PETALUMA, CA--(Marketwired - December 12, 2016) - The San Francisco 9th
Circuit of Appeals will hear the American Small Business League's (ASBL) Freedom Of
Information Act case case against the Pentagon on
December 14, 2016. The trial is being held following the Pentagon's appeal to
overturn the ruling that they disclose Sikorsky Aviation Corporations most
recent subcontracting plan submitted to the Pentagon's Comprehensive
Subcontracting Plan Test Program (CSPTP).
The ASBL believes the CSPTP has
allowed the Pentagon's largest prime contractors to circumvent small business
subcontracting goals by eliminating all transparency and penalties for
non-compliance. Professor Charles Tiefer, a leading
expert on federal contracting law, agrees with the ASBL and has written a legal
opinion calling the CSPTP a "sham"
and "seriously harmful" to small businesses.
ASBL President Lloyd Chapman emphasizes
that the benefits of winning this case would be prodigious for women, minority,
and service disabled veteran owned small businesses as they are currently only
receiving a fraction of
the contracts they are legally entitled to.
"If the American Small
Business League is Successful in revealing the Pentagons diversion of small
business contracts to fortune 500 firms through the CSPTP, we would see an
unprecedented increase in federal contracts for women, minority and veteran
owned small businesses. Their volume of federal contracts will go up by $400
billion over the next 10 years."
The ASBL originally won their
Freedom of Information Act case against the Pentagon in November
of 2014. Federal District Court Judge William Alsup
in San Francisco ordered the Pentagon to release the Sikorsky data to the ASBL
after reviewing the
information and determining nothing in the report
constituted as trade secret, proprietary or confidential financial information.
In his ruling, Judge Alsup described the ASBL as being
an underdog in a David and Goliath battle against the "big
company" and against the "big government." He also accused the
Pentagon of "covering
it up" in reference to the information the ASBL requested. In a
subsequent hearing, Judge Alsup accused the Pentagon
and Sikorsky of trying to "suppress
During the District Court case,
Judge Alsup instructed the Pentagon and Sikorsky on
two separate occasions to "highlight
the parts that are supposedly confidential" or that they believed were
proprietary and explain why they believed the information should be exempt. The
Pentagon declined to comply with Judge Alsup's
For full press release click here: http://www.marketwired.com/press-release/pentagon-case-could-mean-billions-for-women-minorities-and-veterans-2182393.htm