has been unable to reviewcrucial documents from the program because of various Freedom of InformationAct exemptions that have been applied by DOD officials. He hopes that thetestimony and documents to be revealed in court will provide sufficientevidence to prove that the program is negatively affecting small businesses,and that problems with the program have been ignored or covered up over theyears. "I'm confident that we will uncover evidence that would force thePentagon and Congress to dismantle the Pentagon's Comprehensive SubcontractingPlan Test Program," Chapman told Set-Aside Alert in an emailedstatement. Congress set up the DOD subcontracting program in 1989. While thevalue of the program has been challenged by Chapman and others, Congress lastyear renewed it for another 10 years. The program allows large DOD contractorsto develop small business subcontracting plans on a corporate, division orplant-wide basis, rather than developing a subcontracting plan for eachcontract. The goal was to determine whether the comprehensive test plan wouldprovide greater opportunity for small businesses. Chapman said the DOD's use ofFOIA exemptions to withhold information on the program has made it verydifficult to evaluate if the program is meeting small business goals. Chapmansued Sikorsky Aircraft and the DOD to gain release of Sikorsky's small businesssubcontracting plan. He won the case in court in 2014 but Sikorsky and DODsuccessfully appealed, and the case was sent back to the lower court. In thelatest development, a California judge approved an agreement between the leagueand DOD to go to trial to examine whether or not a specific FOIA exemptionapplies to information that Sikorsky and DOD withheld on Sikorsky's smallbusiness subcontracting plan. U.S. District Court Judge William Alsup of the Northern District of California ordered thatthe trial would include as many as 10 depositions from DOD on the program. Aspokesman for Sikorsky told GovExec that at this timeSikorsky is no longer a party to the litigation. A DOD spokesman declined to comment,citing a policy of avoiding commenting on pending litigation.

 

For the fullstory, click here: https://www.asbl.com/media/Small%20biz%20group%20to%20get%20day%20in%20court%20vs.%20DOD%20subcontracting%20program.pdf

 


Sikorsky, Pentagon Target Of Lawsuit Over Small Business Access

News

Sikorsky, Pentagon Target Of Lawsuit Over Small Business Access

By Stephen Singer
Hartford Courant
April 14, 2017

A small-business advocate is fighting two behemothsin an effort to force the Pentagon to disclose a plan showing whether smallbusinesses have access as suppliers of parts and services to Sikorsky AircraftCorp.

Lloyd Chapman, president of the American SmallBusiness League, an advocacy group he founded in 2002, has been fighting alegal battle against the Department of Defense,demanding details about a contracting program he says benefits large militarycontractors.

Chapman won a Freedom of Information Actlawsuit in federal court, but will be back in court later this year following asuccessful appeal by Sikorsky, the Stratford-based helicopter maker, and theDefense Department.

Chapman, of Petaluma, Calif., said the government'sComprehensive Subcontracting Plan Test Program has failed to increasesubcontracting opportunities for small businesses as intended.

"A program that eliminates transparency isn'tgoing to help," he said.

The program eliminated transparency on smallbusiness subcontracting programs for the Pentagon's largest prime contractorsand the Defense Department refuses to release information about the program,Chapman said.

A spokesman for the Defense Department did notimmediately respond to an email and phone call seeking comment.

Sikorsky, a subsidiary of Lockheed Martin Corp., said ina statement that it has complied with all small business requirements underDepartment of Defense guidelines. Information provided in Sikorsky's smallbusiness plan is sensitive and could be used by competitors and "wasrecognized as such" by federal judges who ordered the case back to a lowercourt, Sikorsky said.

Atrial is set for December, Chapman said.

Sen. Richard Blumenthal, a member of theSenate Armed Services Committee, said Friday he has not encountered widespreadcomplaints by small businesses that contracting opportunities have been denied.But he will speak with companies to determine if suppliers are treated fairly,he said.

"There should be more transparency," saidBlumenthal, D-Conn.

Promoting the many businesses in Sikorsky's supplychain is particularly important since the Malloy administration and legislaturestruck a deal with Lockheed Martin last year guaranteeing production of 200U.S. Navy helicopters in Connecticut until at least 2032 in exchange for up to$220 million in loans and grants.

In addition to increasing manufacturing jobs over14 years, Lockheed Martin agreed to nearly double its spending of $350 milliona year with Connecticut suppliers. The intent is to spur more employment andspending among small subcontractors.

Chapman said he picked Sikorsky for his legalchallenge "quite randomly."

"I'm hoping to prove this program is a fraudand a sham," he said.

For the full story, click here: http://www.courant.com/business/hc-sikorsky-pentagon-lawsuit-20170414-story.html