Pentagon Case Could Mean Billions For Women, Minorities, and Veterans

Press Release

Pentagon Case Could Mean Billions For Women, Minorities, and Veterans

Ninth Circuit Court To Hear ASBL Case Against Pentagon

By Lloyd Chapman
The American Small Business League
December 12, 2016

PETALUMA, CA--(Marketwired - December 12, 2016) - The San Francisco 9thCircuit of Appeals will hear the American Small Business League's (ASBL) Freedom OfInformation Act case case against the Pentagon onDecember 14, 2016. The trial is being held following the Pentagon's appeal tooverturn the ruling that they disclose Sikorsky Aviation Corporations mostrecent subcontracting plan submitted to the Pentagon's ComprehensiveSubcontracting Plan Test Program (CSPTP).

The ASBL believes the CSPTP hasallowed the Pentagon's largest prime contractors to circumvent small businesssubcontracting goals by eliminating all transparency and penalties fornon-compliance. Professor Charles Tiefer, a leadingexpert on federal contracting law, agrees with the ASBL and has written a legalopinion calling the CSPTP a "sham"and "seriously harmful" to small businesses.

ASBL President Lloyd Chapman emphasizesthat the benefits of winning this case would be prodigious for women, minority,and service disabled veteran owned small businesses as they are currently onlyreceiving a fraction ofthe contracts they are legally entitled to.

"If the American SmallBusiness League is Successful in revealing the Pentagons diversion of smallbusiness contracts to fortune 500 firms through the CSPTP, we would see anunprecedented increase in federal contracts for women, minority and veteranowned small businesses. Their volume of federal contracts will go up by $400billion over the next 10 years."

The ASBL originally won theirFreedom of Information Act case against the Pentagon in Novemberof 2014. Federal District Court Judge William Alsupin San Francisco ordered the Pentagon to release the Sikorsky data to the ASBLafter reviewing theinformation and determining nothing in the reportconstituted as trade secret, proprietary or confidential financial information.

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 Pentagonand Sikorsky of trying to "suppressthe evidence."

During the District Court case,Judge Alsup instructed the Pentagon and Sikorsky ontwo 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'srequest.

For full press release click here: http://www.marketwired.com/press-release/pentagon-case-could-mean-billions-for-women-minorities-and-veterans-2182393.htm


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