Pentagon Sued for Refusing to Release Contracting Data on Sikorsky

Press Release

Pentagon Sued for Refusing to Release Contracting Data on Sikorsky

By Lloyd Chapman
American Small Business League
May 14, 2014

PETALUMA, CA--(Marketwired - May 14,2014) - According to the American Small Business League, the American SmallBusiness League (ASBL) has filed suit against the Pentagon inFederal District Court in San Francisco, CA. The ASBL is suing the Pentagonunder the Freedom of Information Act (FOIA). The Pentagon refused to respond to a FOIArequest for subcontracting data on Sikorsky under the ComprehensiveSubcontracting Plan Test Program.

The 25 year old Comprehensive SubcontractingPlan Test Program allows fifteen of the largest Pentagon prime contractors toavoid submitting quarterly subcontracting reports that would otherwise beavailable to the public. The Comprehensive Subcontracting Plan Test Programalso allows prime contractors to avoid any penalties for non-compliance withfederally mandated small business contracting goals.

The ASBL believes the ComprehensiveSubcontracting Plan Test Program is an intentional loophole in federalcontracting law that has allowed Pentagon prime contractors to cheat legitimatesmall businesses out of trillions of dollars in federal small businesscontracts since the program began in 1989.

The ASBL points to the fact that noresults for the test program have ever been released or made available to thepublic. The program is virtually unknown throughout the government and nojournalist has ever reported on it during the last 25 years.

ASBL President Lloyd Chapman stated,"This is the biggest scam in the history of federal contracting at thePentagon and we plan to shut it down. You can just imagine what happened to thevolume of subcontracts awarded to small businesses once these prime contractorsno longer had to submit reports that were available to the public. There wereno negative consequences for failing to achieve their small businesscontracting goals. I believe the level of fraud and corruption this lawsuitwill expose will be unprecedented."

The ASBL expects to win the caseeasily since the Ninth Circuit Court of Appeals ruled in 1994 thatsubcontracting data submitted to the Pentagon by prime contractors does notconstitute trade secret or proprietary information and is releasable to thepublic.

The ASBL believes the suddenappearance of Terry Sutherland, formerDirector of Corporate Communications for the Pentagon Force Protection Agency,to head the SBA Press Officeis an indication the Pentagon has launched a major public relations campaign tolimit media coverage of the ASBL's goal to dismantle the ComprehensiveSubcontracting Plan Test Program.

Over the last ten years the ASBL haswon numerous Freedom of Information Act cases against the Pentagon, NASA, theGSA and the SBA.


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