TOPICS
TOPICS
GAO finds extensive fraud in disabled veteran-owned small biz program
The Government Accountability Office audited a handful of service-disabled veteran-owned small business contracts, and might have discovered the tip of a large iceberg of fraud.
Of more than 100 allegations of fraud and abuse, GAO audited 10 firms between October 2008 and November 2009 and found that ineligible companies improperly received millions of dollars in set-aside and sole source SDVOSB contracts. The audited firms received approximately $100 million in SDVOSB contracts and another $300 million through other small business programs such as the 8(a) program for disadvantaged minority groups and the HUBZone program for firms located in historically underutilized business zones.
According to the Small Business Administration, $6.5 billion in federal contracts were awarded to service-disabled veteran-owned small businesses in fiscal 2008.
The firms GAO studied committed the fraud in several ways. One company owner was not a service-disabled veteran, another was owned by a service-disabled veteran, but he did not control the firm's daily operations, and several SDVOSBs were serving as pass-throughs for large and sometimes foreign corporations. In the case of a pass-through, a firm or team listed a service-disabled veteran as the majority owner, but all work was performed and managed by a nonservice disabled person or firm, in violation of program requirements.
Gregory Kutz, GAO managing director of forensic audits and special investigations, told the House Small Business Committee on Thursday that the case studies show "significant control weaknesses" in the program, including effective fraud prevention by the Small Business Administration.
"The SDVOSB program is essentially an eligibility-based program," Kutz said. "However, neither the SBA, except when responding to a protest, nor contracting officials are currently verifying the eligibility of firms claiming to be SDVOSBs."
Neither SBA nor contracting agencies have processes in place to access Veterans Affairs Department records listing individuals who are valid service-disabled veterans, Kutz said. Contracting officers also are not required to validate a firm's eligibility before an award. And unlike the 8(a) or HUBZone programs, firms professing eligibility are not required to submit documents substantiating this claim.
Perhaps most discouraging, Kutz said, was that in many fraud cases, federal contracting officials were "actively involved" in and aware of the misrepresentation. He cited an example of a contract for furniture at MacDill Air Force Base in Tampa, Fla., where the contract was awarded to a firm -- essentially a shell company -- owned by a full-time contract employee on the base. "The base director of business operations also told us that MacDill had about $14 million in service-disabled veteran-owned small business sole source and set-aside contracts in 2008, and 90 percent of firms that received these contracts were front companies for large businesses," Kutz told lawmakers.
Committee members of both parties expressed outrage and disgust at the misuse of a program designed to help injured veterans.
"Imagine being a veteran who is injured in Iraq or Afghanistan, yet despite your injuries you still manage to launch your own business. Then imagine finding out that you are losing out on contracts designated for veterans because a big company found out how to get around the rules," said Rep. Nydia Velazquez, D-N.Y. "What kind of message does that send to veterans in this country? We've got to stop it."
Rep. Sam Graves, R-Mo., said fraud alone would be problematic, but in this case it shuts out deserving individuals and firms from crucial opportunities.
"The firms denied contracts are those owned by individuals who made a significant sacrifice in defending our country," Graves said. "That is simply unacceptable."
Lawmakers and GAO both said at the hearing that there must be greater and swifter penalties for those violating the SDVOSB program. While Mills said SBA has recommended that the 10 firms GAO studied be investigated by the SBA inspector general, Kutz said many, if not all, could still be eligible to receive federal dollars.
"It's important when they lie to us and cheat that we do something about it," Kutz said. "You can suspend someone without going through a lengthy three-year process of debarment."
Administrator Karen Mills said SBA was working closely with Veterans Affairs to strengthen oversight of the program, but that primarily SBA is responsible for ensuring SDVOSBs were in fact small businesses, and VA is responsible for ensuring the owners are service-disabled veterans.
"The culture of the SBA is that we will not be the agency of fraud, waste, abuse and mismanagement," Mills said. "We have an aggressive, new attitude towards this; it is explicitly one of our priorities."
Kutz echoed the idea that this priority is relatively new for SBA.
"SBA is good people, but the history of SBA has been as an advocacy organization, not an enforcement organization," he said. "Therefore, you're not going to have the right kind of people, necessarily, that are very good at this. But I would argue that if you're going to be an advocate for small businesses, you need to deal with the integrity of the programs, and today's hearing is a good start."
COMMENTS
- I ran out of space in my previous roof scenario post, and the most important point I want everybody to realize is, the SDVOSB program falls short in one very important aspect compared to 8(a). That difference being, a sole source SDVOSB can only be established if there are no other SDVOSB’s able to compete, while the 8(a) program does not have this same critical limitation. So for the vast majority of commercial type acquisitions, sole source SDVOSB is not an available option, and what you’re left with is competitive (protestable) SDVOSB set-aside. See Federal Acquisition Regulation Subpart 19.1406(a)(1). For 8(a), within certain thresholds you can negotiate with and pick a sole source 8(a) contractor amongst many other 8(a) contractors who may be able to successfully perform the acquisition, and this sole source 8(a) selection is generally only protestable within certain very narrow confines. Sole source 8(a) is very nearly “protest proof” for all but the most inept contracting officers. I’ve been told by informed and involved individuals that during the formative stages of the SDVOSB legislation, a battle ensued between proponents of the 8(a) program vs. SDVOSB proponents, and in the end the 8(a) camp won this very important advantage in the final policy. This is precisely what the contracting officer meant when they said 8(a) was easier than SDVOSB. One of the unhappiest days of my contracting career was when I received the final SDVOSB policy, and noticed its sole source authority was severely limited as compared to 8(a). And finally, when I used the term “entitlement” in my initial 30 November post on this article, I did not mean to use that term in a negative sense. Somehow this term has taken on a negative connotation in our society, one which I did not intend. I’ll leave it up to you philosophers out there to debate the meaning of “entitlement” vs. “earned program status” vs. what the meaning of “is” is. Do I believe veteran owned businesses are “entitled” to certain competitive advantages in federal procurement? You bet I do! Do I believe 8(a) should be a stronger type of “entitlement” than SDVOSB? Hmm, I think I’ll stay away from that one! I hope you’ve found my posts helpful and entertaining. Lloyd Posted January 13, 2010 2:03 PM
- I will give you a very simple example to help you understand what contracting officers mean when they say 8(a) procedures are “easy”. Let’s say for instance you intend to replace the roof on your house. Logically you would contact several reputable contractors in your area and invite them to submit bids. You might even go so far as to advise these contractors that you’ll be picking the winner based upon the quoted price, type of roof proposed, proposed completion time, and their overall reputation. In other words, you’re establishing your own “best value” acquisition process for your new roof. OK so far this sounds wise and well reasoned, right? Well furthermore, being an extraordinarily fair minded person, you advise these roof contractors that after you pick the winner, the losing contractors are invited to file lawsuits (“protests”) challenging your decision. These lawsuits could obviously delay your roof replacement for many months, even years (during which time your family would presumably be very unhappy with you). Teams of lawyers on both sides would scrutinize the infinite details of the process you followed in soliciting and awarding your roof project. Your award decision could even get overturned for a seemingly minor detail you overlooked during the process. Now let me ask you, is this the process you would follow for your roof project? I’m guessing not. Most of you have already figured out that my roof scenario illustrates exactly what contracting officers face when they conduct competitive acquisitions. So one of the great ways us contracting officers have to avoid this seemingly ridiculous process is to use the sole source 8(a) program. Is it “easy”? You bet it is comparatively speaking. Lloyd Posted January 13, 2010 11:17 AM
- We in the SDVOSB community have been told by DoD contracting officers that they prefer 8a because it’s “easy”. So Kevin - DoD Contracting Officer’s comments come as no surprise given how contracting officers allowed and even participated in the fraud and abuse exposed in the GAO report. There is a difference between an EARNED program status and one that is simply awarded by virtue of the circumstances of birth. SDVOSB not only sacrificed in service but represent every element of American society and therefore deserve consideration on par with 8a. Further 8a status automatically granted to certain groups is done so on the assumption that they face discrimination in business while ignoring the discrimination against veterans in documented research. Finally, with regard to those masquerading firms in the report, I’m curious as to why they weren’t identified. They are deserving of public ridicule and contempt as are those in contracting who enabled them. Jack - SDVOSB / CA DVBE Posted December 26, 2009 4:34 PM
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