Press Release
Pentagon Going To Court For Refusing To Release Sikorsky Data
ASBL Sues Pentagon over 25-year-old "Sham" Test Program
By Lloyd Chapman
American Small Business League
October 9, 6000
PETALUMA, Calif., Oct. 29, 2014 /PRNewswire-USNewswire/-- The Pentagon is refusing to release any data on any prime contractorsparticipating in the 25-year-old Comprehensive Subcontracting Plan Test Program (CSPTP).
The American Small Business League (ASBL) launched a program in2010 to expose the fraud and abuse against small businesses theCSPTP had allowed. As a test the ASBL requested the most recent small businesssubcontracting data provided under the CSPTP by Lockheed Martin, Sikorskyand BritishAerospace Engineering (BAE) under the Freedom of Information Act (FOIA). The Pentagon has refused to comply with the ASBL's FOIA request. The ASBL filed suit against the Pentagon on May12, 2014 in Federal District Court in SanFrancisco.
The ASBL filed their motionfor summary judgment on Oct. 3, seeking only"for a determination regarding the releasability of Sikorsky AircraftCorporation's ("Sikorsky") Comprehensive Small BusinessSubcontracting Plan."
On Oct. 17, the Department of Defense (DoD) filed itsopposition to ASBL's motion determining that, "the document should not bereleased," asserting that everything in the Comprehensive SubcontractingPlan is apparently confidential trade secrets to Sikorsky and ASBL's motion is"moot."
ASBL replied on Oct. 24 with anopposition to the defendant's cross-motion by stating, "The issue is not moot, and Plaintiff is entitled to anorder compelling DoD to provide a legally adequate response to its FOIArequest."
The CSPTP was adopted in 1989 under the pretense of"increasing subcontracting opportunities for small businesses." Inreality the CSPTP created a colossal loophole in federal contracting law that hasallowed many of the Pentagon's largest prime contractors to completely circumventall federal contracting law that mandates small business subcontracting goals.
One of the nation's leading experts on federal contracting law,Professor Charles Tiefer, released a legal opinion onthe CSPTP describing it as a "sham" and its extension will be "seriouslyharmful" to small business.
The Senate Armed Services Committee held a hearing with the DoDto discuss the CSPTP. Pentagon spokeswoman Maureen Schumannacknowledged the Pentagon did not want the program renewed when she stated, "Although well-intended, the program has not producedquantifiable results. The Department of Defense position is to not havecongress extend the CSP."
On July 2, 2014, GovernmentExecutive Journalist, Charles Clark, published a story on the CSPTPtitled, "Will an Obscure Pentagon Small Business Program LiveOn?"
The Washington Post published a story on the CSPTP on Sept. 29 titled, "A quarter century later, Pentagon's test program forsmall businesses still untested."
The ASBL has released a series of press releasesand blogs exposing the CSPTP.
In the House version of the 2015 National Defense AuthorizationBill the House recommended renewing the CSPTP into it's 28th year of testing. The language renewing the CSPTP acknowledged, "However,after nearly 24 years since the original authorization of the program, the testprogram has yet to provide evidence that it meets the original stated goals ofthe program..."
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