Bill would toughen oversight of SBA contracting programs

The bipartisan Small Business Contracting Fraud Prevention Act aims to increase criminal penalties for companies that fraudulently win contracts.

Companies competing for federal dollars through the Small Business Administration's socioeconomic contracting programs soon could face toughened scrutiny from Congress and the Obama administration.

Last week, a bipartisan group of Senate lawmakers introduced legislation to create a wide-ranging, cradle-to-the-grave oversight framework of SBA's entire contracting portfolio, beginning with contractor certification and ending with post-award monitoring. The bill also would increase the criminal penalties for companies that fraudulently win small business contracts.

"Exercising thorough oversight to ensure SBA's contracting programs are efficient, effective and accountable is a top priority," said the bill's lead sponsor, Sen. Olympia Snowe, R-Maine, ranking member of the Senate Small Business Committee. "This legislation is a critical step toward ensuring all our nation's small businesses compete fairly in the federal market place."

The Small Business Contracting Fraud Prevention Act is also sponsored by Sens. Mary Landrieu, D- La., the chairwoman of the committee; Scott Brown, R-Mass.; Jeff Merkley, D-Ore.; and Mike Enzi, R-Wyo.

The bill would create an oversight mechanism for small businesses owned by a service-disabled veteran or a woman, located in a Historically Underutilized Business Zone, or operating in the 8(a) Business Development Program. Each of the companies competing for contracts in those four programs would have to submit documentation representing their status in the Online Representations and Certifications Application database.

Companies that misrepresent themselves would face harsher criminal punishments and possible suspension or debarment from future contracting opportunities. Violators would be subject to civil penalties under the False Claims Act and be required to repay the government every dollar they received through a contract, grant or cooperative agreement. Penalties also would be applied to companies that use a subcontractor to perform a higher percentage of work than is allowed by the program's rules.

"Government contracts are perhaps one of the easiest and most inexpensive ways the federal government can help immediately increase sales for America's entrepreneurs, giving them the tools they need to keep our economy strong and create jobs," Landrieu said. "This legislation gives the SBA and the inspector general the tools necessary to combat fraud. We intend for the SBA to hold firms accountable."

The bill lays out significant changes to the framework of many SBA contracting programs. For example, all service-disabled veteran-owned small businesses would be required to register with the Veterans Affairs Department's VetBiz database before competing for contracts. The database currently is mandatory only for companies competing for VA contracts. Within a year, information also would have to be shared between VetBiz and the governmentwide Central Contractor Registration.

Before awarding a sole-source contract to a service-disabled veteran-owned small business, contracting officials first would have to check the VA database. Government Accountability Office reports have shown the program is vulnerable to fraud and abuse by companies misrepresenting themselves as owned by wounded veterans.

In addition, GAO would be tasked with stepped-up monitoring of the 8(a) program, which, along with the HUBZone program, has demonstrated gaps in monitoring and enforcement.

Every three years, the watchdog would be required to evaluate the program's effectiveness, including how many contracts companies win as 8 (a) participants as compared with how they fare after exiting the program. Congress also wants to know how many companies cease to operate after leaving the 8(a) program.

Separately, the bill calls on SBA to evaluate using additional third-party data sources; making unannounced site visits to 8(a) contractors; adopting additional fraud detection tools, including data-mining techniques; and conducting financial and analytical training for their business opportunity specialists.

The agency would be mandated to submit an annual report to Congress on the number of suspensions and debarments in the previous one-year period stemming from convictions, indictments and referrals from the SBA inspector general. SBA also would have to disclose instances in which the IG made a referral for suspension or debarment and the agency declined to follow the recommendation.

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.