Congress Renews 25-Year-Old Test Program Pentagon Wants to Expire

ASBL Lawsuit Tries to Halt Renewal of 25-Year-Old Test Program

PETALUMA, Calif., Dec. 9, 2014 (GLOBE NEWSWIRE) -- The House of Representatives has voted to renew the Pentagon's 25-year-old Comprehensive Subcontracting Plan Test program into its 28th year of testing after Pentagon spokeswoman Maureen Schumann stated that the Pentagon wanted the Test Program to expire.
The Senate is expected to renew the Test Program by the end of the week as part of the 2015 National Defense Authorization Act (NDAA).
In 2010, the American Small Business League (ASBL) launched a national campaign to block the renewal of the Test Program. In September, Professor Charles Tiefer, one of the nation's leading experts in federal contracting law, released a legal opinion that described the program as a "sham".  His legal opinion states, "The program is a sham and its extension will be seriously harmful to vital opportunities for small business to get government contracting work... Let it expire." 
Professor Tiefer's legal opinion prompted several journalists to published stories that were very critical of the Test Program. As a result, the House Armed Services Committee held a hearing to discuss the future of the Test Program.
The Washington PostThe Blaze and GovExec all published stories critical of the 25-year old Test Program.
The Hill published a blog written by ASBL President Lloyd Chapman titled, "Pull the plug on Pentagon's 25-year-old test program."
The Pentagon adopted the Comprehensive Subcontracting Plan Test Program in 1990 under the pretense of "increasing subcontracting opportunities for small businesses." In reality the Test Program eliminated all transparency and penalties for small business subcontracting programs for the Pentagon's larges prime contractors. The Pentagon has consistently refused to release any data on the Test Program for more than twenty-five years.
As a test case the ASBL requested the most recent subcontracting report submitted by Sikorsky Aviation Corporation under the Test Program using the Freedom of Information Act. The ASBL filed suit in Federal District Court in San Francisco after the Pentagon refused to release the data.
On Nov. 23, Federal Judge William Alsup ruled in favor of the ASBL and ordered the Sikorsky data to be released by December 3, 2014. On Dec. 2, the Office of Solicitor General intervened on behalf of the Pentagon and asked the court for a 60-day stay on the release of the data.
The ASBL believes the request for a 60 day stay was designed to prevent the release of very damaging information on the Test Program that could have jeopardized the renewal of the program by Congress. The House voted to renew the Test Program into its 28th year of testing on Dec. 2.
The Senate is also expected to vote to renew the Test Program this week as part of the 2015 National Defense Authorization Act (NDAA) in spite of the Pentagon's position to let the program expire. 
"Its astounding no one has ever seen any data on this blatant anti-small business scam and yet Congress will vote to renew it into its 28th year," said ASBL President Lloyd Chapman.
Watch ASBL documentary trailer


Contact Data