Federal District Court Rules U.S. Small Business Administration Wrongfully Withheld Documents

Press Release

Federal District Court Rules U.S. Small Business Administration Wrongfully Withheld Documents

Judge orders SBA to comply with Freedom of Information Act to release report on large companies illegally winning government small business contracts

May 3, 2005

SAN FRANCISCO, May 3, 2005-- The U.S. District Court for the Northern District of California has ordered the U.S. Small Business Administration (SBA) to make public a draft report on the awarding of government contracts. The SBA report describes how large companies are improperly winning contracts in the Federal government's $60-plus billion small business contracting program

In her April 29 ruling, Judge Susan Illston strongly rejected SBA arguments that the draft report was protected by exemptions in the Freedom of Information Act (FOIA), and ordered the SBA to produce the report within 21 days. The American Small Business League (ASBL) has been working for the release of the report for nine months.

The Small Business Act of 1953 directs that at least 23 percent of federal government prime contracts go to small business. But a host of abuses and loopholes allow large companies to get many of these contracts.

"What is in this report that the SBA doesn't want the public to know?" asked Lloyd Chapman, president of the ASBL. "Instead of spending six months in court trying to suppress evidence, the SBA should be working to stop big corporations from stealing small business contracts."

The report in question was prepared by Eagle Eye Publishers and delivered to the SBA on November 14, 2003. ASBL submitted a FOIA request to the SBA on July 6, 2004, asking for a copy of the report. The SBA refused, citing FOIA exemptions. The SBA released an edited version of the report on December 28, 2004, acknowledging that small business contracts had gone to such "small businesses" as Raytheon Co., BAE Systems, Northrop Grumann Corp., Carlyle Group, Electronic Data Systems Corp., Booz Allen Hamilton Inc., Hewlett-Packard Co., and Buhrmann NV.

Judge Illston's ruling orders the SBA to produce Eagle Eye's original report, noting that FOIA "mandates a policy of broad disclosure of government documents." The judge wrote that the SBA's "reliance on D.C. Circuit cases in support of its argument is telling, because the Ninth Circuit has rejected" similar arguments.



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