PETALUMA, Calif., Jan. 13, 2015
/PRNewswire-USNewswire/ -- On January 20, 2015 there will be a
hearing in Federal District Court in San Francisco
to determine if Sikorsky Aviation Corporation can intervene in a Freedom of
Information Act (FOIA) case that was won by the American Small
Business League (ASBL)
against the Pentagon for Sikorsky subcontracting reports.
On Nov. 23, Federal District Court Judge William Alsup ordered the Pentagon to release Sikorsky's 2014 subcontracting
report that was submitted to the Comprehensive Subcontracting Plan Test
Program (CSPTP). Judge Alsup gave the Pentagon until Dec. 3 to release the data to the
The ASBL had originally requested the Sikorsky report under the
Freedom of Information Act as a test case to challenge the Pentagon's refusal to release any data on the CSPTP in over
On Dec. 2, ASBL President Lloyd Chapman predicted the Pentagon would not release the data on Dec. 3 because it could halt the renewal of the CSPTP in
the 2015 National Defense Authorization Act (NDAA).
As Chapman predicted, the Office of Solicitor General intervened on behalf of the
Pentagon and requested a 60-day stay on the release of the data. Judge Alsup granted
their motion on the morning of Dec. 3.
On Dec. 19, President Obama signed
the 2015 NDAA and renewed the CSPTP into its twenty-eighth year of testing.
The Pentagon now has until Jan. 22 to release the data or appeal the
case to the 9th Circuit Court of Appeals.
The Pentagon adopted the CSPTP in 1989 under the pretense of
"increasing subcontracting opportunities for small businesses."
Mr. Chapman has maintained that the true purpose of the CSPTP was "to
create a loophole that allowed the Pentagon's largest prime contractors to
circumvent federal law that mandates small businesses receive a minimum of 23
percent of all federal contracts."
In September 2014, Professor Charles
Tiefer, one of the nation's leading experts on federal
contracting law release a damaging legal opinion on the CSPTP agreeing with Chapman that
stated, "The program is a sham and its extension will be seriously harmful
to vital opportunities for small business... There is no doubt in my mind the
CSPTP has significantly reduced subcontracting opportunities for small
businesses. It should not have gotten its 25 years of extension as a
never-tested 'Test Program.' Let it expire."
A December 31, 2014 article in the Washington Post confirmed
Chapman's concerns about the CSPTP when Pentagon spokeswoman Maureen Schumann admitted that the program
"has led to an erosion of [the agency's] small business industrial
base," and there is no evidence that the CSPTP has benefited small
Chapman's ASBL has been the only national small business
advocacy organization to ever publicly object to the CSPTP.
"I am confident we will win our legal battle with the
Pentagon and expose the CSPTP as an appalling example of fraud and corruption at the Pentagon that
has cheated American small businesses out of trillions of dollars," stated
Chapman is completing a documentary film on the 25-year history
of the CSPTP, its negative impact on American small businesses and the
Pentagon's refusal to release any data on the program for over a quarter of a
century. The film is slated to be released in March.
ASBL documentary trailer
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