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Growing the Small Business Supplier Base in Government Contracting (House Small Business subcommittee hearing, October 13, 2021)

Summary

Transcript of the House Small Business Subcommittee on Contracting and Infrastructure hearing Growing the Small Business Supplier Base in Government Contracting, on October 13, 2021, published as Small Business Committee Document Number 117–036. Representatives Kweisi Mfume and Maria Salazar gave opening statements. Witnesses were Alba Alemán of Citizant, Inc. for the U.S. Women's Chamber of Commerce, Lynn Ann Casey of Arc Aspicio, Victor Holt of V-Tech Solutions, Inc. for the HUBZone Council, and Sophia Tong of T and T Consulting Services Inc. for the Montgomery County Chamber of Commerce. The appendix carries questions from Hon. Fitzgerald and Hon. Mfume with responses from Tong, and material from the National Veteran Small Business Coalition.

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“Growing the Small Business Supplier Base in Government Contracting (House Small Business subcommittee hearing, October 13, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/growing-the-small-business-supplier-base-in-government-contracting-hou-c9f1740a93/, SHA-256 d7d0e00c8034d9bc395790a03f4079e3ff619ce17c2c5cdc755c076759d5fba5.

Full text

                                                                   GROWING THE SMALL BUSINESS SUPPLIER BASE
                                                                         IN GOVERNMENT CONTRACTING


                                                                                                  HEARING
                                                                                                          BEFORE THE


                                                                      SUBMITTEE ON CONTRACTING AND
                                                                             INFRASTRUCTURE
                                                                                                             OF THE


                                                                        COMMITTEE ON SMALL BUSINESS
                                                                               UNITED STATES
                                                                         HOUSE OF REPRESENTATIVES
                                                                                ONE HUNDRED SEVENTEENTH CONGRESS
                                                                                                        FIRST SESSION


                                                                                                        HEARING HELD
                                                                                                       OCTOBER 13, 2021




                                                                                 Small Business Committee Document Number 117–036
                                                                                   Available via the GPO Website: www.govinfo.gov



                                                                                           U.S. GOVERNMENT PUBLISHING OFFICE
                                                                    45–780                             WASHINGTON : 2022




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                                                                                    HOUSE COMMITTEE ON SMALL BUSINESS
                                                                                       NYDIA VELÁZQUEZ, New York, Chairwoman
                                                                                                JARED GOLDEN, Maine
                                                                                                JASON CROW, Colorado
                                                                                               SHARICE DAVIDS, Kansas
                                                                                              KWEISI MFUME, Maryland
                                                                                              DEAN PHILLIPS, Minnesota
                                                                                               MARIE NEWMAN, Illinois
                                                                                           CAROLYN BOURDEAUX, Georgia
                                                                                               TROY CARTER, Louisiana
                                                                                                 JUDY CHU, California
                                                                                            DWIGHT EVANS, Pennsylvania
                                                                                            ANTONIO DELGADO, New York
                                                                                          CHRISSY HOULAHAN, Pennsylvania
                                                                                                ANDY KIM, New Jersey
                                                                                               ANGIE CRAIG, Minnesota
                                                                                    BLAINE LUETKEMEYER, Missouri, Ranking Member
                                                                                               ROGER WILLIAMS, Texas
                                                                                              JIM HAGEDORN, Minnesota
                                                                                              PETE STAUBER, Minnesota
                                                                                              DAN MEUSER, Pennsylvania
                                                                                             CLAUDIA TENNEY, New York
                                                                                           ANDREW GARBARINO, New York
                                                                                                YOUNG KIM, California
                                                                                               BETH VAN DUYNE, Texas
                                                                                               BYRON DONALDS, Florida
                                                                                               MARIA SALAZAR, Florida
                                                                                            SCOTT FITZGERALD, Wisconsin

                                                                                           MELISSA JUNG, Majority Staff Director
                                                                                      ELLEN HARRINGTON, Majority Deputy Staff Director
                                                                                              DAVID PLANNING, Staff Director




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                                                                                                           CONTENTS
                                                                                                        OPENING STATEMENTS
                                                                                                                                                                                      Page
                                                              Hon. Kweisi Mfume .................................................................................................       1
                                                              Hon. Maria Salazar .................................................................................................      3

                                                                                                                  WITNESSES
                                                              Ms. Alba Alemán, Chief Executive Officer and Founder, Citizant, Inc., Chan-
                                                               tilly, VA, testifying on behalf of the U.S. Women’s Chamber of Commerce ...                                              5
                                                              Ms. Lynn Ann Casey, Chief Executive Officer and Founder, Arc Aspicio,
                                                               Washington, DC ...................................................................................................       7
                                                              Mr. Victor Holt, Chief Executive Officer and Founder, V-Tech Solutions, Inc.,
                                                               Silver Spring, MD, testifying on behalf of the HUBZone Council ...................                                       8
                                                              Ms. Sophia Tong, Chief Executive Officer and Founder, T and T Consulting
                                                               Services Inc., Falls Church, VA, testifying on behalf of the Montgomery
                                                               County Chamber of Commerce ...........................................................................                  10

                                                                                                                    APPENDIX
                                                              Prepared Statements:
                                                                  Ms. Alba Alemán, Chief Executive Officer and Founder, Citizant, Inc.,
                                                                    Chantilly, VA, testifying on behalf of the U.S. Women’s Chamber of
                                                                    Commerce ......................................................................................................    26
                                                                  Ms. Lynn Ann Casey, Chief Executive Officer and Founder, Arc Aspicio,
                                                                    Washington, DC ............................................................................................        32
                                                                  Mr. Victor Holt, Chief Executive Officer and Founder, V-Tech Solutions,
                                                                    Inc., Silver Spring, MD, testifying on behalf of the HUBZone Council ....                                          36
                                                                  Ms. Sophia Tong, Chief Executive Officer and Founder, T and T Con-
                                                                    sulting Services Inc., Falls Church, VA, testifying on behalf of the
                                                                    Montgomery County Chamber of Commerce ..............................................                               43
                                                              Questions and Answers for the Record:
                                                                  Questions from Hon. Fitzgerald and Responses from Ms. Tong ...................                                       51
                                                                  Question from Hon. Mfume and Response from Ms. Tong ...........................                                      55
                                                              Additional Material for the Record:
                                                                  National Veteran Small Business Coalition ...................................................                        56




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                                                                   GROWING THE SMALL BUSINESS SUPPLIER
                                                                     BASE IN GOVERNMENT CONTRACTING

                                                                                       WEDNESDAY, OCTOBER 13, 2021

                                                                                   HOUSE OF REPRESENTATIVES,
                                                                                    COMMITTEE ON SMALL BUSINESS,
                                                                SUBCOMMITTEE ON CONTRACTING AND INFRASTRUCTURE,
                                                                                                                Washington, DC.
                                                                 The Subcommittee met, pursuant to call, at 12:04 p.m., via Zoom,
                                                              Hon. Kweisi Mfume [chairman of the Subcommittee] presiding.
                                                                 Present: Representatives Mfume, Newman, Andy Kim,
                                                              Hagedorn, Stauber, Meuser, Salazar, and Fitzgerald.
                                                                 Chairman MFUME. Good morning, ladies and gentlemen. I want
                                                              to call the Subcommittee to order.
                                                                 Without objection, the Chair is authorized to declare a recess at
                                                              any time today.
                                                                 I would like to begin by noting some important requirements. Let
                                                              me begin by saying that the standing House Committee rules will
                                                              be in practice today and will apply during these remote pro-
                                                              ceedings. All Members are reminded that they are expected to ad-
                                                              here to these standing rules, including decorum when they are, in
                                                              fact, participating in any remote event.
                                                                 With that said, the technology that we are utilizing today re-
                                                              quires us to make some small modifications to ensure that Mem-
                                                              bers can fully participate in these hearings. House regulations re-
                                                              quire Members to be visible through a video connection throughout
                                                              the proceedings, so please keep your cameras on. If you have to
                                                              participate in another proceeding, please exit and then log back in
                                                              later.
                                                                 In the event that a Member encounters technical issues that pre-
                                                              vent them from being recognized for their questioning, I will then
                                                              move to the next available Member of the same party and will rec-
                                                              ognize that Member at the next appropriate time slot provided that
                                                              is that they have returned to the proceedings.
                                                                 Should a Member be interrupted by technical issues, I will recog-
                                                              nize that Member at the next appropriate spot for the remainder
                                                              of their time once those issues have, in fact, been resolved. In the
                                                              event that a witness loses connectivity during testimony or ques-
                                                              tioning, I will preserve their time as staff attempts to address
                                                              whatever technical issue may be at hand. I may need to recess the
                                                              proceedings to provide time for witnesses to reconnect. And finally,
                                                              please remember to remain muted until you are recognized to be
                                                              able to minimize background noise.
                                                                 In accordance with staff rules, staff has been advised to mute
                                                              participants only in the event that there is inadvertent background
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                                                              noise. Should a Member be recognized, they obviously then must
                                                              unmute themselves to seek recognition again at the appropriate
                                                              time.
                                                                 I want to thank all of you for participating in this meeting, this
                                                              hearing, and to say that you that I am hoping that we make a
                                                              great deal of progress as we get through the day and all that we
                                                              have to do.
                                                                 The United States Government is the largest purchaser of goods
                                                              and services in the world. In fiscal 2020 alone, federal agencies ob-
                                                              ligated more than $650 billion in federal contracts. They did that
                                                              through their buying power because the federal government is
                                                              uniquely positioned to incentivize the economy and strengthen the
                                                              industrial base. Thus, it really is vital that small businesses then
                                                              have ample opportunity to compete in this space.
                                                                 When small firms have the ability to compete and then win fed-
                                                              eral contracts, American entrepreneurs and the federal government
                                                              all benefit. Unfortunately, the federal small business supplier base
                                                              has shrunk a staggering 40 percent over the last decade. This de-
                                                              cline means less opportunity then for small businesses to support
                                                              livelihoods and to support the communities that they, in fact, serve.
                                                                 Now, while this decrease cannot be attributed to any one factor,
                                                              it is safe I think to say that Category Management has been a driv-
                                                              ing force behind the decline of the number of small firms serving
                                                              as federal prime contractors.
                                                                 Category Management, or CM as it is known, is a government-
                                                              wide procurement initiative that involves buying common goods
                                                              and services as a single enterprise. The intended goal as we know
                                                              of the initiative is to eliminate redundancies, increase efficiencies,
                                                              and deliver more savings by leveraging the federal government’s
                                                              buying power.
                                                                 Now, these are all worthy goals, but the policy has resulted in
                                                              pushing small businesses in many instances out of the federal pro-
                                                              curement space. Category Management discourages the use of indi-
                                                              vidual contracts and consolidates requirements into large con-
                                                              tracting vehicles, leading to less competition and then ultimately
                                                              fewer contracting opportunities.
                                                                 In 2020, GAO issued a report showing that while dollars and
                                                              contract actions have grown for small businesses within the CM
                                                              initiative, the overall number of small businesses and vendors re-
                                                              ceiving awards had, in fact, declined.
                                                                 So to put it mildly, I think it is fair to say that a select number
                                                              of small businesses were able to navigate and benefit this complex
                                                              system, while many others were pushed out altogether.
                                                                 In fiscal year 2016, 92,000-plus small businesses provided com-
                                                              mon products compared to just 79,114 of those same businesses in
                                                              3 years, a drop of 17 percent in that 36 month period. If this trend
                                                              persists, it will have a severe consequence, both for the federal gov-
                                                              ernment and for the small business base. Fewer small businesses
                                                              will lead to less innovation, higher costs, and then ultimately a
                                                              weaker supply chain.
                                                                 So I think it is not a stretch for me to say that all Members of
                                                              this Committee believe in bringing in more efficiency and less re-
                                                              dundancy to our procurement system. Yet, we cannot advance




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                                                              these goals at the expense of small businesses, which are still, and
                                                              will always be, the backbone of our economy.
                                                                 That is why we must ensure that the implementation of this ini-
                                                              tiative does not run counter to the protections afforded to small
                                                              businesses under the Small Business Act. And so I look forward to
                                                              the hearing. I look forward to our panel today, to be able to talk
                                                              about the challenges that Category Management continues to pose
                                                              for small businesses and what, in fact, this Subcommittee and what
                                                              Congress can do.
                                                                 With that, I would like to yield to the Ranking Minority Member,
                                                              Ms. Salazar of Florida for her opening statement.
                                                                 Ms. Salazar?
                                                                 Ms. SALAZAR. Yes, thank you, Chairman, for being here with us
                                                              and for giving me the opportunity to talk to the rest of the Sub-
                                                              committee. I appreciate you holding this hearing to support greater
                                                              small business participation in federal government contracting.
                                                                 As I explained to you, I wanted to do it in person. It is a lot more
                                                              warmer and you can definitely share more thoughts but I under-
                                                              stand that now is the time to do as we are doing. Hopefully, next
                                                              time we will be able to do it in person in Washington.
                                                                 So small businesses are critical to our nation’s security, innova-
                                                              tion, and the economy. And because of this, the federal government
                                                              needs a strong small business supplier base. We don’t have a
                                                              strong the small business supplier base, and it is the federal gov-
                                                              ernment’s fault.
                                                                 In the last decade, the number of small contractors shrank by
                                                              nearly 40 percent. Let me say it again. We have lost over one-third
                                                              of our small contractors in less than 10 years. If that does not
                                                              shock us, let me tell you more. In the last 15 years, the number
                                                              of new entrants to the federal marketplace declined by nearly 80
                                                              percent. Clearly, the federal procurement environment has become
                                                              so hostile to new small businesses that they just do not even try.
                                                                 We need to act now to stop this axis and we at the federal level
                                                              need to figure out what is happening. For instance, we need to re-
                                                              evaluate the government’s use of what you call contract bundling.
                                                              That happens when several small contractors are combined into
                                                              one unnecessarily large contract.
                                                                 Another problem is what we call Category Management. That is
                                                              when contractors are grouped together in categories, but this leads
                                                              to picking winners and losers and that is not our job at the federal
                                                              level. That is the marketplace job.
                                                                 To be fair, Category Management has worked, and as of recent,
                                                              small business contracts can now be classified as a Tier 1 contract,
                                                              an upgrade from before.
                                                                 Category Management can also be useful to track federal pur-
                                                              chasing habits, identify efficiencies, and keep contracting costs
                                                              down.
                                                                 With that said, we cannot be naive when it es to how this will
                                                              impact our small business suppliers. I want to give you an exam-
                                                              ple. The government is increasing spending towards Best-in-Class
                                                              (BIC) contracts, which according to the government are the pre-
                                                              ferred and recommended contracting method. But these contracting
                                                              methods at this hour are only benefitting a few contractors from
                                                              above the rest, stifling competition, and reducing opportunities. In




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                                                              other words, the current category’s management efforts appear to
                                                              be benefitting the few to the detriment of many. And the end result
                                                              is the federal government, while it is desperately looking to save
                                                              a few pennies, is destroying the small business supplier space.
                                                                 Let me share another example. The Office of Management and
                                                              Budget, the OMB, eliminated one whole category of contracts called
                                                              the Tier 0 contracts. They celebrated this as a major success. They
                                                              said that it would only impact 5 percent of small businesses. But
                                                              let me tell you something. There was another fact check conducted
                                                              by the Government Accountability Office that it said that that new
                                                              bracket eliminated thousands of opportunities for small businesses
                                                              that had been eliminated by the Category Management. In other
                                                              words, it does not work.
                                                                 I promised my constituents in District 27 that one of my goals
                                                              from this office, the Congressional Office, was to make thousands
                                                              and thousands of them, thousands of small business owners ven-
                                                              dors of the federal government and it has not happened.
                                                                 So let me conclude with this thought. The decline of small busi-
                                                              ness federal contractors to inflate directly to healthy competition
                                                              and innovation. This comes on the heels of another staff job report
                                                              in September, last month. The United States economy added only
                                                              200,000 new jobs compared to the 500,000 that were affected. So
                                                              the federal government must do a lot more to provide opportunities
                                                              for the small businesses in this country.
                                                                 I thank you. I would like to thank the witnesses for their expert
                                                              testimony today, and I yield back.
                                                                 Chairman MFUME. Thank you very much, Ms. Salazar. The
                                                              gentlewoman yields back.
                                                                 I would like to take a moment now to explain how this hearing
                                                              will, in fact, proceed. Each witness will have 5 minutes to provide
                                                              a statement and each Committee Member will have 5 minutes for
                                                              questions. Please ensure as I mentioned earlier that your micro-
                                                              phone is on when you begin speaking and that you return to mute
                                                              when you finish.
                                                                 With that said, I would like to introduce the order of our wit-
                                                              nesses.
                                                                 Our first witness is Ms. Alba Alemán. And I hope I am pro-
                                                              nouncing that correctly, the founder and CEO of Citizant, Inc., lo-
                                                              cated in Chantilly, Virginia. Citizant is a certified, woman-owned
                                                              business and a former 8(a) firm. The company specializes in cre-
                                                              ating solutions to complex government IT challenges, including ap-
                                                              plication development, testing, automatization, enterprise, data
                                                              management, and quality process improvement. Ms. Alemán has
                                                              led Citizant through 22 years of successful service delivery on mis-
                                                              sion critical government programs. Welcome, Ms. Alemán.
                                                                 Our next witness will be Lynn Ann Casey, the founder and CEO
                                                              of Arc Aspicio, a certified woman-owned small business. Arc Aspicio
                                                              is a consulting absolutions company that provides and solves prob-
                                                              lems I should say by applying integrated capabilities in strategy,
                                                              design, data, capital, behavioral science, and in technology. Ms.
                                                              Casey founded Arc Aspicio in 2004 and has a proud career of driv-
                                                              ing innovation for government agencies. Welcome, Ms. Casey.
                                                                 Our third witness today will be Mr. Victor Holt, founder and
                                                              CEO of V-Tech Solutions, Inc. V-tech is a HUBZone 1 certified




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                                                              former 8(a) veteran-owned small business that offers technology,
                                                              information, and a wide range of professional services. Mr. Holt
                                                              founded V-Tech in 2000 after serving in the United States Air
                                                              Force and working in the private sector for Lockheed Martin, Nor-
                                                              throp Grumman, and Hewlett Packard. We appreciate your time
                                                              and expertise, Mr. Holt. Welcome to you as well.
                                                                I will now yield to the Ranking Member to introduce our final
                                                              witness. Ms. Salazar?
                                                                Ms. SALAZAR. Yes. Thank you, Mr. Chairman.
                                                                Our final witness is Sophia Tong. She is the founder and chief
                                                              executive officer of T&T Consulting Services, Inc., a woman-owned
                                                              small business. Ms. Tong is also a graduate of the Small Business
                                                              Administration’s 8(a) program. Under her leadership, T&T has
                                                              grown from a small two-person business in 2004 to over 100 em-
                                                              ployees at this time. Under Ms. Tong’s direction, T&T has achieved
                                                              numerous, difficult to obtain, certifications in both a diverse array
                                                              of federal government and commercial clients. Ms. Tong holds over
                                                              15 years of experience in software engineering and project man-
                                                              ager. She has earned a Master of Science in Computer Science from
                                                              the University of Maryland and her Bachelor of Science in Com-
                                                              puter Science and Information Engineering from the National
                                                              Chiao Tung University in Taiwan. She is a certified project man-
                                                              ager professional and also information technology infrastructure li-
                                                              brary certificate. Due to her hard work and exemplary leadership
                                                              skills, Ms. Tong has received many accolades, including the 2008
                                                              American Business Awards Executive of the Year Award, the
                                                              Washington Business Journal 2019 Minority Business Leader
                                                              Award, and the 2019 Small Business Administration’s Small
                                                              Businessperson of the Year in Northern Virginia. Ms. Tong, I look
                                                              forward to hearing your testimony and I yield back. Welcome.
                                                                Chairman MFUME. Thank you, Ms. Salazar.
                                                                Ms. Alemán, you are now recognized for 5 minutes. Please pro-
                                                              ceed.
                                                              STATEMENTS OF ALBA ALEMÁN, CHIEF EXECUTIVE OFFICER
                                                               AND FOUNDER, CITIZANT, INC.; LYNN ANN CASEY, CHIEF EX-
                                                               ECUTIVE OFFICER AND FOUNDER, ARC ASPICIO; VICTOR
                                                               HOLT, CHIEF EXECUTIVE OFFICER AND FOUNDER, V-TECH
                                                               SOLUTIONS, INC.; SOPHIA TONG, CHIEF EXECUTIVE OFFI-
                                                               CER AND FOUNDER, T AND T CONSULTING SERVICES, INC.

                                                                                           STATEMENT OF ALBA ALEMÁN
                                                                Ms. ALEMÁN. Good morning, Chairman Mfume, Ranking Mem-
                                                              ber Salazar, and Members of the House Small Business Committee,
                                                              Subcommittee on Contracting and Infrastructure. Thank you for
                                                              the opportunity to speak with you today about the topic of Category
                                                              Management.
                                                                My name is Alba Alemán, and I am the founder and CEO of
                                                              Citizant, Inc., a small government services firm based in Chantilly,
                                                              Virginia. We employ nearly 200 professionals who support federal
                                                              agencies in 27 states. I am an active Member of the Women’s
                                                              Chamber of Commerce and serve on their Category Management
                                                              Task Force. Citizant has been in business since 1999 and we have
                                                              weathered many storms—Y2K, 9-11, Katrina, numerous govern-




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                                                              ment shutdowns, continuing resolutions, administration and policy
                                                              changes, and the Budget Control Act of 2011. Through all of these
                                                              national emergencies and disruptions, we have diligently continued
                                                              to serve important missions at the IRS, Department of Defense,
                                                              Department of Homeland Security, and the Department of Justice,
                                                              just to name a few.
                                                                 The purpose of my testimony today is to share my first-hand in-
                                                              sights about the detrimental impact that Category Management is
                                                              having on the small business supplier base. Category Management
                                                              has disproportionally stripped small, minority, and woman-owned
                                                              businesses from access to federal contracts. It is responsible for the
                                                              erosion of 30 percent of my own business in the last 2 years. It has
                                                              widened the gap between small and large contractors to the det-
                                                              riment of our economy and has reduced the availability of innova-
                                                              tive cost-effective solutions for our government.
                                                                 Recent executive orders introduced a concept called ‘‘Tiered
                                                              Spending’’ under which federal procurement departments are
                                                              forced to use a small handful of government-wide contract vehicles,
                                                              Best-in-Class contract vehicles. These BICs, like Alliant 2, VETS 2,
                                                              and OASIS, account for hundreds of billions of dollars of spend
                                                              among very small groups of prequalified contractors. And of these
                                                              vehicles, only VETS 2 and OASIS provide a swimlane for a handful
                                                              of small, minority, and women-owned businesses.
                                                                 Category Management and Tiered Spending rules create signifi-
                                                              cant problems for small businesses. Whereas large contractors have
                                                              the experience and credentials to qualify for nearly every single
                                                              BIC, small businesses are hard-pressed to qualify for even one.
                                                              Competing for these BIC contracts requires a small business to
                                                              have already spent hundreds of thousands of dollars on certifi-
                                                              cations, have tens of millions of dollars in prior contracts, and meet
                                                              dozens of other requirements that only the largest businesses
                                                              would ever have.
                                                                 Here is a sobering statistic. Only .0001 percent of small busi-
                                                              nesses—that is, 1 in 100,000—have access to 100 percent of the
                                                              BIC spending. And these ‘‘small businesses’’ are not small by most
                                                              industry standards. They sometimes have $100 million in revenue,
                                                              have been around for decades, and have thousands of employees.
                                                              Of the tens of thousands of small businesses who might want to
                                                              pursue a BIC contract, only a few dozen will ever receive an award.
                                                              The small businesses that do not earn a seat at the table in a BIC
                                                              contract are effectively barred from competing during the 10-year
                                                              life of that contract.
                                                                 At the end of the day, the steering of government spending to
                                                              large businesses results in a loss of millions of small business jobs.
                                                              Large businesses are offshoring many of the jobs won on govern-
                                                              ment contracts including BICs. With a concentration of contracting
                                                              in the hands of fewer, larger businesses, the government loses the
                                                              benefit of competition to lower prices. Furthermore, when large
                                                              businesses subcontract to small companies, they mark up our serv-
                                                              ices by 25 to 40 percent without additional value to the govern-
                                                              ment.
                                                                 Innovation is stifled. And let’s face it, most of the innovation in
                                                              today’s economy comes from small businesses and entrepreneurs.
                                                              And the hollowing out of small businesses in our industrial sup-




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                                                              plier base creates National Security risks in countless industry sec-
                                                              tors.
                                                                 As an immigrant, I am not deterred by hard work or challenging
                                                              times. I view it as my honor and responsibility to shoulder and pro-
                                                              tect the future of a vibrant, small business ecosystem in the U.S.
                                                              And I am encouraged by the protections for small businesses in-
                                                              cluded in the National Defense Authorization Act, including exemp-
                                                              tions from Category Management for small business in all socio
                                                              economic categories. Provisions like these are absolutely essential
                                                              to protecting the viability of America’s small business contractors
                                                              who have already been pressed to their limits.
                                                                 I am immensely grateful for the opportunity to address this Sub-
                                                              committee and for the work that you do to preserve diversity and
                                                              inclusion in our federal government supplier base.
                                                                 I will gladly answer any questions. Thank you so very much.
                                                                 Chairman MFUME. Thank you very, very much, Ms. Alemán.
                                                              We appreciate your testimony.
                                                                 Ms. Casey, you are now recognized for 5 minutes.
                                                                                      STATEMENT OF LYNN ANN CASEY
                                                                 Ms. CASEY. Chairman Mfume, Ranking Member Salazar, and
                                                              Members of the Committee. Thank you for the invitation.
                                                                 My name is Lynn Ann Casey. I am the founder and CEO of Arc
                                                              Aspicio, a woman-owned small business that has provided innova-
                                                              tive professional services to the federal government since 2008.
                                                                 I am also a Member of the Board of Directors of the Professional
                                                              Services Council and work often with other small businesses who
                                                              serve the federal government and this topic is of particular impor-
                                                              tance to me.
                                                                 Category Management is an urgent issue for my company and
                                                              other small businesses since it is contributing to the trend of de-
                                                              creasing the small business supplier base and running counter to
                                                              the purpose of the Small Business Act.
                                                                 In my testimony, I plan to offer some ideas and potential solu-
                                                              tions to help grow the supplier base. All of my remarks refer to
                                                              professional services rather than any items or products.
                                                                 While Category Management does help increase procurement ef-
                                                              ficiencies, our company has seen it reduce the number of small
                                                              businesses and the number of opportunities that are available for
                                                              companies like mine to compete on. This in turn reduces innovation
                                                              that small businesses bring.
                                                                 In terms of the challenges of Category Management, we have
                                                              been competing as a subcontractor and a prime contractor with the
                                                              federal government for 13 years who are very experienced. We have
                                                              been on several Category Management Best-in-Class vehicles, and
                                                              despite our extensive experience and exceptional performance, we
                                                              have only won one of those. And that is after spending hundreds
                                                              of thousands of dollars.
                                                                 We are also a mentor to another small business in a Small Busi-
                                                              ness Administration Mentor Protégé program under an 8(a) pro-
                                                              gram. So both Arc Aspicio and our protégé, which are very different
                                                              in the stages of maturity in our company, have seen a significant
                                                              reduction in the number and size, as well as the scope of opportuni-
                                                              ties for us available to compete and pursue competitively. We love




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                                                              hard work and we love to compete. We just want the opportunity
                                                              to compete.
                                                                 Many new and recompete contract opportunities for Arc Aspicio
                                                              have moved to Best-in-Class contract vehicles where we were not
                                                              a prime contractor and therefore, could not pursue the work.
                                                                 Agencies have raised significant concerns about not being able to
                                                              allow their incumbent small businesses to bid for their recompetes
                                                              competitively. Allowing small businesses to recompete on follow-on
                                                              contracts after successfully delivering to the government should be
                                                              a regular practice in small businesses. And yet, Category Manage-
                                                              ment does not allow this competition and it prohibits innovation,
                                                              competition, and it does not allow for continuous improvement.
                                                                 In addition to fewer opportunities to pursue, it is very difficult
                                                              for small businesses to compete and win Tier 3 BIC contracts. You
                                                              have to have hundreds of thousands of dollars’ worth of certifi-
                                                              cations and these BIC contracts often disproportionately favor
                                                              small businesses who have extensive experience and certifications
                                                              with the Department of Defense.
                                                                 And yet, many other departments outside of DoD use these vehi-
                                                              cles but they cannot get access to their current small business con-
                                                              tractors. As a result, there are fewer small businesses, there is less
                                                              competition, and while the revenue to small businesses may be in-
                                                              creasing, it is to a much smaller base of small businesses. So ulti-
                                                              mately, very small businesses are getting acquired or are just drop-
                                                              ping out of the market and we are dramatically reducing the small
                                                              business supplier base.
                                                                 There are four potential ideas that I suggest and provide addi-
                                                              tional information in my written testimony. I would encourage the
                                                              Committee to explore looking at Category Management for Spend
                                                              Under Management (SUM) and exempting small business goals
                                                              from the Spend Under Management to expand the opportunities for
                                                              set-aside contracts.
                                                                 Legislation to increase simplified acquisition thresholds from
                                                              $250,000 to $1 million or more is another idea. Considering legisla-
                                                              tion or policy to allow the GSA Multiple Award Schedules for pro-
                                                              fessional services contracts to be a BIC is another solution.
                                                                 Thank you so much for the opportunity to testify today and I
                                                              welcome further questions on my testimony. Thank you to the
                                                              Committee.
                                                                 Chairman MFUME. Thank you very much, Ms. Casey. We appre-
                                                              ciate your testimony.
                                                                 Mr. Holt, you are now recognized for 5 minutes.
                                                                                           STATEMENT OF VICTOR HOLT
                                                                Mr. HOLT. Thank you, Chair Mfume, Ranking Member Salazar,
                                                              and Members of the Subcommittee. Thank you for the invitation to
                                                              testify today.
                                                                I am Victor P. Holt, president and CEO of V-Tech Solutions, Inc.
                                                              As a minority veteran-owned HUBZone firm, we provide health,
                                                              technology, and professional services. We most recently celebrated
                                                              our 21st anniversary.
                                                                Today, I testify as the Vice Chair of the HUBZone Contractors
                                                              National Council. The Council is a nonprofit trade association that
                                                              provides information and support for companies and individuals in-




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                                                              terested in the HUBZone program. The HUBZone program pro-
                                                              vides economic assistance to historically underutilized business
                                                              zones by awarding federal contracts to HUBZone companies that
                                                              operate and employ workers who live in designated HUBZone
                                                              tracts. We would like to thank the Committee for its commitment
                                                              and support of small government contracting businesses. We also
                                                              thank you for highlighting the topic of Category Management.
                                                                This is a topic that the Council continues to be concerned about.
                                                              Council Chair, Shirley Bailey testified in 2018 before the Com-
                                                              mittee on this topic. Today, we are here again facing the same
                                                              bleak outlook as 2018. The cause for concern remains simple—
                                                              small business access to government contracts.
                                                                Small businesses are the engine that fuels the American econ-
                                                              omy. We bring growth, innovation, and employment opportunities.
                                                              We embody the promise, hope, and future of our country. However,
                                                              substantial challenges and barriers still exist. The Council con-
                                                              tinues to believe that Best-in-Class contracts create enormous bar-
                                                              riers for small businesses. As the government moves away from di-
                                                              rect award contracts, business opportunities decrease for the small
                                                              business community. The large buying contracts used in Category
                                                              Management require substantial resources to bid and win. These
                                                              contract requirements keep small businesses from competing. This
                                                              includes stringent past performance or other requirements that are
                                                              impossible for a small business to beat.
                                                                Subcontracting comes with its own challenges as well. This in-
                                                              cludes small margins and often alignment with a large or mid-size
                                                              prime based solely on cost. BIC vehicles also have a crippling effect
                                                              on small business competitive opportunities. Approximately 25,000
                                                              small businesses provide IT services to the government, but for the
                                                              OASIS Small Business Pool 1, only 30 slots are available. Addition-
                                                              ally, some Best-in-Class vehicles do not have on ramps. This re-
                                                              stricts the opportunities for future on ramping for small businesses.
                                                              Hence, shutting us out from high dollar contract opportunities.
                                                                According to Bloomberg Government, IT spending represented
                                                              more than half of the Best-in-Class market in FY20 with the Best-
                                                              in-Class spending goal of FY21 at approximately $48.4 billion. With
                                                              a large portion of IT spending going through these Best-in-Class
                                                              contracts, winning a recompete or direct award may be even more
                                                              challenging than before.
                                                                Category Management, when applied to broad acquisitions, does
                                                              not consider that innovation provides incredible value. Best-in-
                                                              Class should not resemble lowest price technically acceptable. We
                                                              hope the government does not mistake lowest cost for best value.
                                                                As to popularity of utilizing Best-in-Class contracts increases,
                                                              HUBZones and other small businesses have pure opportunities to
                                                              compete. In fact, the government has never met its goal to obligate
                                                              3 percent of the eligible prime contract dollars to the HUBZone
                                                              community. This represents 23 years of missed opportunities and
                                                              unawarded dollars to HUBZone companies that can train, employ,
                                                              and mentor constituents within your HUBZone tracts.
                                                                No one would disagree with the goals of efficient government by
                                                              and saving taxpayer money. However, we believe Category Man-
                                                              agement comes at a cost. It can restrict the ability of small busi-
                                                              nesses to grow through federal contracts. The Council urges the




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                                                              Committee to exercise its authority to ensure the government’s pro-
                                                              curement policies, specifically Category Management, utilize small
                                                              businesses.
                                                                I thank you for the opportunity to speak today and look forward
                                                              to engaging in continued dialogue.
                                                                Chairman MFUME. Thank you very much, Mr. Holt. We appre-
                                                              ciate your testimony. We will be back to you, obviously.
                                                                Ms. Tong, you are now recognized for 5 minutes. Please proceed.
                                                                                           STATEMENT OF SOPHIA TONG
                                                                Ms. TONG. Chairman Mfume, Ranking Member Salazar, and
                                                              Members of the Subcommittee, I thank you for the opportunity to
                                                              testify before you today. My name is Sophia Tong. I am founder
                                                              and CEO of T and T Consulting Services, Inc. (T&T). We are lo-
                                                              cated in Falls Church, Virginia. T&T is a woman-owned small busi-
                                                              ness. We specialize in providing strategic IT solutions to the federal
                                                              government that allow them to successfully achieve their mission
                                                              objectives on time and within budget.
                                                                I am testifying today on behalf of the Montgomery County Cham-
                                                              ber of Commerce (MCCC) in Montgomery County, Maryland.
                                                                Today’s topic is very important for the small business contracting
                                                              community. The impact of Category Management is increasingly
                                                              evident in my industry and affecting our company. Agencies are
                                                              bundling contracts that were previously performed successfully by
                                                              small businesses, rolling them into large contracts and awarding
                                                              them to large businesses. The outcome of this action is killing
                                                              small suppliers like ours. There are countless examples of this in
                                                              the IT field.
                                                                For example, in August of this year, the Defense Health Agency
                                                              (DHA) awarded a large business a single award 10-year, $2 billion
                                                              blanket purchase agreement (BPA) to support the Military Health
                                                              System’s Enterprise IT Services Integrator requirement. By taking
                                                              this work and bundling it into a massive single award contract, a
                                                              monopoly is created, allowing the large business to control (and
                                                              raise) prices on the worked performed for the government. Large
                                                              businesses always claim there is no harm to the small business
                                                              supplier base as contract consolidation happens, because they will
                                                              hire the small businesses as subcontractors.
                                                                However, the fact is large firms often take substantial cuts.
                                                              Small businesses are usually given unrealistically low rates and it
                                                              makes it difficult to meet requirements, recruit, and retain re-
                                                              sources—the margins are too thin. Additionally, small business lost
                                                              the close relationship we had with the government client when we
                                                              were prime and now we have become subcontractors.
                                                                Another example, large businesses also use high rates they re-
                                                              ceive from the government to steal the workforce from small busi-
                                                              nesses. There are numerous instances where Members of my team
                                                              have been hired by large business that were awarded my previous
                                                              contract, all due to the consolidation efforts. Unfortunately, my ex-
                                                              perience is that government clients are unable to help in resolving
                                                              those disputes.
                                                                And the third one, primes have also bullied small businesses,
                                                              leveraging their existing network and relationships with govern-
                                                              ment clients to try to steal contracts from successfully performing




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                                                              smalls. For example, we received a sole source contract to create
                                                              a minimum viable product (MVP) for an organization under DHA.
                                                              The contract is still ongoing, and the customers are very satisfied
                                                              with our performance. But, because the contract is very important
                                                              and could potentially become a very large contract, we were con-
                                                              tacted by many large businesses wanting to be a part of this effort.
                                                              One of them is Google. When Google found out we were not able
                                                              to bring them on the team, Google wrote a ‘‘letter of concern’’ to
                                                              DHA complaining that DHA awarded this contract to a small busi-
                                                              ness. This type of behavior is common and increasingly concerning.
                                                                 Although we have grown to a larger small business, newer and
                                                              smaller entrants are particularly hard-hit with Category Manage-
                                                              ment. Even for mature, well-established small businesses with a di-
                                                              verse portfolio, like us, contract bundling and consolidation is hurt-
                                                              ing these businesses. The cost of getting on a Best-in-Class contract
                                                              is substantial and requires significant investments just to get a
                                                              slot. Category Management continues to shift an increasing num-
                                                              ber of dollars to large contract vehicles. Additionally, Category
                                                              Management has accelerated a decline in diversity of vendors with
                                                              large dollar amounts held only by a few companies.
                                                                 The Chamber applauds inclusion of provision in the FY2022
                                                              NDAA by the Committee to combat the effects of Category Manage-
                                                              ment and any future bundling strategies. MCCC also understands
                                                              additional factors are contributing to the supplier base decline, in
                                                              addition to Category Management: increasing transparency and ac-
                                                              countability in subcontracting, as well as increasing R&D invest-
                                                              ment to maintaining and growing the small business supplier base.
                                                                 In conclusion, small businesses are asking for equity, a fair
                                                              chance to compete for contracts. We are asking for actions from
                                                              this Committee to change the trajectory of contract consolidation
                                                              which in our view creates opportunities for large businesses but re-
                                                              sults in fewer opportunities for a small business like us. We need
                                                              your help and appreciate the opportunity to bring these issues be-
                                                              fore you today. Thank you.
                                                                 Chairman MFUME. Thank you very much, Ms. Tong.
                                                                 We are going to begin our questioning in just a minute. I want
                                                              to again thank all of the witnesses. I know you have much more
                                                              to say and hopefully you will get that opportunity as we go around
                                                              the table so to speak and have Members join in with questions.
                                                                 I will now recognize myself for 5 minutes.
                                                                 Ms. Alemán, I would like to really just start with you. We all
                                                              know that the ultimate goal of Category Management is to increase
                                                              efficiencies and to decrease duplication and things that harm the
                                                              process. And yet, what we see as we have all heard today and
                                                              which many of you have given in your testimonies, has been an ad-
                                                              verse effect on small businesses.
                                                                 Now, I know some of you, and I want to come to you in just a
                                                              moment, had some specific suggestions, but Ms. Alemán, what do
                                                              you think we can do to strike the right balance as the Congress
                                                              with oversight between the goals of Category Management and en-
                                                              suring that we still have a robust small business base?
                                                                 Ms. ALEMÁN. Thank you. I think that the actions already taken
                                                              in the house version of the National Defense Authorization Act al-
                                                              ready addresses some of the important topics that we have been




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                                                              testifying on. For example, an amendment to the Small Business
                                                              Act included in the NDA states that all contracts awarded under
                                                              the relevant sections of the Small Business Act will be classified as
                                                              Tier 0. In essence, they will not be aligned to Category Manage-
                                                              ment principles and not be required to be enforced under Category
                                                              Management rules. And it further stipulates that these Tier 0 con-
                                                              tracts shall not be included in metrics related to Category Manage-
                                                              ment rules and that federal agencies shall not re-classify Tier 0
                                                              contracts to Tier 1, 2, or 3 without approval from the SBA adminis-
                                                              trator. This is a really important step to preventing future small
                                                              business awards from being rolled up into massive procurements
                                                              for large businesses as is currently being done with several of our
                                                              own task orders at the IRS.
                                                                 As a metrics person, as a person who lives for numbers, I can
                                                              tell you that people will do what they are measured against. If you
                                                              measure them against what percentages they do in each of these
                                                              tiers, and Tier 0 is not an option for them, guess what? They are
                                                              not going to use Tier 0.
                                                                 Chairman MFUME. Okay. Ms. Casey, you were specific in your
                                                              written testimony. You have four recommendations. Is it fair to as-
                                                              sume that all of these recommendations that you listed are still
                                                              very much needed and necessary? And if you would, could you kind
                                                              of prioritize them and let the Committee know what is the most
                                                              important or the second most important issue?
                                                                 Ms. CASEY. Yes, of course. As Ms. Alemán just said, the number
                                                              one item would be to consider the language that allows small busi-
                                                              nesses and small business to be considered in Category Manage-
                                                              ment such that they would not get count against the metrics. And
                                                              so that would allow more small businesses to compete. So I agree
                                                              with that recommendation. And if that cannot be done, considering
                                                              that for professional services contracts, considering the GSA sched-
                                                              ules which are very successful for both new entrants and current
                                                              small businesses to win prime contracts should be considered be-
                                                              cause they are competitively awarded under GSA. And so they
                                                              should be considered under Category Management.
                                                                 I would also strongly consider that you look at not only current
                                                              SBA increases in small business size standards but future in-
                                                              creases that keep the small business supplier base very healthy or
                                                              very important.
                                                                 Chairman MFUME. Okay. I am going to quickly go to you, Mr.
                                                              Holt. You talked specifically about loss of competition, smaller mar-
                                                              gins. I think I also heard you say that someone from your firm or
                                                              that you associated with came before a similar hearing back in
                                                              2018 and that nothing has changed in many respects. Any specific
                                                              ideas? You have heard both Ms. Alemán and Ms. Casey. What are
                                                              your thoughts on what we can do and should do to be able to turn
                                                              this around?
                                                                 Mr. HOLT. I echo what they say as far as more language as it
                                                              relates to the NDA for inclusion. One of the biggest challenges that
                                                              we face as small businesses, especially as it relates to Category
                                                              Management, Best-in-Class type contracts as a subcontractor is
                                                              playing with very, very razor thin margins where we are asked to
                                                              do a lot with a little. And it is sort of like sometimes just going
                                                              down the line to whatever company will sign up for that.




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                                                                 So what we are looking at is how do we hold these primes that
                                                              we work with more accountable, understanding their pricing struc-
                                                              ture that you see on the procurement side and being able to say
                                                              this is fair and justified what they are doing with their small busi-
                                                              nesses, that small businesses will be able to perform. There will
                                                              not be any false starts on onboarding a small business, a subcon-
                                                              tractor in getting underway and showing good service delivery to
                                                              the federal government.
                                                                 Chairman MFUME. Thank you very much, Mr. Holt.
                                                                 Ms. Tong, I do not have any time left so I will try to hold off my
                                                              comments and questions for our next round. But thank you very
                                                              much for your patience.
                                                                 As I said, my time is expired, so the Ranking Member, Ms. Sala-
                                                              zar of Florida, is now recognized for 5 minutes.
                                                                 Ms. SALAZAR. Thank you, Mr. Chairman. And thank you to all
                                                              the witnesses.
                                                                 I wanted to start with Ms. Tong. You mentioned, you said two
                                                              key words. That you were being bullied and that Google had writ-
                                                              ten a letter to an agency which I am sorry that I did not—maybe
                                                              I did not write the name correctly and I wanted you to expand on
                                                              the bullying situation. Who has been bullying you? And number
                                                              two, if you could expand on that initiative taken by Google, and to
                                                              what agency and what did the letter contain? Thank you, Ms.
                                                              Tong.
                                                                 Ms. TONG. Thank you for the opportunity to talk about this
                                                              issue.
                                                                 Yes, it was Google, the giant. This is a very important initiative
                                                              taken by DHA for an organization called Joint Pathology Center.
                                                              So DHA had conducted initiatives before and identified the solu-
                                                              tions they want for this effort. And we were picked to be the inte-
                                                              grator for this work. So Google called us and said we have talked
                                                              to the executive in DHA and they like our solution. So I told them
                                                              the solution was picked by DHA. All we have to do is to follow the
                                                              instruction they want and put together the team to perform this
                                                              work. So I told them. I said I will try to help them look for the fu-
                                                              ture but I just cannot take them to the team. So Google turned
                                                              around and sent a letter of concern to DHA complaining that why
                                                              did DHA award this contract to an 8(a) company? I do not know
                                                              the details of the letter because it was directly sent to a lawyer of
                                                              DHA. All I know is that the customer asked us what we had dis-
                                                              closed to Google, which I did not because we signed an NDA.
                                                                 This is a very——
                                                                 Ms. SALAZAR. So you signed an NDA but nonetheless, Google
                                                              had the information that it should have not had?
                                                                 Ms. TONG. They got the information—and also, I think they
                                                              know something from their connection in the network in DHA. So
                                                              they come to me.
                                                                 Ms. SALAZAR. Oh.
                                                                 Ms. TONG. I just tell them I cannot tell them.
                                                                 Ms. SALAZAR. DHA is working for Google then?
                                                                 Ms. TONG. They did not get that for the effort. So this is the
                                                              way that DHA find out what could be possible solutions out there
                                                              for them. And then based on their response, they will decide what




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                                                              are the solutions they would like to use for this effort. So Google
                                                              participated but was not selected.
                                                                 Ms. SALAZAR. All right. And besides what you just described as
                                                              Google’s way of conducting itself against your interests, what other
                                                              bullying incidents have you felt or have you experienced in the last
                                                              while conducting your business as a small business owner?
                                                                 Ms. TONG. So I have another contract as an example. We cre-
                                                              ated software that was very successful at the regional level. I was
                                                              able to convince the CIO to bring it to enterprise-wide and they are
                                                              very happy about it and would support this idea. But unfortu-
                                                              nately, they were told by the contracting and one of the organiza-
                                                              tions that managed the money, they told them, they say, no, we
                                                              cannot have more contracts. And I cannot say it is bullying but I
                                                              think they have connections with the large businesses. So the
                                                              award actually got pushed through a large business vehicle and it
                                                              is not even an IT contract vehicle. So our customer told them, say
                                                              we are the ones who create software and they were hoping that
                                                              they could leverage us for this effort. But the large business just
                                                              turned around and used the money to hire our people.
                                                                 Ms. SALAZAR. All right. Very, very insightful information that
                                                              I am sure our Chairman is understanding that we definitely need
                                                              to do something about this and continue protecting people like you
                                                              all over the country that are being stolen not only their intellectual
                                                              property but their employees, people that you have invested time
                                                              and effort and energy into training for now to be then just stolen
                                                              away by the bigger guy.
                                                                 Thank you. I think that my time is coming to an end. I will get
                                                              back to you in the second round. Thank you very much for sharing
                                                              that with us. I am sure that is not an experience that you have
                                                              only felt. I am sure there are thousands of other small business
                                                              owners all over the country that are experiencing the same thing.
                                                              Thank you, Ms. Tong.
                                                                 Ms. TONG. Thank you.
                                                                 Chairman MFUME. Thank you. The gentlewoman’s time is ex-
                                                              pired.
                                                                 The Chair recognizes the gentleman from New Jersey, Mr. Kim
                                                              for 5 minutes.
                                                                 Mr. KIM. Thank you, Mr. Chair. I really appreciate it.
                                                                 Mr. Holt, I wanted to start with you. In your testimony, you
                                                              noted that ‘‘with larger contracts being utilized by the federal gov-
                                                              ernment, subcontracting is more important than ever.’’ You identi-
                                                              fied better oversight of prime contractors’ compliance with subcon-
                                                              tracting plans as one solution. I have a legislation I am trying to
                                                              put forward called the Put Our Neighbors to Work Act, which was
                                                              also included in the House passed—which would require upcoming
                                                              DoD subcontracting opportunities to be posted publicly so local
                                                              small businesses have a better chance to compete.
                                                                 One thing that we have come across that we feel like has been
                                                              helpful, for instance, are the procurement technical assistance cen-
                                                              ters (PTACs), like the one at the New Jersey Institute of Tech-
                                                              nology, which provides one-on-one counseling to help small busi-
                                                              nesses become subcontractors.
                                                                 I wanted to ask your thoughts. What other strategies should we
                                                              be using to get more small businesses started in contracting? Be-




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                                                              cause trying to figure out how to demystify the process and help
                                                              them understand what might be feasible. So I wanted to see if you
                                                              had other thoughts about the PTACs or about other opportunities.
                                                                 Mr. HOLT. We happen to work with the PTAC, specifically DC
                                                              PTAC. And they are a great resource for what we have been able
                                                              to do and they have been instrumental with our growth as it re-
                                                              lates to having entry points into federal government introductions
                                                              as well as understanding certain programs that are out there. So
                                                              I would definitely push the PTAC as one of those resources for you.
                                                                 In addition, the Putting Our Neighbors to Work, when you said
                                                              that I smiled because I always think of our neighbors as many dif-
                                                              ferent neighborhoods but me, as a HUBZone company, that is
                                                              something that I really embrace and the HUBZone Council em-
                                                              braces that where we are always looking at how do we get subcon-
                                                              tracting and prime opportunities put into the HUBZone arena.
                                                                 HUBZone companies, and I say this probably more than anyone,
                                                              knows how to find these individuals, these neighbors that you
                                                              speak of that we can identify, train, employ, coach, and mentor
                                                              along their career journey and get them into gainful employment.
                                                              Currently, I have about 120 employees in Alabama with the major-
                                                              ity of them, 80 percent plus of them are in HUBZone communities.
                                                              And so when I think about that, working with various local agen-
                                                              cies, the Department of Employment Services, working with
                                                              PTACs, working with veteran organizations who they are always
                                                              looking at how do we find our returning heroes and our warfighters
                                                              employment. So those are some that come to mind.
                                                                 Mr. KIM. Yeah, thank you. I appreciate that, Mr. Holt.
                                                                 I wanted to just open this up for anyone who might want to re-
                                                              spond. But another issue that I keep hearing over and over again
                                                              is about how small businesses often have fewer resources than
                                                              larger businesses in terms of navigating red tape and the bureauc-
                                                              racy that comes with contracting with federal gvernment. And that
                                                              obviously creates these barriers to entry for many qualified small
                                                              businesses from the very start. So I wanted to ask if any one of
                                                              you had any thoughts about whether or not there were targeted re-
                                                              forms that could be made to administrative burdens that would
                                                              allow accessibility for small businesses to enter the market and
                                                              whether or not you have any thoughts or some concrete thoughts
                                                              here about what it is that we can do.
                                                                 So I will just kind of open that up if anybody has any thoughts
                                                              here.
                                                                 Mr. HOLT. I will speak up real quickly. The HUBZone program
                                                              has never met its 3 percent goal requirements since inception, 23
                                                              years. There is a lot that can be done there. And I would offer to
                                                              work with you on that. The HUBZone Council would offer to work
                                                              with you on that.
                                                                 Mr. KIM. Ms. Tong?
                                                                 Ms. TONG. Yeah. I would like to suggest can we remove the J&A
                                                              requirement for HUBZone, women-owned and SDVOSB sole
                                                              source? Because right now, every time we try to do sole source for
                                                              those three categories, the contracting officer refuses to do so be-
                                                              cause it has to go through the lawyer for legal review and it takes
                                                              a long time. So even though we have the FAR saying that we are




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                                                              allowed to get a sole source but no one is doing that. Or very few
                                                              of them.
                                                                 Mr. KIM. Great. Thank you.
                                                                 Mr. Chair, I yield back.
                                                                 Chairman MFUME. Thank you very much. The gentleman yields
                                                              back.
                                                                 The Chair recognizes Mr. Stauber, the gentleman from Min-
                                                              nesota, for 5 minutes.
                                                                 Mr. STAUBER. Thank you very much, Mr. Chair. And thanks to
                                                              all the witnesses.
                                                                 This is for anyone on the panel. What hurdles must small busi-
                                                              nesses, particularly new small businesses that are just starting out
                                                              in the federal marketplace have to overcome to successfully partici-
                                                              pate in government contracts under Category Management? This is
                                                              for anybody on the panel.
                                                                 Ms. CASEY. I am happy to take that, Mr. Stauber.
                                                                 Gosh, to be a small business entry in the market and telling the
                                                              federal government is almost impossible. So to actually even learn
                                                              about all of the contract peoples and the experience that you need
                                                              to start applying for those contracts, it starts as a subcontractor.
                                                              So you need to find out opportunities to subcontract. But then you
                                                              need opportunities to prime contract. And there are fewer and
                                                              fewer opportunities to prime contract on GSA schedules than there
                                                              used to be. The GSA schedules used to provide a great opportunity
                                                              to subcontract to get you ready to bid on things like a GWAC or
                                                              a Best-in-Class vehicle. And so allowing more opportunities on the
                                                              schedules so that small businesses can get the prime contract expe-
                                                              rience they need to then be a credible prime for the Best-in-Class
                                                              vehicles is a critical pathway and very important.
                                                                 Mr. STAUBER. Thank you very much.
                                                                 Is there anybody else on the panel that would like to tackle that
                                                              question or have comments on the question?
                                                                 Ms. TONG. From my experience I found was very helpful for the
                                                              new entrants. They can enter into a Joint Venture with a larger
                                                              company and then through the large company they can get sole
                                                              source contracts or they can get subcontract opportunities to help
                                                              them to get started. That is how I helped my protégés.
                                                                 Mr. STAUBER. Thank you very much.
                                                                 And Ms. Alemán, did you want to respond?
                                                                 Ms. ALEMÁN. So the thing that I am look for today is the oppor-
                                                              tunity to create opportunities for small emerging companies. So one
                                                              of those is through mentorships. Historically, and we benefitted
                                                              from large businesses under the Department of Defense’s Mentor-
                                                              Protégé program. And SAIC at that time was our mentor. We
                                                              learned so much. They helped us with our certifications. But the
                                                              DoD Mentor-Protégé program funds those large businesses. Pro-
                                                              vides dollars for them to have staff to help us. So they are incented
                                                              to. That does not exist in the civilian space. So for those that are
                                                              working civilian, there is no funding for that. And quite frankly, as
                                                              a mentor to other small businesses in the Women’s Chamber of
                                                              Commerce, I find that our smalls are larger smalls, like the ones
                                                              represented here today, make better mentors to the small smalls
                                                              than the big companies because we get them. We are there every
                                                              Saturday and Sunday writing the proposal. We can hit each other




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                                                              up on Teams. We are talking 24/7. We understand the world they
                                                              are living in and we are still facing some of those challenges. So
                                                              we are closer to the fire and we have a better shot at really helping
                                                              them. So providing funding for mentors would be ideal.
                                                                 Mr. STAUBER. Thank you very much.
                                                                 Mr. Chair, how much time do I have left?
                                                                 Chairman MFUME. Let’s see. It looks like you have got a minute
                                                              and one second.
                                                                 Mr. STAUBER. Okay. You know, I think that the cost savings
                                                              for taxpayers, it is absolutely laudable. But it is clear that Cat-
                                                              egory Management is and has a punishing effect on some of our
                                                              small businesses. And so I would ask any of the panelists real
                                                              quick, what suggestions do you have to make our federal market-
                                                              place more accessible for small business participation? And just
                                                              give me one or two quick examples all three of you with the time
                                                              remaining. Thank you.
                                                                 Ms. CASEY. I would suggest mandating that all of the agencies
                                                              use a forecast system to project out what their requirements are so
                                                              small businesses can pursue both subcontracting and prime oppor-
                                                              tunities and that is not consistent across agencies.
                                                                 Mr. STAUBER. Thank you.
                                                                 Sophia?
                                                                 Ms. TONG. So I would suggest to stop counting by the quota of
                                                              the sole source and set aside for small businesses for the Category
                                                              Management. And increase more sole source, more small business
                                                              set aside for us.
                                                                 Mr. STAUBER. Thank you.
                                                                 Ms. Alemán, real quick.
                                                                 Ms. ALEMÁN. Yeah. So for BICs like Alliant 2 that got canceled
                                                              for the small businesses, they only offered 80 seats at the table for
                                                              the 400 small business bidders. Percentage-wise, the 50 larges that
                                                              got it out of the 80 that bid does not make any sense. And why
                                                              GSA stuck to their ground on 80 when they had the opportunity
                                                              through the federal procurement process and the protest process to
                                                              increase the ceiling to 120 and they refused. They just canceled it
                                                              and they essentially locked out small businesses from that BIC ve-
                                                              hicle forever because they canceled the procurement. It is only open
                                                              for the larges.
                                                                 Mr. STAUBER. Well, thank you very much.
                                                                 Back to you, Mr. Chair. Thank you.
                                                                 Chairman MFUME. Thank you. The gentleman from Minnesota
                                                              yields back.
                                                                 The Chair recognizes the gentleman from Pennsylvania, Mr.
                                                              Meuser, for 5 minutes.
                                                                 Mr. MEUSER. Thank you, Mr. Chairman. Thank you to our wit-
                                                              nesses very much. This is quite an important hearing. I have many
                                                              small businesses in my district throughout Pennsylvania going
                                                              through much of what you are all discussing and revealing. And it
                                                              is appreciated. And it matters. So hopefully we can take this infor-
                                                              mation and do something with it. That is what our role should be.
                                                              Oversight but also effectuate some improvements.
                                                                 And Mr. Stauber’s last question on what we can do for you to
                                                              make contracting more accessible, efficient, transparent is a key
                                                              question here. So I noted that well.




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                                                                I would ask Lynn Ann Casey, in your original testimony or your
                                                              testimony here losing contracts, you have lost contracts, or all of
                                                              you have difficulty retaining contracts due to changes in class re-
                                                              quirements. And sometimes that happens sort of late in the game
                                                              or during the contracting process. Can you illustrate that a little
                                                              more and tell us, that just sounds like a very challenging situation
                                                              should a contract requirement change late in the game.
                                                                Ms. CASEY. Yes. Often we find out, we would like to compete
                                                              on a contract. We want to do that fairly. We are not asking to be
                                                              rewarded a contract without a competition. But we are finding out
                                                              later and later that our agencies are at the very end moving our
                                                              recompetes to these Best-in-Class vehicles without even clearly
                                                              communicating that to us. So we do not know where those opportu-
                                                              nities are going sometimes and we have to scramble at the last
                                                              minute to become a subcontractor to someone who is on those vehi-
                                                              cles. And that has happened to us multiple times, mostly because
                                                              of the department and agency-level procurement policies that re-
                                                              quire mandatory use for vehicles and for Category Management ve-
                                                              hicles. And so often we see those switching vehicles all the time so
                                                              we cannot even track them. We have had multiple contracts go to
                                                              large business instead of small on Category Management or to just
                                                              go onto a Category Management where we are not a prime con-
                                                              tractor and it does not happen all the time.
                                                                Mr. MEUSER. Is it explained to you why that occurs? Like the
                                                              agent that you are working with, they explain to you anything?
                                                                Ms. CASEY. No. Actually, at the department level, they will not
                                                              even publish what their policy is so we only find out about it by
                                                              talking to a contracting officer who says very little. They say they
                                                              cannot share a copy of the policy with us and they would like to
                                                              get an exception for the policy but they actually are afraid to put
                                                              their neck out and go talk to a fair exception process in their agen-
                                                              cies and they really do not have the information to explain it. They
                                                              just have to blindly follow the policy from their agencies.
                                                                Mr. MEUSER. Mr. Holt, does this seem like a fair process to
                                                              you?
                                                                Mr. HOLT. No, it is not. And it is a process that I have been af-
                                                              fected by. We had a Best-in-Class vehicle be a Stars 2—where we
                                                              were doing cybersecurity work with the Navy and there was a con-
                                                              tract that we enjoyed for almost 8 years. When the option period
                                                              was coming up they took it down to the wire. They did put it on
                                                              the street. There was no recompete and that week we were in-
                                                              formed that the small business work was no longer needed and I
                                                              saw 75 percent of my team absorbed in a prime who was already
                                                              doing work with that program office and they just took them on.
                                                              So, this is something that has affected us personally. And what
                                                              that did, that hit us, that was worth about $2.8 million a year in
                                                              revenue that walked out the door.
                                                                Mr. MEUSER. Okay. I am glad to hear this. Sorry it occurred,
                                                              but glad to hear it.
                                                                I want to change subjects a little bit and ask about vaccine guid-
                                                              ance for federal contractors, both from those who provide product
                                                              and service. Have you in your view received guidance that is to go
                                                              into effect by December 8th, clear, understandable, comprehendible




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                                                              guidance on what type of vaccines or level of vaccination and all
                                                              that your employees must have in order to keep your contracts?
                                                                 Ms. ALEMÁN. So we have already published a policy for our em-
                                                              ployees regarding that and provided them with timelines, options,
                                                              the path for obtaining legitimate exemptions. We have engaged
                                                              once the Executive Order was signed, within 2 weeks we engaged
                                                              legal counsel to develop how we would roll that out into our organi-
                                                              zation. We have been on all-hands calls with our employees. Every-
                                                              one that is vaccinated has uploaded their vaccine cards to a private
                                                              HR portal. And there are folks that will not get vaccinated that are
                                                              not exempt and they know that their last day with us will be De-
                                                              cember 8th.
                                                                 Mr. MEUSER. Okay. And I yield back, Mr. Chairman.
                                                                 I will say though that I do hear from many small businesses that
                                                              have federal contracts that they do not understand clearly the vac-
                                                              cine requirements which they want to abide by but they do not
                                                              have the precise requirements.
                                                                 I yield back. Thank you.
                                                                 Chairman MFUME. Thank you very much. The gentleman from
                                                              Pennsylvania yields back.
                                                                 The Chair recognizes the gentleman from Wisconsin, Mr. Fitz-
                                                              gerald, for 5 minutes.
                                                                 Mr. FITZGERALD. Thank you, Mr. Chairman.
                                                                 As somebody that was a former small business owner and a vet-
                                                              eran, you know, a lot of the questions today kind of nibble on the
                                                              edges of what is the big frustration. And it is the same today as
                                                              I think it has been for many years and that is having the technical
                                                              assistance available to navigate the federal system. And I know
                                                              personally, and I think if you talk to specifically a couple of indus-
                                                              tries, for the most part the sector, light manufacturing or certainly,
                                                              I was very familiar with the printing industry. And if you want a
                                                              federal contract, you either need to hire out professional services
                                                              that can navigate the federal system and the technical aspects of
                                                              all the specs that need to be met, or you need to hire somebody
                                                              that is full-time on staff that can work and navigate, like I said,
                                                              the entire system. So that is a frustration that has existed for
                                                              many years.
                                                                 I would just say there is a couple of different angles I think that
                                                              could be helpful, and I would like maybe Ms. Tong could comment
                                                              on this and Mr. Holt for sure. If there were larger contractors that
                                                              were granted kind of a larger scope of what they could enter into
                                                              or what they could actually bid on and then the ancillary smaller
                                                              businesses, whether it is a tool and die shop down the street or cer-
                                                              tainly transportation services, if there was some way of enhancing
                                                              the synergy between those two entities, do you think that would be
                                                              helpful? Because that seems to be still missing out there in this
                                                              whole discussion. And I would offer that to Ms. Tong first.
                                                                 Ms. TONG. Thank you. So I think the challenge for us to work-
                                                              ing with large businesses actually, they take a big cut on pass
                                                              through when they give it to us which makes it difficult for us. Yes,
                                                              they constantly engage small businesses but they just did not give
                                                              us the good rate to recruit talents to be able to have margin or to
                                                              work efficiently. And like us, T&T, we actually have like 15 con-
                                                              tract vehicles. We are able to bid and we see all the opportunities.




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                                                              But challenge is more like some of the opportunities get consoli-
                                                              dated, become a super huge contract and it is just not something
                                                              small business or even midsize companies can bid. That is the
                                                              main issue.
                                                                 Mr. FITZGERALD. Mr. Holt, do you have any comment on that?
                                                                 Mr. HOLT. Yes, sir. We actually have played on both sides of the
                                                              field. Right now we are working with a large, coming up on a year,
                                                              it has been a very enjoyable, enjoyable opportunity where they
                                                              have given us custodial responsibility for the services that we de-
                                                              liver with the appropriate rates. And that is an anomaly. That is
                                                              usually not the norm. And what the norm is is that depending on
                                                              the health and the needs of the prime, a lot of times when the task
                                                              order comes up for renewal or a recompete, they are going to ask
                                                              you to lower your rate. They are going to ask you how do you lower
                                                              your rate? And we have had it happen at mid-contract before
                                                              where I call it the bullying effect where the prime will come and
                                                              say, hey, is there any room? We need you to go down by X percent.
                                                              And, you know, we have held our ground on some and we have had
                                                              opportunities where we just have to walk away because we could
                                                              not do the business. So, you know, if there was a way to have more
                                                              compliance as it relates to the prime and how the government
                                                              looked into how they treated their subcontractors, I think it would
                                                              go a long way as it relates to compliance and oversight and ensur-
                                                              ing proper revenue shift as far as the pricing that is being pushed
                                                              down to us.
                                                                 Mr. FITZGERALD. Very good. Thank you. Thank you.
                                                                 In the limited amount of time that I have left, I just wanted to
                                                              touch on something that Congressman Meuser brought up earlier
                                                              and that is, Mr. Chairman, I think there is kind of a storm brewing
                                                              out there on the vaccination. There are so many different tentacles
                                                              that are kind of reaching in to the smaller businesses that do work
                                                              or are associated with specific types of sectors, whether they utilize
                                                              the U.S. Mail or they may have obviously DoD ties. And you know,
                                                              what was presented I think by the Biden Administration as some-
                                                              thing that was only going to affect corporations with 100 employees
                                                              or more, we are starting to hear, I am back in the district, that this
                                                              is reaching down much further than that and I would hope that
                                                              this Committee would use its voice to make sure we reach out to
                                                              the administration and make them aware of that because, like I
                                                              said, I think it is a storm that is brewing that could become a big
                                                              problem down the road.
                                                                 So, and I would yield back. Thank you, Mr. Chair.
                                                                 Chairman MFUME. The gentleman from Wisconsin yields back.
                                                              The gentleman’s points are well taken and I will share them with
                                                              the larger Committee on Small Business that might want to pursue
                                                              that going forward.
                                                                 We are going to pursue a second round of questioning and I will
                                                              recognize myself for 5 minutes.
                                                                 Can any of you or all of you talk to the fact about whether or
                                                              not you were not allowed to recompete at some point in time on a
                                                              contract and what was that like and how did you make out? Any-
                                                              one?
                                                                 Ms. CASEY. I can speak to that, Mr. Mfume.




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                                                                 Over the past 3 years, we have not been allowed to recompete
                                                              on at least seven different contracts worth probably well over $15
                                                              million of work where we were getting exceptional ratings from the
                                                              government on our performance. So it is really significantly affect-
                                                              ing us. It has been many, many contracts. What ultimately ends
                                                              up happening——
                                                                 Mr. FITZGERALD. I am going to have to jump off now, so.
                                                                 Chairman MFUME. Okay. So you will skip the second round?
                                                                 Ms. CASEY. What ends up happening is we have to give up the
                                                              work and then our people who are doing work at that agency then
                                                              get hired by either the large contractor or the company on Category
                                                              Management that run the work. So it is hurting our long-term
                                                              workforce and it is hurting our long-term revenue, and it is places
                                                              where we were doing excellent performance. I am sure my fellow
                                                              panelists have seen similar things.
                                                                 Chairman MFUME. And was there any effort to move you into
                                                              a Best-in-Class situation?
                                                                 Ms. CASEY. Yes. Most of those were because they were moving
                                                              it from say a GSA schedule to a Best-in-Class vehicle or they were
                                                              moving it from a department-wide vehicle into a Best-in-Class vehi-
                                                              cle. So, yes, it was because of Category Management and Best-in-
                                                              Class.
                                                                 Chairman MFUME. Now, I have heard the term ‘‘bullying’’ a
                                                              couple times today and it is interesting because I think what I am
                                                              really hearing is something that Mr. Holt referenced earlier and
                                                              that is the way primes treat subs and that there is apparently a
                                                              lack of best practices or a lack of guidelines. I mean, we put in
                                                              place a number of guidelines. If you are a prime in order to get a
                                                              sub you must do this, you must do that. There are a number of
                                                              things that have to be complied with.
                                                                 Mr. Holt, am I talking out of school? Are you suggesting here
                                                              that there ought to be some sort of standards that we can put in
                                                              place even if we do it through report language? That would give
                                                              primes some sense that they are being watched in terms of how
                                                              they are treating subs to make sure this ‘‘bullying’’ phenomena
                                                              does not continue?
                                                                 Mr. HOLT. Yes, sir. That is exactly what I am saying.
                                                                 Chairman MFUME. And do you have any suggestions of what
                                                              those standards or guidelines should encompass?
                                                                 Mr. HOLT. I think it should be part of their service level deliv-
                                                              eries being transparent with the government, as well as being
                                                              transparent with the subs that are supporting the primes, under-
                                                              standing what the expected revenue share is up front where a lot
                                                              of times primes, they will say, hey, we want you on this particular
                                                              opportunity. Give us your pricing. Give us this. Give us that. And
                                                              when you go to talk about workshare, they do not want to have
                                                              that conversation. That is taboo. And what usually can come out
                                                              of that is that they start using us as staff augmentation as opposed
                                                              to solutionists where we can really come in and provide something
                                                              that is of value, if you will, that we can create more effect from
                                                              this, more efficiency. And on the other side of the coin is for the
                                                              primes to partner with us as opposed to just push work down to
                                                              us that they may not want to do and that the margin may not be
                                                              big enough for them to put their own employees in.




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                                                                 Chairman MFUME. Okay. My time is short.
                                                                 Ms. Tong, you had mentioned also your not so pleasant experi-
                                                              ence with Google and you heard Mr. Holt. Any suggestions you
                                                              may have also to kind of prevent that from occurring in the future?
                                                                 Ms. TONG. Yes. So I think right now, government only look at
                                                              the percentage they sub out to the sub or small business but they
                                                              never look at the financial numbers in terms of how much will the
                                                              money pass down to small business. Or do they even offer to pass
                                                              down the escalation to the subs? For some cases, we cannot ask es-
                                                              calation for rate adjustment, our rate over the year remains the
                                                              same but you know that people’s salaries are going to increase over
                                                              a year. So things like that. If government can look at more num-
                                                              bers, or even use cost plus type of contract i.e. base on what is the
                                                              actual cost they hire the sub and then they just give them incen-
                                                              tives or the profit, I think it will help so they do not have to cut
                                                              our rate in order to meet their financial goal.
                                                                 Chairman MFUME. Okay. Thank you very much. My time has
                                                              expired.
                                                                 The Chair recognizes the Ranking Member, Ms. Salazar of Flor-
                                                              ida, for 5 minutes.
                                                                 Ms. SALAZAR. Thank you, Mr. Chairman. And this goes for any
                                                              of the witnesses and any of the speakers. I would like to hear your
                                                              experiences. I have heard from some of you this term of ‘‘buying
                                                              your staff and intellectual property for pennies on the dollar.’’ I
                                                              know that Ms. Tong spoke about it but I would like to hear Ms.
                                                              Alemán or Ms. Casey, if there are any examples that you want to
                                                              share with us specifically when another bigger contractor stole
                                                              from you precious employees after you had trained them and in-
                                                              vested money, time, and energy in keeping them.
                                                                 So, Ms. Alemán or Ms. Casey or Ms. Tong. Let’s start with you,
                                                              Ms. Alemán. I am not sure if you want to share with us. Do you
                                                              have examples where we can illustrate this practice is happening
                                                              right now? Please do so.
                                                                 Ms. ALEMÁN. Yes. This is a very recent example at the IRS. We
                                                              have developed an award-winning solution for Dev Sec Ops, CICD
                                                              pipeline, onboarding, saving the IRS 27,000 to 30,000 hours a year
                                                              for the automation we have done and we have accelerated that
                                                              with a patent pending unique solution that we have actually pat-
                                                              ented and won a national and international award for. It was so
                                                              critical to their filing season that they gave us, they issued us
                                                              under the women-owned procurement preference, they issued us a
                                                              sole source contract last year to continue our work because our
                                                              large agency-wide vehicle got shut down by a BIC. And that was
                                                              full and open and it got shut down by the BICs. So they issued us
                                                              this wonderful 2-year contract, sole source, base and option. Come
                                                              September at the end of our base year, we still had an option
                                                              where they did not need to reprocure. Instead of exercising our op-
                                                              tion year which they need the support we provide, they bundled a
                                                              series of large contracts into something like a $120, $200 million
                                                              contract. So they bundled it and they said, ‘‘No, no. Everything
                                                              goes under that now. So you have got to go talk to them.’’ So we
                                                              did. We went to the prime, Maximus, who said, ‘‘Oh, no, we do not
                                                              have space for you on our team.’’ This is after award, knowing that
                                                              our work would be shut down. Then they sent us, they batted us




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                                                              over, this is the bullying part but it is almost like collusion. They
                                                              batted us over to their key subcontractor which we all know
                                                              Deloitte is not a small. So Maximus and Deloitte, both of them tell-
                                                              ing each other in the background, ‘‘no, no, no, do not hire them.’’
                                                              Meanwhile, calling every single one of our employees on that con-
                                                              tract and now the government is calling our employees. The gov-
                                                              ernment. The federal employees are calling our employees saying,
                                                              ‘‘Go, please go. We cannot shut down your work. We need it.’’ We
                                                              have been off the contract for 3 weeks and the pipeline has been
                                                              shut down.
                                                                 So I am looking forward to January when filing season kicks off
                                                              and they are not able to launch this because my employees refused
                                                              to go. So they are sitting on my bench now which is totally fine be-
                                                              cause that is on me. That is the kind of decisions we small business
                                                              owners make. We choose where our money goes. We choose to in-
                                                              vest our profits in our people. And that is why they do not leave
                                                              during a shutdown, during COVID, during contract transitions.
                                                              They do not go because of that. So that is not only predatory but
                                                              they are also positioned to steal our intellectual property.
                                                                 Ms. SALAZAR. Absolutely. This cannot happen and I thank you
                                                              very much for sharing this testimony.
                                                                 Chairman, you have been listening to this. We have got to stop
                                                              this somehow. That is what we are here for. The government can-
                                                              not be stealing away from the private sector. So thank you, Ms.
                                                              Alemán.
                                                                 I think I have a couple of more minutes. Ms. Casey, would you
                                                              like to share some of your experiences with us?
                                                                 Ms. CASEY. I, too, have had similar experiences where large
                                                              businesses have signed subcontracts with us and have given us a
                                                              workshare. Say 30 percent of the work is supposed to be performed
                                                              by Arc Aspicio. And if we are lucky, we will get 5 to 10 percent of
                                                              that revenue and nobody holds the prime accountable. And there
                                                              is no way, you know, they have a lot of lawyers and there is no
                                                              way we can kind of argue with them about standing forward with
                                                              their teaming agreements. But they use our teaming agreements to
                                                              actually win the contracts in the first place. So they say we are
                                                              going to team with Arc Aspicio. They are going to do all this work
                                                              and then afterwards they do not do that and I, too, have had simi-
                                                              lar experiences where a large prime contractor has literally taken
                                                              one of my employees, given that employee to one of the other small
                                                              businesses on the contract, and on Friday they leave us and they
                                                              say that person will not work there and on Monday they are there
                                                              working on the same contract for another small business.
                                                                 Ms. SALAZAR. Incredible.
                                                                 Ms. CASEY. Unbelievable.
                                                                 Ms. SALAZAR. Unbelievable.
                                                                 Thank you very much for sharing, both of you, and I am sure
                                                              that we will, we are going to take action into this. And thanks once
                                                              again. I have to yield back. I do not have any more time.
                                                                 Chairman MFUME. The gentlewoman yields back.
                                                                 The Chair recognizes again the gentleman from Pennsylvania,
                                                              Mr. Meuser, for 5 minutes.




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                                                                 Mr. MEUSER. Thank you again, Mr. Chairman. Thanks, every-
                                                              one, again, for all this important information. I agree with Ms.
                                                              Salazar. We certainly need to help them and act upon it.
                                                                 So in a couple of the testimonies and in the discussion that just
                                                              took place, you know, Ms. Alemán referred to as predatory Joint
                                                              Ventures between large and small firms and that has been dis-
                                                              cussed. But I want to delve into that a little bit further here where
                                                              these larger firms will set up subsidiaries or just new companies
                                                              and set up Joint Ventures. And therefore, are able to capture con-
                                                              tracts that they would not normally be able to capture. So large
                                                              companies can do that and then perhaps undercut along the way.
                                                              I mean, that is capitalism to an extent; right? I mean, if you can
                                                              do something better you are going to be able to sell it for less, but
                                                              when you are engaged in a deliberate, truly manipulative manner
                                                              that is not outlined in a contract. It does not state, hey, if you want
                                                              to get a small business contract or a minority-owned contract or a
                                                              veteran-owned contract, you cannot just set up a company with
                                                              those people as owners and therefore now you are eligible. I mean,
                                                              that is just clearly against the grain and inappropriate and should
                                                              not be done and perhaps should be illegal.
                                                                 Is that something that, now, you have all been mentioning it but
                                                              I will go to Lynn Ann Casey. Ms. Casey, is that something that
                                                              small businesses experience related to federal contracts?
                                                                 Ms. CASEY. I would say that there are certain situations where
                                                              large business prims enter into Joint Ventures. And I would call
                                                              them serial Joint Ventures where they do it over and over and
                                                              over. I think Joint Ventures are a good thing for small businesses,
                                                              especially under the mentoring programs but I would look to
                                                              maybe limit how often a large business can enter into those Joint
                                                              Ventures and whether they are serial Joint Ventures and therefore,
                                                              preventing other small businesses from benefitting.
                                                                 Mr. MEUSER. Yes. It has to be a legitimate Joint Venture, not
                                                              just a spinoff.
                                                                 Would someone else like to comment on that?
                                                                 Ms. TONG. Yeah, can I? So my situation is my mentor, they ac-
                                                              tually have so many protégés which makes our Joint Venture was
                                                              not as fruitful as I wish it would be because just with us it is a
                                                              food fight within us. So I want to echo what Ms. Casey said. Limit
                                                              the number of protégés they can have because we can only have
                                                              two mentors but they can have at a minimum three at the same
                                                              time within SBA and not to mention other agencies like DoD or
                                                              Treasury.
                                                                 Mr. MEUSER. Thank you.
                                                                 Ms. Alemán or anyone else care to comment?
                                                                 Ms. ALEMÁN. So I am a big fan of capitalism. I am a Cuban-
                                                              American immigrant. This is what my parents brought me here to
                                                              this country to do. I believe in America, freedom, the opportunities
                                                              it provides. I will live and die by that. And I can tell you that I
                                                              hear the pain in Lynn Ann and Victor and Sophia’s voice because
                                                              we have all been there. And any small business owner that you put
                                                              in front of a room and you say, oh, has this ever happened to you,
                                                              the intent of Joint Ventures is a good one. Just like Category Man-
                                                              agement. It is a good one. It is to relieve the pressure of procure-
                                                              ment offices.




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                                                                 The reason smalls, ultra-smalls, are gravitating towards them
                                                              knowing that they are still vulnerable is because they do not have
                                                              a choice. So I think it is our responsibility, mutual responsibility,
                                                              you as our elected representatives and us with a voice in our com-
                                                              munities and in the organizations we belong, to create that oppor-
                                                              tunity for them. Let’s give them the choice. Let’s give them the
                                                              choice to get work so that they can put other human beings to
                                                              work, which is what we spend our money on is other human
                                                              beings. So I just say create more opportunity. Do not shut down
                                                              capitalism. That is not what this is about. I promise you all the
                                                              small business owners I deal with and these on this call, we are
                                                              not looking for handouts. We are looking for fair competition, that
                                                              is all.
                                                                 Mr. MEUSER. Perfectly well said.
                                                                 Mr. Holt, last word? You have about 25 seconds.
                                                                 Mr. HOLT. I agree with everything that has been said. I think
                                                              Joint Ventures is a good thing when done correctly. A lot of times
                                                              we see that it can become predator where companies come together
                                                              to capitalize and create an unfair marketplace. So as long as it is
                                                              done correctly, I am 100 percent supportive.
                                                                 Mr. MEUSER. Great. Thank you.
                                                                 Mr. Chairman, I yield back. And thanks again to all of our wit-
                                                              nesses.
                                                                 Chairman MFUME. The gentleman yields back. The gentleman’s
                                                              time is expired. All time has expired.
                                                                 And on behalf of the Ranking Member, I want to thank all of our
                                                              witnesses for being here today. Your testimonies showcase the ob-
                                                              stacles and many of the frustrations that Category Management
                                                              has created for small businesses like yours across the country. And
                                                              the longer we allow these issues to persist for small firms, they will
                                                              be pushed out of the federal supplier base.
                                                                 This would be bad news, obviously, for businesses, but it would
                                                              also be bad news for our government. So I look forward to working
                                                              with Committee Members to find ways to improve our federal pro-
                                                              curement systems while ensuring abundant opportunities for all
                                                              small businesses.
                                                                 I would ask unanimous consent that Members have 5 legislative
                                                              days to submit statements and supporting materials for the record.
                                                                 And without objection, so ordered.
                                                                 And if there is no further business before the Committee, we
                                                              stand adjourned. Thank you all very much.
                                                                 [Responses to Questions by Mr. Victor Holt were not received in
                                                              a timely manner.]
                                                                 [Whereupon, at 1:34 p.m., the subcommittee was adjourned.]




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                                                                                                       APPENDIX




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