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ARTICLE 

Adverse Business Environment Worries Small Business Execs 

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by Joshua A. Kutner 

At a time when Pentagon officials are stressing the importance of small business participation in defense contracts, there is widespread discontent among executives as a result of what they call a detrimental business environment.

Among the problems cited by small business officials are tight labor markets, slow payments for contracts and the increasingly common practice of "bundling" multiple projects into a single contract award.

To address some of this issues, the U.S. Army Materiel Command hosted a conference with small business leaders in McLean, Va. Officials from both government and industry generally agreed that communications between the two sectors must improve. Executives also conceded that they need to become more aggressive in pursuing new business opportunities in defense-related work. Army officials, meanwhile, outlined the service's strategy for working with small businesses in the future and offered suggestions on how to better take advantage of so-called small business set-asides.

In Fiscal Year 1999, the Army achieved its preliminary goals in prime contracting with small and small disadvantaged businesses. The service, which allocated approximately $27.4 billion to U.S. prime contractors for procurement, spent $7.2 billion or 26.4 percent on small businesses after setting an initial goal of 26 percent. It gave small disadvantaged firms $2.5 billion or 9.2 percent, crushing its goal of 5 percent. The Army, however, failed to achieve its goal of 5 percent in business from woman-owned small businesses with $856 million or 3.1 percent, according to figures presented by Tracey Pinson, director of the Army's Office of Small and Disadvantaged Business Utilization.

The Army, which spent $1.4 billion on subcontract procurements, exceeded all three of its subcontracting goals in fiscal 1999. As of March 1999, small businesses had received $887 million or 62.8 percent of the service's U.S. procurement dollars with a goal of 50 percent. Small disadvantaged businesses collected $134 million or 9.5 percent with a goal of 5 percent, and woman-owned small businesses cashed in at $119 million or 8.4 percent, also with a goal of 5 percent.

In fiscal 2000, said Pinson, the Army is committed to turning former proteges into mentors in the Graduated 8(a) Mentor-Protege Pilot program, enhancing participation of small businesses in competitive sourcing opportunities, increasing military installations involvement in Historically Underutilized Business Zones (HUBZones) and assisting small businesses in establishing good past performance records.

"We must take advantage of joint venturing," said Pinson.

Army Focus
The mentor-protege program provides incentives to prime contractors that train small disadvantaged businesses to perform as suppliers. As of November 1999, the Army had 17 mentors and 24 proteges. The Army works with graduated 8(a) companies, encouraging them to become mentors to current 8(a) firms. In November, the service had authorized 10 mentor-protege teams and approved five under the Graduate 8(a) Program.

Prime contractors who take on subcontractors as proteges may be entitled to labor cost reimbursements or credit costs toward subcontracting goals, said Pinson.

The mentor-protege program helps the Army gain access to a wider base of suppliers. Participating businesses gain valuable knowledge of how to compete for government work.

The Army also hopes to court small businesses located in HUBZones, areas that range from 2,000 to 8,000 in population. In order for a small business to qualify for HUBZone contacts, it must be located in that particular zone and at least 35 percent of its employees must reside there.

Another factor that helps firms win contracts is past performance. If a contractor has a positive track record in dealing with the Defense Department, it is more likely to receive additional contract awards. The Army has worked to educate small businesses on how to benefit from past performance evaluation.

But despite efforts by the Defense Department to increase small business participation, some industry officials are not seeing rainbows.

"I asked the question [to the Small Business Administration], 'what is the single greatest problem facing small businesses today?'" said Nancy E. Archuleta, chairperson and chief executive officer of MEVATEC Corporation, a woman-owned small business headquartered in Huntsville, Ala. MEVATEC, a technical service provider, has been an active supplier to the Army. "Usually, the answer that I get is access to capital, the ability to find contracting opportunities, contract bundling," she continued. "But in this particular case, the answer that I got was the tight labor market. Small businesses are finding it very difficult to compete with larger businesses and with the mega Goliaths for good quality people."

Challenges
Archuleta said that small businesses need to look at and evaluate how they train and retain personnel. "I think that from a procurement side as far as the Army is concerned," she said, "I would say when you look at proposals, look at how innovative businesses are about how they attract people. What are they willing to do in terms of training their workforce and maintaining their workforce? I think that is really important."

One method that can help small businesses improve training is using the Job Training Partnership Act (JTPA), said Archuleta. The JTPA was established by the federal government in 1982 to provide localized job training for skilled workers who are seeking employment.

Before companies can fill their staffs, however, they need to know their potential customer's needs, officials said.

Pinson said, "In order to do business with [the Army], it is imperative to know what direction we are going in."

Slow Contractor Payments
But small businesses may not have enough backup assets to stay afloat if the Pentagon continues to struggle in paying contractors on time, complained Archuleta.

She gave an account of a protege that went from $2 million to $4 million in revenues in one year, but failed to receive half of its payments on time. "That can literally put a business under," she said. "We all have to work together to address [slow contractor payments]."

Archuleta also expressed concern over prime contractors' payments to subcontractors.

"Previously, once [prime contractors] billed the government, they were able to pay the subcontractor," she said. "Under recent regulatory changes, the prime contractors no longer are required to pay subcontractors prior to their billing the government for their services. This is definitely going to slow the process for small businesses or subcontractors, quite frankly, large and small."

The government is bound by the Prompt Payment Act, which entitles contractors to interest if their payments are not made on time. The act, however, has been scrutinized because it is not strict enough.

"The Prompt Payment Act that requires the government to pay the contractor interest on late payments should be applicable to all contracts and payments. That's our recommendation," said Archuleta. "Let's start putting some teeth into the enforcement here. The current Prompt Payment Act says that no accountability exists for the customer to make timely payments. We have to get accountability in this system some way."

The Business Executives for National Security (BENS) Tail-to-Tooth Commission believes the act has been by and large successful but still has some snags. BENS is a national, nonpartisan organization of business leaders committed to national security. "The basic components of the Prompt Payment Act have worked fairly well," said a report by the commission. "However, the act addressed more than just late payment. It also sought to encourage contractors to offer price discounts for early payments and to require government agencies to push for these discounts. As the General Accounting Office (GAO) noted, this part of the Prompt Payment Act shows some serious shortcomings.

"Discount payments-which are standard in the business community-turn on a question of trust when the federal government is involved. Many vendors, wary of the government's past performance, do not believe they can count on quick payment, so they have been unwilling to offer deep discounts. This trust can be developed, but only if government agencies improve their prompt payment performance."

The GAO, in 1999, filed a report that said the Pentagon is in danger of overpaying contractors under the Prompt Payment Act.

"Unless the Pentagon gains control over its payment process, it will continue to risk erroneously paying contractors hundreds of millions of dollars and perpetuating other financial management and accounting control problems," said the report. "Improving the efficiency of the payment process could save millions of dollars each year. Although the Defense Department is trying to improve its payment process and controls, it will likely take many years before [the department] gets its payment problems under control."

The report suggested that the Pentagon make better use of technology when it comes to making payments. This would streamline and simplify the process.
The report also recommended raising the minimum dollar amount required by the Prompt Payment Act. "The Defense Finance and Accounting Service now sends out interest payments whose processing costs total more than the face value of checks," said the report.

Also, contractors are not required to inform the government when they are overpaid, and the GAO suggested that this should change.

Archuleta, however, believes there is something to be gained from these shortcomings. She said the challenge gives small businesses the opportunity to learn how the legislative system works and to become a player in the process.
Another challenge that has impeded the small business market, officials claim, is contract bundling.

Contract Bundling
Contract bundling occurs when a series of contracts are packaged and awarded to a prime contractor. Supporters claim this saves time and money. Bundling has been criticized for jeopardizing competition.

Archuleta recommended that government agencies use purchasing schedules provided by the General Services Administration (GSA), which would speed up time and labor rates. GSA schedules, she said, provide a simplified tool for suppliers and customers. She also said that if agencies limit their competition to small businesses, small disadvantaged businesses, woman-owned small businesses and HUBZones, they will have more chance to achieve their small business goals.

"Contract bundling is going to stay," said Archuleta. "As a mentor, some of the things that we notice are that if you are not up to speed in your pricing and how you do your proposal efforts, you really have to make an investment in that area."

Another problem that occurs is when disadvantaged businesses, particularly Native American tribal-owned companies, fail to help out other disadvantaged firms, she said. Government agencies receive incentives for partnering with such firms. These companies are usually large firms that do not traditionally team with other companies, large or small, said Archuleta. "We are flip-flopping this thing around."

She told government representatives at the conference to become aware of the situation and work with their small disadvantaged business utilization offices to assure that small businesses are given a level playing field.

"To survive, compete and become successful in this environment, companies must be bold, innovative, creative, adaptable and prepared," said Archuleta. "Just doing a good job is not good enough. You have to do an extraordinary job."

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