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Showing posts with label contracts. Show all posts
Showing posts with label contracts. Show all posts

Friday, September 17, 2010

Obama Jobs Bill and Task Force Ignore Major Challenge for Small Businesses, According to the American Small Business League

/PRNewswire/ -- The following is a statement by the American Small Business League:

Neither the Obama Administration's Jobs Bill nor the recommendations released on Wednesday by President Obama's Small Business Task force contain any language that will stop the federal government from giving billions of dollars a month in small business contracts to Fortune 1000 firms.

During his campaign, President Obama promised to end the diversion of federal small business contracts to Fortune 1000 firms and stated, "It is time to end the diversion of federal small business contracts to corporate giants." (http://www.barackobama.com/2008/02/26/the_american_small_business_le.php)

Since 2003, over a dozen federal investigations have found corporate giants from around the world as the actual recipients of billions of dollars in federal small business contracts.

Some of the firms that have received government small business contracts include: Rolls-Royce, British Aerospace (BAE), Lockheed Martin, Boeing, Northrop Grumman, L-3 Communications, SAIC, Titan Industries, Raytheon, Dell Computer, Xerox, French firm Thales Communications, Italian firm Finmeccanica SpA, and Ssangyong Corporation headquartered in Seoul, South Korea. Textron, a Fortune 500 firm, received over $775 million in federal small business contracts in a single year.

In 2005, the Small Business Administration Office of Inspector General (SBA IG) referred to the diversion of federal small business contracts to corporate giants as, "One of the most important challenges facing the Small Business Administration and the entire Federal government today." (http://www.asbl.com/documents/05-15.pdf)

In Report 5-16, the SBA IG found large businesses had received federal small business contracts illegally by making "false certifications" and "improper certifications." The SBA Office of Advocacy found large businesses had received small business contracts illegally through "vendor deception." (http://www.asbl.com/documents/05-16.pdf)

Section 16(d) of the Small Business Act prescribes a penalty of up to ten years in prison for firms that misrepresent themselves as small businesses to illegally receive federal small business contracts.

As opposed to offering legislation and policy that will end the diversion of federal small business contracts to corporate giants, language in the "jobs bill" could actually protect large businesses that misrepresent themselves to illegally receive federal small business contracts.

Section 1341, paragraph 4 of H.R. 5297, Small Business Jobs Act, creates a legal loophole that could allow fraudulent firms to avoid prosecution and penalties by claiming they received federal small business contracts through, "unintentional errors, technical malfunctions, and other similar situations."

If the bill becomes law the American Small Business League (ASBL) plans to challenge the language in section 1341 in federal court.

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Thursday, June 25, 2009

Less Than 1% of Stimulus Funds Allocated to Middle Class Firms

/PRNewswire/ -- According to the U.S. Census Bureau, 98% of all U.S. firms have less than 100 employees. Approximately 25 million firms fall into that category. These firms employ over 55% of the private sector workforce and are responsible for over 95% of all new jobs created in America. (www.asbl.com)

The American Small Business League (ASBL) has found of the $2.7 trillion that has been allocated so far to stimulate the national economy, only $21 billion, or less than 1% of the funds have directly gone to small businesses. (http://tinyurl.com/mfzfp7)

The remainder of the funds that were allocated to businesses wound up in the hands of the top 1% of U.S. firms. President Obama has promised to create up to 4.1 million jobs. Census data indicates the top 1% of U.S. firms have not created one net new job since 1977.

There is evidence to suggest the economic stimulus plan is actually harming small businesses. The Wall Street bailout bills were touted as being essential to increasing access to capital for small businesses. Some of the firms that received billions in federal tax dollars are actually cutting access to capital for small businesses. A story in BusinessWeek reported that JPMorgan Chase, one of the largest recipients of the bailout funds, reduced the flow of credit lines for small businesses. (http://tinyurl.com/ou7j79)

Section 107 of the original Wall Street bailout bill gave the Treasury Secretary the power to waive any provisions of the Federal Acquisition Regulations (FAR) he chooses. Paragraph 9 (b) of the bill specifically mentions the waiver of "any provision of the Federal Acquisition Regulations pertaining to minority contracting" and the waiver of provisions pertaining to "woman-owned businesses."

The Obama Administration is supporting a new bill in Congress that could dismantle existing federal economic stimulus programs for small businesses by changing the federal definition of a small business. The new definition will allow many of the nations wealthiest venture capitalists to take billions of dollars in federal contracts previously earmarked for small businesses.

In February of 2008 President Obama stated, "It is time to end the diversion of federal small business contracts to corporate giants." To date, the President has refused to adopt any policy to honor that campaign promise. A series of federal investigations discovered that billions of dollars in federal small business contracts are being diverted to Fortune 1000 firms.

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Thursday, May 21, 2009

Chrysler LLC Update Regarding Current Condition of Chrysler LLC Dealer Network

/PRNewswire/ -- The following are details on the current condition of Chrysler LLC dealer network.

Comments can be attributed to Steven J. Landry, Executive Vice President, North American Sales and Marketing, Service and Parts -- Chrysler LLC:

"The automotive industry cannot support the number of dealers currently in the marketplace. From 1990 until 2007, the industry averaged roughly 16 million new vehicles sold each year. In 2009, new vehicles sold are expected to be 10.5 million units.

"In 2008 Chrysler dealerships did not make a profit. The average loss was $3,184 per dealer.

"Chrysler is treating the rejected dealers fairly by assisting in the redistribution of remaining vehicle and parts inventory, paying incentive and warranty payments due.

"It was not an easy decision to ask the court to reject a portion of our dealer contracts, but the reality is Chrysler's viability depends on a vibrant, profitable dealer network. As presently configured, Chrysler's dealer network does not meet that test. If the sale to Fiat is not approved by the Bankruptcy Court, the stark reality is all 3,181 dealers will face elimination.

"The process to evaluate dealers was a thorough, rigorous process that used a data-driven metric that included the following factors:

-- Minimum Sales Responsibility
-- A scorecard that measured sales, share, shipments, customer
satisfaction index, service satisfaction index and warranty repair
-- Facility (capacity, Millennium II standards)
-- Location (optimum retail area)
-- Dual (Dealer is dualed with a competing manufacturer)
-- The market's total sales potential

"Under this plan, 2,392 dealers across the United States move forward with the new company. It doesn't mean that the 789 rejected dealers will close if this motion is approved by the Court:

-- 44 percent of the 789 "rejected" dealers are dualed with another
(competing) new vehicle franchise and can continue to sell those makes
of vehicles
-- 83 percent of the 789 "rejected" dealers sell more used than new
vehicles, many of these dealers will continue selling and servicing
pre-owned vehicles

"Chrysler began the process to consolidate dealerships and locate all three brands under one roof more than 10 years ago. The Company made the decision it was cost prohibitive to continue to manufacture and market overlapping products. Going forward, we will not do that, so it is critical the majority of our dealers offer customers all three brands under one roof."

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