Will Congress allow GSA to adopt illegal anti-small business policies

Press Release

Will Congress allow GSA to adopt illegal anti-small business policies

American Small Business League
August 15, 2016

PETALUMA,Calif., Aug. 15, 2016/The Hill/ --

On June20 the GSA proposed their latest FederalStrategic Sourcing Initiative (FSSI). If adopted, thepolicy will force thousands of small businesses out of the federal marketplaceand possibly out of businesses.

Thequestion is, will Congress allow this job killing policy to be adopted or willthey step in and block its implementation?

ProfessorCharles Tiefer, one of the nations leadingexperts on federal contracting law has issued a damminglegal opinion on the proposed GSA FSSIdescribing it as "illegal". Professor Tiefer is no stranger to Capital Hill. Hewas a commissioner on the congressionally chartered, independent Commissionon WartimeContracting in Iraq and Afghanistan

The titleof Professor Tiefer's legal opinion is, "Proposed Regulations IllegallyAuthorize "Strategic Sourcing" to Massively Reduce the Breadth of ContractingWith Small Business."

Tiefer'slegal opinion begins, "The proposed regulations would reduce the breadth ofsmall business contracting by up to 80% or even 90% in lines of business wheresmall business contracting is currently common. The proposal is blatant andundeniably illegal; indeed, the proposal impliedly admits the key factsunderlying the illegality".

Tiefer'sopinion goes on to say the GSA's FSSI is in direct conflict with federal lawand Supreme Court instructions that federal agencies provide small businesseswith "maximum practicable opportunity" for federal contracting.

It seemsthere is a staggering lack of understanding in Washington that small businesses are responsible forover 90% of the net new jobs. They are also responsible forover 50% of the private sector work force and over 50% of the GDP. Maybe Donald Trump or Secretary Clintonwill come to the rescue of America's 28 million small businesses and the 50plus million voters they employ.

Accordingto a recent study released by the World Bank theUnited States is 49th world wide in the ease of starting a new business.When you look at the unending flow of legislation and policies out ofWashington that have been designed to dismantle every federal program designedto help small businesses it's easy to see why the World Bank found its easierto start a small business in Afghanistan, Morocco, Latvia, Armenia, Macedoniaand Kazakhstan than it is in the U.S.

I hopeenough members of Congress agree with the conclusion of Professor Tiefer'slegal opinion when he states, "The proposal should be junked. It would have anoverwhelming bad impact on the breadth of small business contracting, contraryto the intent of the small business laws".

To view full pressrelease, click here:  http://thehill.com/blogs/congress-blog/economy-budget/291318-will-congress-allow-gsa-to-adopt-illegal-anti-small

 


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