"MESSAGE TO SENATE CONTRACTING OVERSIGHT COMMITTEE TO PROTECT AND EMPOWER CONTRACTING WHISTLEBLOWERS

Prominent Contracting Watchdog Cites His Own Experience to Strengthen Proposed Legislation (S.241)

As a government contractor whose whistle blowing accounting of waste, fraud and abuse have resulted in retaliation, literally shutting down my contracting business, I respectfully request for the Subcommittee on Contracting Oversight to consider the issues - at their November 6^th hearing – raised by The Fairness in Procurement Alliance (FPA), http://bit.ly/cSJHTI.

Government Contractors whose actions result in retaliation and/or loss of a federal contract(s) shall be entitled not only to due process, but to redress and compensation when they win their cases. If the subject involves size misrepresentation, the protestor in line to get the contract must be entitled to compensation from the company caught committing fraud. If the subject involves abusive procurement practice, the compensation shall be for consideration for future contracts for bona-fide needs of the Agency, over a specified period of time [subject to an extension(s)] provided the prices offered are considered fair and just.  

Petitions for an Investigation

I have just filed (see attachments) requests to DoD (Army and Air Force) and DHS to investigate and report on the allegations that the rules of a government procurement vehicle (reverse auctions) are being used by Federal Agencies to circumvent the statutory provisions of The Small Business Act, a fact that the SBA Office of Advocacy had confirmed in 2008 when it listed them on their r3 Initiative, http://bit.ly/ruBRwB   The r3 Initiative list the “Ten Worst Rules and Regulations Affecting Small Businesses.”  For the record, nothing has ever been done on the subject. The Subcommittee may wish to consider initiating their own investigation through GAO on the subject matter.

GAO Protest

To further emphasize this particular endemic abuse, I have challenged a reverse auction solicitation from the Army through a GAO Protest (B-406075.)  The protest will demonstrate how Agencies are abusing not only the rules of the reverse auctions, http://bit.ly/tNWXFp, but also the GSA Schedule exemption, which SBA – in a historic 2007 opinion had declared them illegal, http://bit.ly/rkHKvg.  

Although the expected GAO decision will have huge repercussions, I have had no choice, but to file it, pro-se, because, as a small business, I lack the legal resources needed to fight back. I have asked the SBA Office of Contract Law, however, for their support and I trust that the Subcommittee will encourage such support.

Retaliation

My activities as a contracting watchdog, and as a contracting whistleblower have only resulted in retaliation, aka, discrimination which I have accounted for through numerous documents:     

Official Complaints (OIG). - http://bit.ly/Retaliation_Complains

Congressionals. - http://bit.ly/flA7pz

OP-ED. - http://bit.ly/Govt_Retaliation

Press Release. -  http://bit.ly/aBX8jn

I, again, respectfully request for the Subcommittee on Contracting Oversight to both protect and empower contracting watchdogs who, like me, account for waste, fraud and abuse only to be retaliated for their efforts to make a difference. 

Thank you for your consideration

Raul Espinosa
President and CEO

Fairness in Procurement Alliance (FPA)  http://www.umbrellainitiative.org

http://www.FPAportal.org

mailto: 

904.347.4726

The mission of FPA is to bring fairness to public procurements so that small and disadvantaged businesses (SDB) can receive "maximum practicable utilization" (MPU) as prescribed by P.L. 95-507 and thus compete and prosper at the federal, state and local levels.  FPA operates a Think Tank whose purpose is to involve university and law professors in bringing transparency to government contracting and on projects  that create jobs. FPA also  manages ‘The Umbrella Initiative' whose goal is "to double the number of small businesses contracting with the governement by the year 2020."