Pentagon - Sikorsky Case Filed By ASBL Heads To Federal Court In December

Press Release

Pentagon - Sikorsky Case Filed By ASBL Heads To Federal Court In December

American Small Business League
April 12, 2017

PETALUMA, Calif., April 12, 2017/PRNewswire-USNewswire/ -- The Freedom of Information Act case filed againstthe Pentagon by the American Small Business League (ASBL)will go to trial in December 2017. Federal DistrictCourt Judge William Alsup set the trial date in an April 6, 2017 hearing on the case.

The Pentagon and Sikorsky are refusing to release Sikorsky's smallbusiness subcontracting plan submitted to the Pentagon's 28-year-oldComprehensive Subcontracting Plan Test Program (CSPTP). The Pentagon adopted theCSPTP under the pretense of "increasing subcontracting opportunitiesfor small businesses." In reality the test program eliminated all transparency on small businesssubcontracting programs for the Pentagon's largest prime contractors. ThePentagon has refused to release any information on the programfor over 27 years.

The ASBLbelieves the release of the information will prove the Pentagon has defraudedsmall businesses out of over two trillion dollarsin subcontracts since the program was established in 1989.

The ASBL won the case in Federal District Court on November 26, 2014.  Judge Alsup described theASBL'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."

In a November 6, 2014 hearing JudgeAlsup stated, "The purpose of the Freedom ofInformation Act is so the public can see how our government works. Congresspassed this law to make small businesses have access to some of these projects,and here is the United States covering it up."

After losing in the District Court the Pentagon and Sikorskyappealed the case to the 9th Circuit Court of Appeals. During the course of the litigationSikorsky claimed their parent company Lockheed Martin was a competitor thatwould gain an unfair advantage with the release of the information submitted tothe CSPTP. On January 6, 2016 the 9th Circuit Court remanded the case back to the District Court.

Judge Alsup has allowed the ASBL to conduct discovery that willinclude ten depositions of Pentagon and Sikorsky employees.  

The ASBL is in the final stages of a documentary chronicling their efforts to end fraudin federal programs for small businesses, and small businesses owned women,minorities, and service-disabled veterans.

For the full press release, click here: http://www.prnewswire.com/news-releases/pentagon---sikorsky-case-filed-by-asbl-heads-to-federal-court-in-december-300438504.html

 


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