WASHINGTON, Sept. 26, 2017 /PRNewswire/ -- Cuneo Gilbert &
LaDuca, LLP has been named by the American Small Business League (ASBL) as lead
attorneys in its civil case against the Department of Defense (DOD) and its
contractor Sikorsky Aircraft Corporation (Sikorsky). ASBL alleges
DOD and Sikorsky wrongfully withheld documents from the public on a sole source
contract for helicopters. A trial is scheduled for December
11 in the U.S. District Court in San Francisco.
rare Freedom of Information Act trial will test the government's claim that the
central facts underlying a sole source contract for which there are no
competitors are proprietary," said Jonathan W. Cuneo,
partner of Washington, DC
based Cuneo Gilbert & LaDuca, LLP.
"This is a simple conflict between secrecy and openness on the part of a
Fortune 500 contractor who has received billions of dollars from taxpayers for
American Small Business League, a Sonoma, CA
based small business advocacy group, filed the Freedom of Information Act
(FOIA) request in 2013. Following the refusal of DOD and Sikorsky, owned
by Lockheed Martin Corporation, to fully disclose documents claimed to be
proprietary, the lawsuit was filed in federal court in 2014. Although the
court ruled in ASBL's favor, the Ninth Circuit Appeals Court reversed that decision
and sent the suit back to the lower court for discovery and trial.
should not have to go through time consuming and costly litigation to obtain
information not involving national security to which they are entitled,"
Mr. Cuneo added.
filed the FOIA lawsuit to force the Pentagon and its contractors to be more
transparent on how, and to whom, subcontracts are awarded under the
controversial Comprehensive Subcontracting Plan Test Program (CSPTP) ostensibly
designed to promote the awarding of subcontracts to small businesses,"
explained Lloyd Chapman, ASBL's founder and
president. "We believe the requested documents will show that
required small business subcontracting may have occurred only on a sham basis,
if small business subcontracting occurred at all."
ASBL has calculated that the Pentagon may have unwittingly deprived small
businesses of many hundreds of billions of dollars since the CSPTP began in
1989 as a temporary, test program. Now in its 28th year,
the "test" program reduces the specificity and transparency of large
contractor reporting of asserted small business subcontracting. This
enables Pentagon prime contractors to cheat legitimate small businesses, ASBL
the Small Business Act, 23 percent of all federal contracts must be awarded to
small businesses," Mr. Chapman continued. "Since the Pentagon
is the largest federal contractor and small businesses make up 98 percent of
America's companies, the outcome of our case could have a meaningful, positive
impact on the U.S. economy if it leads to real reform of the subcontracting
its principal office in Washington, DC,
Cuneo Gilbert & LaDuca, LLP represents
clients in a range of civil justice and legislative matters including civil and
human rights, antitrust, consumer protection, product liability and securities
and intellectual property.
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