[House Hearing, 110 Congress] [From the U.S. Government Publishing Office] FULL COMMITTEE HEARING ON ARE NEW PROCUREMENT METHODS BENEFICIAL TO SMALL BUSINESS CONTRACTORS? ======================================================================= COMMITTEE ON SMALL BUSINESS UNITED STATES HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS SECOND SESSION __________ MARCH 6, 2008 __________ Serial Number 110-77 __________ Printed for the use of the Committee on Small Business Available via the World Wide Web: http://www.access.gpo.gov/congress/ house ---------- U.S. GOVERNMENT PRINTING OFFICE 39-791 PDF WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 HOUSE COMMITTEE ON SMALL BUSINESS NYDIA M. VELAZQUEZ, New York, Chairwoman HEATH SHULER, North Carolina STEVE CHABOT, Ohio, Ranking Member CHARLIE GONZALEZ, Texas ROSCOE BARTLETT, Maryland RICK LARSEN, Washington SAM GRAVES, Missouri RAUL GRIJALVA, Arizona TODD AKIN, Missouri MICHAEL MICHAUD, Maine BILL SHUSTER, Pennsylvania MELISSA BEAN, Illinois MARILYN MUSGRAVE, Colorado HENRY CUELLAR, Texas STEVE KING, Iowa DAN LIPINSKI, Illinois JEFF FORTENBERRY, Nebraska GWEN MOORE, Wisconsin LYNN WESTMORELAND, Georgia JASON ALTMIRE, Pennsylvania LOUIE GOHMERT, Texas BRUCE BRALEY, Iowa DAVID DAVIS, Tennessee YVETTE CLARKE, New York MARY FALLIN, Oklahoma BRAD ELLSWORTH, Indiana VERN BUCHANAN, Florida HANK JOHNSON, Georgia JOE SESTAK, Pennsylvania BRIAN HIGGINS, New York MAZIE HIRONO, Hawaii Michael Day, Majority Staff Director Adam Minehardt, Deputy Staff Director Tim Slattery, Chief Counsel Kevin Fitzpatrick, Minority Staff Director ______ STANDING SUBCOMMITTEES Subcommittee on Finance and Tax MELISSA BEAN, Illinois, Chairwoman RAUL GRIJALVA, Arizona VERN BUCHANAN, Florida, Ranking MICHAEL MICHAUD, Maine BILL SHUSTER, Pennsylvania BRAD ELLSWORTH, Indiana STEVE KING, Iowa HANK JOHNSON, Georgia JOE SESTAK, Pennsylvania ______ Subcommittee on Contracting and Technology BRUCE BRALEY, IOWA, Chairman HENRY CUELLAR, Texas DAVID DAVIS, Tennessee, Ranking GWEN MOORE, Wisconsin ROSCOE BARTLETT, Maryland YVETTE CLARKE, New York SAM GRAVES, Missouri JOE SESTAK, Pennsylvania TODD AKIN, Missouri MARY FALLIN, Oklahoma ......................................................... (ii) Subcommittee on Regulations, Health Care and Trade CHARLES GONZALEZ, Texas, Chairman RICK LARSEN, Washington LYNN WESTMORELAND, Georgia, DAN LIPINSKI, Illinois Ranking MELISSA BEAN, Illinois BILL SHUSTER, Pennsylvania GWEN MOORE, Wisconsin STEVE KING, Iowa JASON ALTMIRE, Pennsylvania MARILYN MUSGRAVE, Colorado JOE SESTAK, Pennsylvania MARY FALLIN, Oklahoma VERN BUCHANAN, Florida ______ Subcommittee on Urban and Rural Entrepreneurship HEATH SHULER, North Carolina, Chairman RICK LARSEN, Washington JEFF FORTENBERRY, Nebraska, MICHAEL MICHAUD, Maine Ranking GWEN MOORE, Wisconsin ROSCOE BARTLETT, Maryland YVETTE CLARKE, New York MARILYN MUSGRAVE, Colorado BRAD ELLSWORTH, Indiana DAVID DAVIS, Tennessee HANK JOHNSON, Georgia ______ Subcommittee on Investigations and Oversight JASON ALTMIRE, PENNSYLVANIA, Chairman CHARLIE GONZALEZ, Texas MARY FALLIN, Oklahoma, Ranking RAUL GRIJALVA, Arizona LYNN WESTMORELAND, Georgia (iii) C O N T E N T S ---------- OPENING STATEMENTS Page Velazquez, Hon. Nydia M.......................................... 1 Chabot, Hon. Steve............................................... 2 WITNESSES PANEL I: Denett. Honorable Paul, Administrator, Office of Federal Procurement Policy, Office of Management and Budget............ 3 Williams, Jim, Commissioner, Federal Acquisition Services, General Services Administration................................ 5 Johnson, Ron, Deputy Commanding General, U.S. Army Corps of Engineers...................................................... 7 PANEL II: Palatiello, John, Administrator, Council on Federal Procurement of Architectural and Engineering Services...................... 17 Zelenka, Anthony, President, Bertucci Contracting Corporation, on behalf of the Associated General Contractors................... 19 Salus, Arthur, President, Duluth Travel, on behalf of the Society of Government Travel Professionals............................. 21 Leazer, Mark, Director of Management Information Services, Forms & Supply, Inc., on behalf of the National Office Products Association.................................................... 23 Spotila, John, Chief Executive Officer, R3i Solutions............ 25 APPENDIX Prepared Statements: Velazquez, Hon. Nydia M.......................................... 33 Chabot, Hon. Steve............................................... 35 Altmire, Hon. Jason.............................................. 36 Denett. Honorable Paul, Administrator, Office of Federal Procurement Policy, Office of Management and Budget............ 37 Williams, Jim, Commissioner, Federal Acquisition Services, General Services Administration................................ 48 Johnson, Ron, Deputy Commanding General, U.S. Army Corps of Engineers...................................................... 55 Palatiello, John, Council on Federal Procurement of Architectural and Engineering Services....................................... 59 Zelenka, Anthony, President, Bertucci Contracting Corporation.... 79 Salus, Arthur, President, Duluth Travel, on behalf of the Society of Government Travel Professionals............................. 84 Leazer, Mark, Forms & Supply, Inc................................ 91 Spotila, John, R3i Solutions..................................... 126 Letter to Chairwoman Nydia Velazquez from Honorable Paul Denett, Administrator, Office of Federal Procurement Policy, Office of Management and Budget.......................................... 126 (v) FULL COMMITTEE HEARING ON: ARE NEW PROCUREMENT METHODS BENEFICIAL TO SMALL CONTRACTORS? ---------- Thursday, March 6, 2008 U.S. House of Representatives, Committee on Small Business, Washington, DC. The Committee met, pursuant to call, at 10:00 a.m., in Room 2360 Rayburn House Office Building, Hon. Nydia Velazquez [chairman of the Committee] presiding. Present: Representatives Velazquez, Cuellar, Johnson, Chabot, and Gohmert. OPENING STATEMENT OF CHAIRWOMAN VELAZQUEZ Chairwoman Velazquez. I call this meeting to order. This morning the Committee will continue its examination of small business' role in the federal marketplace. Today we will review the effect of emerging contracting methods which are being driven by the decline in the federal acquisition work force. Just 25 years ago, there were more than 135,000 contracting personnel. Now it has shrunk to only 85,000 staff, a decline of more than half. This has occurred while the dollar amount of contracts has increased by nearly $200 billion dollars. Clearly, something has to give, and unfortunately it is small businesses that are left out and suffer the most. The result of this dramatic shift has been more pressure on agencies to consolidate contracts and employ automatic IT driven procurement systems. People keep saying that this is easier, but for whom? Not small business; not easier for the taxpayer. It is just easier for the bureaucrat, and that should not be driving federal procurement policy. The truth is that we hear a lot about the problems of contract bundling, but the increased reliance of these new approaches is just as significant for small businesses. Many cannot even gain access to these systems, and when they do, they're forced to compete with larger firms. Similar to the big box retailers rooting the local hardware stores out of businesses, these new methods are creating an uneven playing field for small businesses. Three of the major methods that have been growing in significance are GSA Schedules, reverse auctions, and the e-travel initiative. Some of them are unproven and may only be suitable for certain types of purchases. Others create administrative nightmares that cause small businesses to incur unnecessary costs. And some of these approaches may run counter to federal law and may be providing taxpayers with a bad deal. Taken together, these new processes are creating roadblocks for small firms as they try to navigate the federal procurement system. If left unchanged, this could lead to a marketplace without the contributions of small business ingenuity and innovation. This will result in a less diverse supplier base, leaving taxpayers to pay more for less. It is important that those small businesses are not being put at a competitive disadvantage simply because of the adoption of new systems. These practices must be modified to provide greater equity and fairness to small firms. This will help ensure that government is getting the best value. After all, what good is a one dollar hammer that falls apart after its first use and then you have to purchase another one? That is not the lowest cost, and it is not the best deal for the taxpayer. With this hearing, these new procurement methods will be examined in a more systematic manner than has been done before. Each new approach should be evaluated as is done with federal regulations. What is its impact on small businesses? How will their ability to compete be affected? Going forward these questions must be asked and the pros and cons weighed before any procurement method is implemented. Small businesses are the bedrock of the economy and must be given the opportunity to compete in the federal procurement marketplace. Methods that obstruct their participation would only serve to reduce the government access to innovative goods and services. I thank all of the witnesses for being here today, and I look forward to all of your testimony. I now recognize Mr. Chabot for his opening statement. OPENING STATEMENT OF MR. CHABOT Mr. Chabot. Thank you, Madam Chair. Good morning, and thank you, Chairwoman, for holding this hearing on how well federal agencies' acquisition strategies balance the need for quick and efficient contracting with the achievement of small business goals. The agencies must implement this balance in the face of a shrinking federal workforce and increased federal spending. I would like to extend a special thanks to our witnesses who have taken the time to provide this Committee with their testimony this morning. Small businesses have been long recognized as one of the nation's most valuable economic resources and serve as seeds of innovation. Small businesses participate in all major industries and represent 50 percent of all private sector workers. In addition, small businesses employ 39 percent of high tech workers, such as scientists, engineers, and computer workers. The federal government is the single largest buyer in the world, spending over $400 billion in 2006. Until the mid-1990s, procurement rules as implemented by the Federal Acquisition Regulation, were designed around two major procurement statutes. The Competition and Contracting Act of 1984 established the rules for awards based on full and open competition, and two, the Truth in Negotiations Act of 1992 established rules for disclosure of cost information. Acquisition reform from the mid-1990s to present resulted in several changes to government-wide procurement practices. Legislative reform included the Federal Acquisition Streamlining Act of 1994, FASA, that formalized the use of large, multi-agency, indefinite delivery, indefinite quantity, ID/IQ, order contract. FASA also encouraged the use of electronic tools, like government purchase cards to improve efficiency and to insure supplies and services were acquired at a competitive fair price with timely delivery. The Service Acquisition Reform Act of 2003, SARA, established an advisory panel to review and improve acquisition laws and regulations. The SARA panel published a final report on January 2007 with 89 recommendations. We have excellent witnesses here today to provide us with insight into how well the federal agencies' acquisition strategies are structured and how to balance the need for quick and efficient contracting with the achievement of small business goals. I want to again thank you, Madam Chairwoman, for holding this hearing. I know we look forward to hearing from both panels, and I yield back the balance of my time. Chairwoman Velazquez. Thank you. And we are going to proceed with our first panel. I welcome all of you, and I thank you for your participation. Our first witness the Honorable Paul Denett. Mr. Denett is the Administrator for Federal Procurement Policy in the Office of Management and Budget. The Office of Federal Procurement Policy plays a central role in shaping the policies federal agencies use to acquire goods and services. You will have five minutes to make your presentation. STATEMENT OF THE HONORABLE PAUL DENETT, ADMINISTRATOR, OFFICE OF FEDERAL PROCUREMENT POLICY, OFFICE OF MANAGEMENT AND BUDGET Mr. Denett. Thank you. Chairwoman Velazquez, Ranking Member Chabot, and members of the Committee, I appreciate the opportunity to appear before you today to discuss small business contracting and the impact that emerging acquisition trends are having on small businesses. I have prepared written remarks that I would like the Committee to enter into the record and would like to briefly summarize them now. Chairwoman Velazquez. Without objection. Mr. Denett. Thank you. Mr. Denett. Let me say at the outset that the Office of Federal Procurement Policy is committed to providing maximum opportunities for small business in federal contracting and subcontracting. Increasing opportunities for small businesses has always been a priority for me. When I was the Senior Procurement Executive at the Department of Interior, I pursued a number of initiatives to create a small business friendly environment. Those efforts helped ensure Interior's small business contracting awards were well above the government-wide goal. In fact, Chairwoman Velazquez, I left in 2001, and I am proud that Interior is probably the only department that you ever gave an A rating to that year. So I am just letting you know I am a strong and consistent supporter of small business. Chairwoman Velazquez. I am waiting to do the same with the rest of all the federal agencies. Mr. Denett. Okay. [Laughter.] Mr. Denett. I am looking forward to teaming up with you to accomplish that. As OFPP Administrator, I have taken a number of actions to increase management attention government-wide on small business issues. Many of these actions have been taken in close partnership with SBA Administrator Steve Preston. In 2007, SBA and OFPP launched the small business procurement score card to hold agency leadership accountable for improving success in meeting small business goals. Our offices also worked together to increase the number of SBA's Procurement Center Representatives and ensure agencies have access to the assistance they need to create and develop small business opportunities. At my request, the FAR Council established the small business regulatory team to improve communications between SBA and the drafters of the Federal Acquisition Regulation during the development of rules that have a bearing on the small business community. We are making sure our workforce is proficient in small business contracting. Last year agencies evaluated their competencies in small business contracting as part of the first ever acquisition workforce skills assessment survey conducted by the Federal Acquisition Institute in collaboration with OPM and my office. Based on the results of this survey, FAI is developing new online training courses to further increase awareness of small business program requirements and improve acquisition planning to promote small business participation. In terms of emerging trends, OFPP has paid especially close attention to task and delivery order contracting, which has increased dramatically since 1990. Our goal is to make sure task and delivery order contracting is used effectively and in an open and fair manner that facilitates small business participation. We are strengthening competition rules for orders placed under multiple award contracts by requiring both a clear explanation for the basis for evaluating offers and public notice of sole source orders. Agencies continue to provide significant opportunities for small businesses on the government's most popular interagency task and delivery order contracts, the Multiple Award Schedules and the GWACs. I am pleased, for example, that GSA continues to manage a variety of GWACs set-aside exclusively for small businesses, including GWACs that are devoted to 8(a) contractors and veterans. We are making sure that efforts to leverage our purchasing power are pursued in coordination with our commitment to small businesses. In 2006, small businesses received more than $1.5 billion from contracts that DoD set up under the Administration's strategic sourcing initiative. This represents more than 41 percent of the dollars awarded by DoD under the strategic sourcing initiative that year. More recently, GSA awarded 13 blanket purchase agreements to facilitate strategic sourcing for office supplies. Eleven of the BPAs were awarded to small businesses, including 8(a) small businesses and women-owned and veteran-owned small businesses. Finally, we are recognizing exceptional achievements in our workforce, including efforts to facilitate access to small businesses. Last year Ms. Jean Todd of the Army Corps of Engineers was recognized under the SHINE Initiative for her best in class contracting to support Hurricane Katrina and Rita reconstruction efforts, which included nearly a billion dollars in subcontracts to small disadvantaged businesses and local small businesses. In short, the administration is working to ensure that the federal contracting environment allows small businesses to flourish and apply their talents to the many pressing demands facing our government. We look forward to working with this Committee in our continued pursuit of these efforts. This concludes my prepared remarks. I will be happy to answer any questions. [The prepared statement of Mr. Denett may be found in the Appendix on page 37.] Chairwoman Velazquez. Thank you, Mr. Denett. Our next witness is Mr. James Williams. He is the Commissioner of the Federal Acquisition Service. This organization has responsibility for the GSA Schedules Program. Welcome. STATEMENT OF JAMES WILLIAMS, COMMISSIONER, GENERAL SERVICES ADMINISTRATION, FEDERAL ACQUISITION SERVICES Mr. Williams. Good morning, Chairman Velazquez, Ranking Member Chabot, and members of the Committee. Thank you for inviting me here today to discuss how GSA's Federal Acquisition Service and its electronic systems support small business. GSA has been and will continue to be a good friend to the small business community. I am pleased to report on GSA's procurement methods and their positive impact on small business. My testimony will focus on how electronic, or e- systems, our processes, contract vehicles, and solutions have helped GSA strengthen the relationship with this community. Since 1995, GSA has been offering e-systems to help small businesses participate in GSA acquisition programs. E-systems increase accessibility and transparency and minimize cost to small businesses wanting to sell to the government. Simply put, GSA's e-systems help small business do business with the federal government and facilitate the connections between agency customers and small businesses. The GSA Advantage! online shopping and ordering system provides access to thousands of contractors and millions of products and services and allows customers to tailor their searches specifically for products and services provided by small business. The total amount of sales that went to small business contractors using this system has steadily increased from 49.5 percent in fiscal year 2001 to 76.5 percent in fiscal year 2007. GSA's e-Buy is an electronic RFQ/RFP system for the millions of services and products offered through GSA Schedules and GWACs. Customers can request quotations specifically from disadvantaged, veteran, service-disabled veteran, women-owned, and other small businesses. E-offer is a tool to submit online contract offers and contract modification requests to GSA, and over the last five fiscal years, small businesses have accounted for about 95 percent of all electronically submitted offers. The Schedule Input Program, or SIP, assists small companies in loading their products electronically onto GSA systems such as Advantage! and e-Buy. It is free, and it requires only basic computing equipment to use. When small businesses are transacting with federal applications, they can avoid multiple identity credentials by using the E-Authentication system, which GSA operates as an e- Gov initiative. This system offers greater accessibility for small businesses by allowing the use of a single online security identity credential, which enables millions of safe online transactions while reducing their online identity management burden. Perhaps one of the most advantageous programs that the government manages that provides access for small business owners has been the GSA Multiple Award Schedule, or "Schedules" Program, which accounts for about $36 billion annually in sales. Eighty percent of the 17,000-plus scheduled contractors are small businesses, and they receive about 37 percent of the total dollars under the Schedules Program, well above the government goal of 23 percent. The Schedules Program is advantageous for small business because it provides them with training and access to the entire government marketplace, which has led to recent annual small business sales of over $13 billion a year. Given that the Schedules Program is how most small companies get their start in the federal marketplace, it allows them to have a single market access point to sell efficiently to all federal customers and to partner with large businesses. The Schedules Program has been the best friend of small businesses. GSA also offers greater accessibility for small businesses to sell to an expanded marketplace, reaching state and local customers at no additional cost under certain allowable regulations based in law. These federal, state and local customers also have access to all of our e-systems, which allows them greater efficiencies, market access to, and tailored searches for small businesses and their procurements. In addition to electronic tools, GSA provides customers with a wide range of governmentwide acquisition vehicles, some specifically designed to provide opportunities to the small business community, including the 8(a) STARS contract vehicle, the Alliant Small Business GWAC and the VETS GWAC. In closing, we are very proud of the great results small businesses have achieved using the GSA systems and processes that maximize their opportunities and minimize their costs. However, we will continue to aggressively seek ways to build upon this successful foundation. Again, thank you for inviting me here today, and I will be glad to answer any questions you may have. [The prepared statement of Mr. Williams may be found in the Appendix on page 48.] Chairwoman Velazquez. Thank you, Mr. Williams. Our next witness is Major General Ronald L. Johnson. Major General Johnson is the Deputy Commanding General of the U.S. Army Corps of Engineers. He directs the management of 181 Army installations and a budget exceeding $8 billion. Welcome. STATEMENT OF MAJOR GENERAL RONALD L. JOHNSON, DEPUTY COMMANDING GENERAL, U.S. ARMY CORPS OF ENGINEERS General Johnson. Madam Chairwoman and members of the Committee, thank you for the opportunity to testify before you concerning the impact of the emerging procurement methods on small business contractors. Your staff has asked that you would like me to address one particular emerging procurement method that falls under the genre of e-systems, and I am going to talk about that one particular method, reverse auction. In 2004, the Army Corps of Engineers completed a pilot study on a specific procurement method called reverse auction. In 2002 in the Defense Appropriations Act, Congress provided $1.4 million to FreeMarkets, Incorporated, an e-sourcing contractor to explore reverse auctions. In conjunction with this appropriation and direction, the Corps of Engineers received the funds from the Department of Defense to analyze online markets, and we did four particular things. We conducted the pilot study to test online e-sourcing, specifically full service reverse auctioning for use by the Corps and its industry partners. We encouraged activities within the Corps to explore the potential of online reverse auctioning. We conducted training in the use of the new and emerging acquisition tool. And finally, we determined the appropriateness of augmenting our acquisition strategies and processes with reverse auctioning to improve efficiency of the acquisition process. So in 2003, we conducted the pilot program to evaluate the use of e-sourcing and see how it would apply in the complex mission of the Corps. The Corps contracted with FreeMarkets to provide reverse auction software technology and training to eight separate Corps districts, to provide two different forms of reverse auction technology training and to provide their expertise, assistance, and advice to the reverse auction process. FreeMarkets introduced a concept of reverse auctioning to the Corps and its reverse auction software tool to our pilot sites. Four contracting officers used the reverse auction process on nine individual projects, the majority of which were construction projects. We received protests on two of these projects, and one of the protests was sustained due to a problem with the reverse auction software. Through the pilot study, we found no basis for the claim that reverse auctioning provided any significant or marginal savings over the traditional contracting process for construction or construction services. Reverse auctioning has a chance to provide benefit when the commodities or manufactured goods procured possess a controlled and consistent nature with little or no variability. Construction and construction services are, by their nature, variable. Therefore, the reverse auction functionality that allows a comparison of past projects does not provide usable results for contracting officers of our construction projects. Our study also found that there is considerably more time involved in the preparation and execution of reverse auctions which increases the level of labor and project costs associated with the procurement. Labor costs are an important aspect of our project cost, and we strive to insure that they're controlled to the extent possible and appropriate. In summary, the Corps was not able to support the potential benefits of reverse auction for our construction program. While this tool may be appropriate and beneficial in more repetitive types of acquisition, we did not find it to be a useful tool for our construction program and do not utilize it today. I would like to briefly mention one other program where the Corps is utilizing lessons learned from recent experience and specifically targeting small businesses to meet our needs. The Corps under the National Response Plan Emergency Support Function number three for public works and engineering, is responsible for providing power and temporary roofing, debris removal and reduction. We have some set-aside contracts that are awarded in advance to support potential responses to future natural or manmade disasters. We recently awarded 12 contracts for temporary roofing. Of these 12 contracts, seven were awarded to 8(a) small, disadvantaged businesses, one to a HUBZone business, and one to a service disabled veteran-owned small business. If and when the services are required, we have nine small businesses to whom we can immediately turn for assistance. We are looking forward to awarding similar contracts to other small businesses. Before closing, let me update you on the Corps' Small Business Program for the last two fiscal years. The Corps has long considered the small business community an important partner in the success of its mission. Historically, the Corps has been, and continues to be, one of Department of the Army's strongest small business supporters. However, we know that we must always strive to improve, and as such, as an agency, we have a very aggressive small business goal, including the overall small business goal which is almost twice the statutory goal. Our continued commitment to successful small business partnerships will help to insure that a vibrant and robust cadre of small businesses is available and utilized in performing our mission. That concludes my opening statement. I will be happy to answer any questions you or members of your Committee have today. [The prepared statement of Major General Johnson may be found in the Appendix on page 55.] Chairwoman Velazquez. Thank you, sir. Mr. Denett, I would like to address my first question to you. In 2003 during Small Business Week, President Bush, in announcing his commitment to the small business agenda, said, and I quote, ``Wherever possible, we are going to break down large federal contracts so that small business owners get a fair shot at serving the needs of the nation.'' That was in 2003. In 2005, OMB sent a memo to all the federal agencies asking them to implement strategic sourcing. My question to you is: if the President said that we are supposed to break up large contracts, isn't strategic sourcing counter to that directive? Mr. Denett. I do not believe so. In fact, the thing we put out on strategic sourcing, we have as one of the criteria that people look at when they pursue strategic sourcing is to see the impact on small business. In fact, we want them to look at what portion of the dollars currently go to small business, and then when they do a strategic sourcing initiative, that the percentage will stay the same or improve, not go down. Thus far we have been very successful in strategic sourcing. The ones that we have initially done, in fact, have increased small business. So as long as we keep reminding people of the importance of that and that strategic sourcing is not to hurt small business, the early data that I am getting from different departments is, in fact, the small business numbers have gone up. So we are just going to have to keep reminding them of that. Chairwoman Velazquez. I am sorry. Who is telling you that the small business contracts-- Mr. Denett. On strategic sourcing? Chairwoman Velazquez. Yes. Mr. Denett. Well, you know, for example we did office supply strategic sourcing. Chairwoman Velazquez. Okay. So you are telling me that strategic sourcing does not prevent more small businesses getting a higher number of federal contracts, and that is why every year, including last fiscal year when we release our score card regarding federal procurement practices, it shows that the federal government has not accomplished small business contracting goals of 23 percent. So you are telling me that the fact that the federal government has not reached the contracting goal of 23 percent has nothing to do with strategic sourcing. Mr. Denett. I am saying strategic sourcing in most instances has helped small business. Chairwoman Velazquez. Are you telling me the number of contracts awarded to small businesses is not going down while the amount of money spent in federal contracting dollars is going up? Mr. Denett. In the strategic sourcing area, we can say that. Overall, I mean, Administrator Preston I know is working real hard to try to increase the number of dollars that are going to small business. He is utilizing a score card system which is holding agencies more accountable, to put more pressure on them to find more opportunities for small businesses. Chairwoman Velazquez. This is after the Inspector General of the SBA came out with a report that showed that $12 billion that were intending to go to small businesses went to large firms, what we call miscoded. Were you aware of that? Mr. Denett. I am aware that there was a coding problem and that Administrator Preston worked very aggressively with the departments to have them cull through their data, correct any errors that they made, so that we could have correct numbers. Chairwoman Velazquez. Okay. Thank you. In your testimony, you mentioned that you worked with the SBA Administrator to increase the number of SBA Procurement Center Representatives, PCRs. The SBA budget imposed a cap of 60 PCRs. In 1993 when the federal marketplace was half the size it is now, there were 68. Is the SBA ignoring the recommendations of OFPP? Mr. Denett. No, they are not. I asked them to increase, and that was this past year. They were going down as you have already stated, and I was concerned by that. So I pressed them to increase the number, and I am told that they, in fact, have increased the number. It is still not as large as the reference year that you were using, but they did increase it by three or four after I urged them to do so. Chairwoman Velazquez. Can you tell us if you recommended a figure, a number? Mr. Denett. I did not. I just said that it seemed to me that using the logic that you had just described, the dollars had gone up. They serve a very useful purpose. Can we not have more of them? And I am told we, in fact, do now have more of them. Chairwoman Velazquez. So you are telling me that the cap that they imposed of 60 is no longer in place; that they are going to increase that number? Mr. Denett. No, I am not saying that. I am saying that they increased the number over what they had the previous year, in part, from my urging. Chairwoman Velazquez. I want to see that. In your testimony you also mentioned that you launched the small business procurement score card in partnership with the SBA and formed a small business team within the FAR Council. Three of the agencies on the FAR Council small business team received red small business scores on the procurement score card, the lowest score, which can be interpreted as a failing grade. Do you find it ironic that the team that is supposed to help small business is not receiving a passing grade? Mr. Denett. Do you mean members of that team? Chairwoman Velazquez. Yes. The agency, that part of-- Mr. Denett. I would hope that they are just more motivated, having gotten a failing grade. Working with us on regulations, they can help come out with regulations that will foster an atmosphere to assist small business quicker. Chairwoman Velazquez. Sir, it is not for you to come here and say that you hope that they are doing, that they will do much better. Mr. Denett. Well, they will do better, but the fact that-- Chairwoman Velazquez. Because there are small businesses that are suffering due to the fact that the federal government is failing them at a time when the economy is in bad shape. We have to get the federal agencies to do better. So to issue press releases saying we are going to assemble a federal agency team to increase contracting opportunities and help small businesses, and then when I ask you about how the team that is charged with accomplishing this is composed, all of those federal agencies are getting a red score. We need some oversight from the federal government. Mr. Denett. I will give it oversight. I am looking at what the team's results are, I am told that we are now moving things that help small business faster as a result of this team. Certainly, some of the members are going to come from departments that have not had good scores, but the whole aggregate of the team, they have been given clear orders to do what they can to help small business, and that is what they are going to do. Chairwoman Velazquez. Thank you for that. Thank you. Mr. Williams, GSA claims that e-Travel help small businesses because more small firms are eligible for contracts. In 2004, before e-Travel, only 13 small businesses were eligible, and that has now increased to 34. However, an increase in the potential bidders has not correlated to an increase in business, which is the true measure of whether or not this works for small firms. In 2006, small travel agents received less than one percent of the dollar awarded on the e-Travel TSS schedule. So can you tell me how this demonstrates fair opportunity? Mr. Williams. Yes, Madam Chairwoman. In 2004, those 13 firms that received the travel agency contracts received sales of about $26 million. That was in 2004. In 2006, the 16 companies that now receive dollars under travel agency business get about $80 million. It is true what you said under the travel services schedule, the TSS, that those companies are not getting a lot of business. It is as you said. However, the $80 million that they are getting is under our e-Travel initiative. They are getting that in a subcontract role primarily. So they are getting dollars. We would like to see small businesses get more direct prime contracts from the federal government, and that is why we have the TSS schedule. Chairwoman Velazquez. So in conclusion, and I am going to recognize Mr Chabot, you are telling me that you are proud of the fact that 98.9 of the dollars went to six large corporation. Mr. Williams. No, we are not. Chairwoman Velazquez. Okay. Thank you. Mr. Williams. You are welcome. Chairwoman Velazquez. Thank you. Mr. Chabot. Mr. Chabot. Thank you, Madam Chair. Maybe I will start at this end, Major General, if that is okay. How does reverse auctioning affect small business concerns' opportunities to do business with the federal government? General Johnson. I think it does based upon my dialogue with small business owners and working with them over time; I think the way it impacts them is, you know, reverse auctioning, you think of eBay. It is the opposite of eBay. With reverse auctioning, no construction contractor is going to give the government the best price the first time. It requires an immediate response. You have to be there, right there at the screen. Small businesses really cannot afford to do that, nor do they have the wherewithal to allocate resources for someone to sit at a screen, make an immediate assessment whether it is affordable for them to make this or go into this business decision as a big business could. I do not think big businesses could do this either. Mr. Chabot. Thank you very much. Mr. Williams, GSA sent a letter to VA dated January 4, 2008, that addressed the possibility of VA implementing corrective action to a VA Office of Inspector General report that would prohibit the eligibility of a category of large and small business dealers from being placed on the VA schedule. The letter stated that the terms of delegation of authority from GSA to VA to operate the schedule program indicate that the method of supply would be governed by criteria established under GSA regulations. It further states that the issuance of procurement policies and methods necessary to implement the VA delegation are understood to be under GSA control. Is this still GSA's position? And if you know, what is the current status and when do you think that it will be resolved? Mr. Williams. Congressman, I just became familiar with this issue. The letter was sent by our Chief Acquisition Officer to the VA, telling the VA that under the delegation that we gave to the VA to do certain Schedules, the authority to set policy resides with GSA. What their IG, as I understand it, was recommending to the VA Acquisition Office was that when they enter into contracts with resellers, they could ask the reseller for information from the manufacturer in order to establish a fair and reasonable price. However, once you enter into that contract, trying to track those sales by requiring information from the manufacturer, we actually do not have privity of contract with that manufacturer, and we are afraid, first of all, that if we required that to happen, frankly, it would violate the way we should be doing business with the private sector. But more so, it would take small businesses who would not have access to that information and take them out of the reseller marketplace. So we will continue to work with the VA and with the VA IG on that. We are trying to help small business, but also to make sure as we delegate the authority for VA to do those Schedules that they do not do anything that we think violates sound Schedules policy. Mr. Chabot. Thank you. And, Mr. Denett, please explain how the strategic sourcing established by your office in 2005 insures small business participation. Mr. Denett. One of the criteria that we gave to everybody is their culling through all of the money that they spend and trying to see where it might make sense to save money for taxpayers if we buy things strategically, is they give full consideration to the impact on small business. In other words, we do not want them doing it if the net effect is negative on small business. So they do market research. They see how many companies are out there, if there is an adequate number of small businesses that can participate, and like I said, the early results are quite favorable. You know, on the GSA area, 11 of 13 office supply companies were, in fact, small businesses. Some of the early data we are getting that is some of the Defense ones that they did had 41 percent small businesses. So I am encouraged, and we have it as one of the five criteria that they have to look at before they make a decision to use strategic sourcing. Mr. Chabot. And, finally, how does technology enable agencies to increase small business concerns' opportunities to do business with the federal government? Mr. Denett. Well, electronically they can check all of the opportunities that are listed. I think it saves them the trouble of having to go and visit every procurement office. They can get access to things online. Big companies can afford to have hundreds of sales forces going around and beat the bushes and knock on doors. A lot of small businesses cannot. Most of them can get access to a computer, and through Schedules and a variety of other means, it opens up doors for them in a way that is not as labor intensive. So I think that is a plus for them. Mr. Chabot. Thank you very much. I yield back the balance of my time, Madam Chair. Chairwoman Velazquez. Mr. Cuellar. How much time? Mr. Cuellar. I think we have about eight short minutes. Let me just ask one short question, a general question. And, first of all, we appreciate what you all are doing. I know it is a difficult task, but one of the things I have seen is when I talk to the small business in, let's say, the border community, south Texas, there seems to be a disconnect. In other words, we get testimony up here saying it is working, but then when you talk to the small businesses we get a very different picture saying that it is still very different for them to do business with you all, and it is just a very different picture. Why do you think here is such a stark difference in what you all tell us and what we actually hear in our districts? Mr. Williams. I would be glad to start. I think sometimes there are misperceptions and a lack of understanding about how to do business with the federal government, and as I said before, the Schedules Program is usually the first entry place into the federal marketplace. What we provide to small businesses is training, free training. We call it Pathways to Success, not only how to get on the GSA schedule, which then really gives you a license to sell anywhere in the federal government, and in some cases selling to state and local governments, too. And in providing that training, we not only tell them how to get onto the schedule, how to fill out the application form and the process we go through, we also try to tell them how to market to the federal government so that once they get that license to sell, they can be a success. I think the federal government can be somewhat of a hard market to understand if you have never dealt with it, and we try to ease and mitigate that burden by providing this free training and doing numerous, as everybody does, numerous outreach events to small business. We love having a very broad and diverse industrial base in GSA. We consider it is part of our mission to make sure that agencies, on one hand, trying to do business with the private sector can do business in an efficient way, but can have access to small business, women-owned, HUBZone, service-disabled veterans, veteran-owned businesses, and we provide that entry point and provide it in a low cost way to small business and also train them on how to get in that door. Mr. Denett. I think expectations are high when they get Schedules. They think, ``Oh, boy, I am going to get government business.'' That just gives them the license. They have not actually won any business yet. The same across the board, not limited to Schedules. Small businesses see all of the money the federal government is spending. They want in on the activity. We want them in on the activity because they are the backbone of our country. They get all excited. They put in proposals. Well, you know, for every one that wins one, there are two or three that do not. Those are the ones that I would suspect you hear from with some regularity, the disappointment, all of the effort they put into it and not getting some immediate government business. On job fairs, we heard that loud and clear, that a lot of small businesses would come. They would participate. They would be all excited, and then they would come away with contacts and cards, but not any actual business. So we encourage agencies now to bring live requirements with them to give opportunities. In some instances, small businesses actually leave the market fairs with orders, which had never been done before. So we need to push more of that. General Johnson. I think one of the things we could do better is establish relationships and develop some trust. I think small businesses generally do not trust the federal government. They perceive that we are too bureaucratic, and we are. We have laws to follow. Unfortunately, perceptions are always true. So we have to work at that each and every day. I think you will hear some examples from some of our partners that will testify in a panel after we do and hopefully they will substantiate that we have tried to do the best we can in bringing in small businesses. The best small business example there is in the world is something that used to be called the Army Air Corps, now called the United States Army, not the United States Air Force. So they should still be a small business. I think if you look at our-- Chairwoman Velazquez. I am sorry, but I need to interrupt things. We have to go to the floor to vote. The Committee will stand in recess for about 20 minutes. [Recess.] Chairwoman Velazquez. The Committee is called back to order. Mr. Denett, the SARA panel recommended that OFPP develop best practices and strategies to unbundle contracts. That is consistent with what the General Accounting Office recommended as well. Unfortunately, this has been under review for over a year, while 34 of 51 recommendations to OFPP have already been implemented or are in the process of being implemented. Why is this one still under review? Mr. Denett. Well, we had 60 of the 89 recommendations from the SARA panel that were directed to us. So there are a lot of them. We have a staff of about 12 people. We were fortunate that we hired Laura Auletta, who was one of the managing people supporting Marcia Madsen on the SARA panel, who headed up the SARA panel. She is working very diligently. Chairwoman Velazquez. I understand that. My issue with the question is that the most critical, important issue for small businesses is precisely this one, and so my question is: why is it when we heard President Bush in 2003, who spoke about it, you are still dragging your feet on this issue? Mr. Denett. Well, we have good people working on it. It is a complex issue. We want to make sure we get the right results. We want input from industry and all of the government agencies. Chairwoman Velazquez. When do you think it is going to be implemented? Mr. Denett. I hope to have a recommendation to me within the next 60 days. Chairwoman Velazquez. And you will be submitting it to the Committee in writing? Mr. Denett. We will be glad to share with you the results. Chairwoman Velazquez. Thank you. Mr. Denett, the SARA panel recommended that bid protests be allowed for task and delivered orders in excess of $5 million. The GAO reports that OFPP disagreed with this recommendation and felt that the bid protest threshold should be higher. Why is this? Mr. Denett. On task and delivery orders, we-- Chairwoman Velazquez. In excess of five million. Mr. Denett. In excess of five million, yes. Well, we think that task and delivery orders have already gone through competition earlier when they are setting up the original contracts. When they place individual orders afterwards, we don't want to slow the process down. We want to keep it quick. We think when people have objections they should place them in the beginning when contracts are initially being awarded, not on individual task and delivery orders. Chairwoman Velazquez. Sir, aren't the legal fees that the small business will have to pay and the 20 percent success rate enough to discourage frivolous protests so that they do not slow down the process? Mr. Denett. It certainly would be a factor you would hope that would cause people not to. Unfortunately, some people still when they do not win a particular piece of business feel that in order to protect themselves that they want to file protests and go through a long, rigorous process that slows everything down and usually does not help anybody. Chairwoman Velazquez. If ID/IQ contracts are increasing and small businesses continue to receive small contracts, shouldn't they have an opportunity for a fair chance? Mr. Denett. Of course, small businesses should be given an opportunity. Chairwoman Velazquez. Major General Johnson, in a study of reverse auctions, what did the Corps find in terms of acquisition workforce issues? And will reverse auctions save on manpower? General Johnson. Madam Chairwoman, in a word, no, it will not. What we found was you need to have some contracting officer readily available to kind of, if you would, watch the screen, as well as the guy providing the service on the other side because this goes pretty quick. One of the other issues we found was the standardization of the timing of the reverse auction. The one protest we had had to do with whether the auction had ended or not. The clock on the computer at that end said it had not. The provider of the software said it had, and that is why that protest was substantiated. Chairwoman Velazquez. Mr. Denett, do you have any comments on the finding of Major General Johnson's study? Mr. Denett. I think it has a lot of merit, that there are certain commodities where reverse auctions probably will not be-- Chairwoman Velazquez. Make money? Mr. Denett. --they will not be beneficial and save money. Again, we have a work group working on that. I have told them to make sure that they keep in mind not to harm small business. I am looking forward to the results of that work group. Chairwoman Velazquez. Can you give us some examples? Mr. Denett. Well, the one that he already gave of construction, I think, is a-- Chairwoman Velazquez. But do you have one that is different than the one that he has given us? Mr. Denett. Anywhere where the requirement is not well defined. I mean, if you are buying something, you know, a pen or a supply that is well defined, we all know what it is. That is a commodity that people can reverse auction on, one would think. Anything where there is uncertainty so that there is not a level playing field, people are not bidding the same thing, that is likely to be more problematic. But, again, I am going to wait and see what the experts say. We have gathered a group of people that have been using reverse auctions, that have a lot of knowledge of it. Some are proponents of it; some do not like it, and they are working together to make a recommendation on what is the best way to implement reverse auctioning. Chairwoman Velazquez. Mr. Denett, the Brooks Act requires that more than just the price is considered when procuring architectural and engineering services. Will OFPP specifically reference the Brooks Act when it releases its findings on reverse auctions? Mr. Denett. I do not know that. I am going to wait and see what is recommended, but certainly price is just one factor, especially when you are doing things such as architect and engineering. That is a longstanding principle that we adhere to. Chairwoman Velazquez. I will recognize Mr. Chabot. Mr. Chabot. Madam Chair, I have no additional questions. I would be happy to get to the next panel. Chairwoman Velazquez. Okay. Thank you very much. This panel is dismissed. Mr. Denett. Thank you. Mr. Williams. Thank you. General Johnson. Thank you. Mr. Chabot. Thank you. Chairwoman Velazquez. Do we still have any staff from OMB? Right here, good. And GSA? And our Army Corps is here. Thank you for staying here. I just forgot to ask them to provide the names of the staff that will be staying with us. I welcome the second panel, and our first witness is Mr. John Palatiello. John Palatiello is the Administrator of the Council of Federal Procurement of Architectural and Engineering Services. The council represents companies in the architectural, engineering, and mapping industries. Welcome, sir, and you will have five minutes to make your presentation. STATEMENT OF JOHN PALATIELLO, ADMINISTRATOR, COUNCIL ON FEDERAL PROCUREMENT OF ARCHITECTURAL AND ENGINEERING SERVICES Mr. Palatiello. Thank you, Madam Chairman. Thank you for the invitation. I congratulate you on the very correct pronunciation of my name. It is not often that people do that. It took me four years to learn how to pronounce it. So I congratulate you. COFPAES is made up of the American Congress on Surveying and Mapping, the American Institute of Architects, the American Society of Civil Engineers, MAPPS, and the National Society of Professional Engineers. We have been the organization that has strongly supported the Brooks Act, which you mentioned in a question to the earlier panel, which provides for a qualifications based selection, or QBS, process for the selection of architect-engineer services. A&E services amount to about one-tenth of one percent of the life cycle costs of a project or a program, but the quality of the A&E service determines the price and the efficiency of the other 99.9 percent of what government does. That is why Congress enacted the Brooks Act in 1972, to promote competition and quality in contracting of A&E services. The Brooks Act predated the introduction of concepts that Mr. Chabot mentioned in his statement of best value and past performance in a lot of the procurement legislation that was passed in the '80s and '90s, and we like to say that we were for best value and past performance before it was cool to be for those things. QBS is simple. Agencies publicly announce their requirements for A&E services. Firms submit their qualifications, resumes of personnel, and their past projects that demonstrate their competence and qualifications for a project. The agency reviews and evaluates and interviews the firms, and then selects the firm it deems most qualified, and there is then a negotiation of a price that is fair and reasonable to the government. And as the law says, the price must be fair and reasonable to the government. And if agreement cannot be reached, the agency then moves on to a negotiation with the next ranked firm. In your letter of invitation, you asked that we comment on whether new procurement methods are beneficial to small business contractors. I believe in the old adage that if it ain't broke, don't fix it. The QBS process has stood the test of time. It has not only been federal law for 35 years, but it is in the American Bar Association model procurement code for state and local government, and over 35 states have enacted mini-Brooks Acts. It has enjoyed bipartisan support in Congress for decades. So if it ain't broke, why are agencies trying to fix it? In my written statement I have detailed several administrative threats to the Brooks Act that we believe have been not advantageous to architects, engineers, surveyors, and mapping professionals, and particularly small business. Let me highlight those concerns. First is the Office of Federal Procurement Policy and the FAR Council has for more than ten years failed to write regulations that accurately reflect the intent of Congress and the legislative history, and the body of state law which governs architecture, engineering, surveying and mapping. We actually went to federal district court to finally try to force proper rulemaking, but we were unfortunately denied based on standing. Secondly, the GSA supply schedules program for services has been a disaster for small A&E firms. I would remind you that GSA implemented its schedule contracts for A&E services without any consultation with our community. They did this unilaterally. We believe the schedules are in direct violation with the Brooks Act. As I outlined before, the Brooks Act is a qualification based selection process. The schedules process is a price based schedule. They are inherently incompatible, but for reasons I do not know, GSA will not modify the schedules based on about ten years of us asking them to do so. Madam Chairman, I have been around this community long enough to have worked with Congressman Jack Brooks on these issues. One of the overriding reasons why he wrote the Brooks Act was that he believed in competition. He believed that federal A&E contracts should not go to the biggest firms with the slickest brochures and the most effective lobbyists. Rather, there should be competition, particularly by small business. The GSA Schedule has gone back to exactly what Mr. Brooks feared: the biggest firms get on the Schedule, and as Mr. Williams said, it is then a license to sell. I would use a little different word as to what it is a license to do, but it is a license that very much disadvantages small business. Third, it has been ten years now since Congress enacted legislation authorizing the design-build process for federal construction projects. That is a project delivery method by which an agency can contract with one entity to perform both the A&E services and the construction services. Design-build was never intended to supplant the Brooks Act. We supported the legislation. It was intended to work with the Brooks Act. We believe now that there is a ten-year history it is time for Congress to evaluate whether design-build, in fact, has been a success. Is it permitting the independent oversight on the part of the designer? Is it saving time, money, and upholding quality? And is it having a negative impact on small businesses not only as prime contractors, but for specialty subcontractors, such as geotechnical engineers, land surveyors, topographic mapping firms or landscape architects who are relegated down to third or fourth tier subcontractors. Chairwoman Velazquez. Mr. Palatiello, how are you doing on time? Mr. Palatiello. Okay. I am sorry. Let me take 30 seconds if I may and just say that you hit the nail on the head in your opening statement, Madam Chairman. These are all symptoms of a larger problem, and that is the declining acquisition workforce, particularly in the A&E field. As you said, you have got more and more work going out with fewer and fewer contracting officers, and so they are being forced to try to implement these other methods, but we do not think the result has been good for the taxpayer. Thank you very much. [The prepared statement of Mr. Palatiello may be found in the Appendix on page 59.] Chairwoman Velazquez. Thank you very much, Mr. Palatiello. Our next witness is Mr. Anthony Zelenka. He is the President of Bertucci Contracting Corporation in New Orleans. Bertucci works on flood control and coastal restoration projects along the Gulf Coast. He is testifying on behalf of the Associated General Contractors. AGC is the largest and oldest national construction trade association. Welcome. STATEMENT OF ANTHONY ZELENKA, PRESIDENT, BERTUCCI CONTRACTING CORPORATION, ON BEHALF OF ASSOCIATED GENERAL CONTRACTORS Mr. Zelenka. Thank you, Chairwoman Velazquez, Ranking Member Chabot, and the distinguished members of the Committee for this opportunity to testify on AGC's documented concerns and experience with the procurement method known as reverse auctions. AGC strongly supports full and open competition for the many contracts necessary to construct improvements to real property. As the Committee considers the changing federal procurement landscape, AGC offers the following points for consideration during your evaluation of reverse auctions. Reverse auctions do not provide substantial benefits for procuring construction services. Vendors promoting reverse auctions have yet to present persuasive evidence that reverse auctions will generate savings in the procurement of construction services or will provide benefits of best value comparable to currently recognized selection procedures for construction contractors. Manufactured goods are subject to little or no variability or change in manufacture or application. Construction projects, on the other hand, are inherently variable and present immeasurable risk to contractors. We do not manufacture buildings, highways or other facilities. In fact, the construction process is fundamentally different from the manufacturing process and cannot be compared with the purchase of commodities. Reverse auctions do not guarantee lowest price. In the context of construction, AGC believes that most of the claims of savings are unproven, and that reverse auction processes may not lower the ultimate cost. A bidder has little incentive to offer his best price and subsequently may never offer his best price. Reverse auctions may encourage imprudent bidding. Reverse auctions create an environment in which bid discipline is critical, yet difficult to maintain. If competitors act rashly and bid imprudently, the results may be detrimental to everyone, including the owner, in this case the federal government. Consequently, imprudent bidding may lead to performance and financial problems for owners and successful bidders, which may have the effect of increasing the ultimate cost of construction, as well as the cost of operating and maintaining the structure. Negotiated procurements allow thorough evaluations of value. Over the past few years, owners, particular in the federal government, have recognized the value and quality of project relationships and other factors that promote greater collaboration among the owner and project team members. Reverse auctions, on the other hand, do no promote collaboration, much less communication between the owners and bidders. Rather, they have a negative effect on the relationship between buyer and seller. Sealed bidding assures that the successful bidder is responsive and responsible. Where prices is the sole determinate, the sealed bid procurement process was established to insure integrity in the award of construction contracts. Reverse auctions ignore the protections of the sealed bid procurement laws, regulations and user precedent that address these critical factors and insure the integrity of the process. Reverse auctions may contravene federal procurement laws. The Federal Acquisition Regulation and current procurement statutes reflect a clear policy of not disclosing contractor price information. Given these restrictions on contractor price disclosure in the U.S. Code and the FAR, it is unclear that any authority truly exists for the federal government to conduct reverse auction on fixed price type contracts or that current law can be interpreted to permit the practice of reverse auctions. AGC strongly recommends that the Committee encourage OMB, OFPP, and the FAR Council to closely examine the finding of the congressionally mandated reverse auction pilot program the Army Corps of Engineers issued in 2004, as was discussed earlier. The findings of the report clearly state that reverse auctions are an inappropriate tool to procure construction and construction related services. To sum up, AGC believes that where reverse auctions for construction have been studied, they have failed to provide savings. They are an unproven method for selection of construction contractors, specialty contractors, subcontractors, and suppliers. At best, reverse auctions raise significant issues for owners and construction team members for the following reasons. They do not guarantee the lowest price. They may encourage imprudent bidding. Negotiated procurements allow a more thorough evaluation of best value. Sealed bidding assures that the successful bidder is responsive and responsible, and reverse auctions may contravene federal procurement laws. Additionally, AGC is supportive SBA's regulatory recommendations to address the impact of reverse auctions on small business and to offer retainage relief for small A&E firms. Thank you for this opportunity to comment. I look forward to working with the Committee, and I will be happy to answer any questions. [The prepared statement of Mr. Zelenka may be found in the Appendix on page 79.] Chairwoman Velazquez. Thank you, Mr. Zelenka. And how I recognize Mr. Johnson for the purpose of introducing our next witness. Mr. Johnson of Georgia. Thank you, Madam Chair. I am proud to introduce today a fellow Georgian, Mr. Arthur Salus. Mr. Salus founded Duluth Travel, a service disabled, veteran-owned business, in 1993, and in the last 15 years, Duluth Travel has become a leading travel management company. In 2005 and 2006, it was named the travel agency of the year in government travel. In addition to being a successful business owner, Mr. Salus has been a strong advocate for expanded veterans opportunities in federal procurement. He is a member of the National Veteran- owned Business Association and is a small subcommittee chairman of the Society of Government Travel Professionals. Mr. Salus is also a member of Operation One Voice, which supports special operation forces by providing transportation and funding of wounded veterans and their families to and from rehabilitation facilities. He has testified on the Hill for veterans rights before the Veterans Affairs and Small Business Committees, and he is known in the local and national media as the Travelmaster, and I am pleased that he is here to share his expertise on federal procurement with the Small Business Committee today. Thank you. Chairwoman Velazquez. Welcome, sir. STATEMENT OF ARTHUR SALUS, PRESIDENT, DULUTH TRAVEL, ON BEHALF OF THE SOCIETY OF GOVERNMENT TRAVEL PROFESSIONALS Mr. Salus. Thank you, Congressman, and hooray for Georgians, right? Good morning, Madam Chairwoman, Ranking Member Chabot, and the Committee. My name is Arthur Salus, and I am pleased to talk about the impact of emerging procurement methods and small business. I am president of Duluth Travel, a small, service disabled, veteran-owned travel agency. My company is located in Atlanta, Georgia, and we have 26 employees. We have been providing travel services to state and local government agencies, corporations, and leisure travelers since 1993. I am an active member of the American Society of Travel Agents, the Society of Government Travel Professionals, and the National Veteran-owned Business Association. I have been competing for federal contracts since 2003 when I was approved by GSA, and I believe I am well qualified to testify on how government procurement methods affect small business travel agencies. The federal government has been competitively procuring travel services from the private sector since 1989. On the civilian side, federal agencies may procure travel services directly by their own efforts or use contracting vehicles designed by the General Services Administration. At one time GSA did design set-aside opportunities exclusively for small businesses. These opportunities were either federal agencies with relatively small travel budgets or were or were discrete geographical areas around the country where federal agencies had offices. Any small business who qualified for these opportunities received a copy of any travel request. There were multiple travel opportunities and multiple small businesses being awarded travel contracts around the country. This changes in 2003 when GSA implemented two new travel programs, one, the e-Travel Government, and one is the Travel Services Solutions Schedule. The e-Travel Services contract was awarded to three large corporations, ETS, Northrup Grumman, and Carlson Wagonlit Travel, to provide end-to-end travel systems to the federal agencies other than DoD. These three large corporations no only provide the technology, but provide the end-to-end services, but also can provide one stop shopping to include all services used in travel agencies and subcontractors. These three large corporations use both large and small travel agencies and subcontractors, known as imbedded travel. I receive business through a subcontractor relationship with ETS to date, but have not received any business from the other two ETS vendors. That means despite my track record of excellent past performance, I am locked out of over 66 percent of the civilian travel government business. In fact, I am here to tell you that I am unhappy to report that one of the ETS vendors refuses to answer any of my calls or e-mails. The GSA has stated that more small business are eligible to federal business contracting before ETS and TSS that includes 53 travel agencies of which 30 are small businesses. I first want to commend Tim Burke and his staff at e-Travel, GSA, for their continued efforts to bring e-Travel to the 21st Century. However, according to the information on GSA's own Web site, only ten of these small agencies reported any sales. This is less than one percent of the total sales, as, Madam Chairwoman, you quoted, going to small business travel agencies. I am probably that one percent. I believe GSA has a special role to insure small business a meaningful opportunity to compete for travel contracts. Although I am listed with two on the TSS schedule, I have not received any business from it. I was awarded a contract directly by the Department of Veterans Affairs and it is a competitive set-aside for small, service disabled veterans. The fact is that most small business travel agencies have received less business than they did before the two programs were created. Why has this occurred? Unlike prior GSO programs, the TSS schedule itself does not include any small business set-asides. The TSS schedule is merely a listing of travel agencies that has been pre-qualified by GSA much like the Yellow Pages. While many small businesses are listed, few are chosen as there is no requirement from a federal agency to offer each of the vendors an opportunity to bid. Without discrete set-aside opportunities, small businesses receive less consideration and less business. GSA is urged to include set-asides in the schedules for travel services. We are only asking that we have direct and meaningful opportunities to compete. To sum up my testimony, I would like to recommend the following: that GSA implement acquisition alternatives for small business set-asides; and, number two, create a voluntary, independent, my suggestion, panel made up of persons from each of the following agencies: GSA, GAO, SBA and OMB, a staff member from this Committee, and members of the small business sector. This panel could also look outside the federal government at those large corporations who have government contracts who do not use small business in their work. Please let me go back and spread the word from the Committee saying that you understand the plight of small businesses. I appreciate your time this morning, and I will be glad to answer any questions. [The prepared statement of Mr. Salus may be found in the Appendix on page 84.] Chairwoman Velazquez. Thank you, Mr. Salus. Our next witness is Mr. Mark Leazer. He is the President of Forms & Supply, Inc., based in Charlotte, North Carolina. He is testifying on behalf of the National Office Products Alliance. The National Office Products Alliance represents companies in the office products industry. Welcome. STATEMENT OF MARK LEAZER, FORMS & SUPPLY, INC., ON BEHALF OF THE NATIONAL OFFICE PRODUCTS ALLIANCE Mr. Leazer. Thank you, Madam Chairwoman and Ranking Member Chabot and members of the Committee. My name is Mark Leazer. I am the Director of Sales Technology for Forms & Supply, Incorporated, an independent, woman-owned small business, office products, and furniture dealer located in Charlotte, North Carolina. I would like to thank you all for the opportunity to testify today. Testifying today on behalf of NOPA, the National Office Products Alliance, a not-for-profit trade association established in 1904, NOPA represents and serves more than 700 small independent dealers nationwide, along with their key suppliers. NOPA appreciates the opportunity to speak to the committee about a serious growing problem facing small office products dealers who have government business small business fronts, also known as pass-throughs. What are small business fronts? Today I would like to concentrate on the small business pass-through problem which we feel requires focused legislative and regulatory remedies to be addressed effectively. Just what are these pass-throughs or small business fronts? In the simplest terms, these are situations in which a large national company approaches a small business and proposes to create a partnership for the sole purpose of gaining improper access to contracts set aside for small business. It is, in effect, a small business being able to sell their socioeconomic status. Let me emphasize that these fronts are not the same thing as legitimate small business mentoring program relationships. In that case, the small firm plays a commercially useful and much larger subcontracting role. NOPA is fully in support of legitimate small business mentoring relationships. The abuses highlighted in Appendix 1 to my prepared remarks which lead to small business fronts usually occur when, number one, the small business has little or no prior experience as a reseller of office products, particularly to government customers and little or no ability to itself support such business. Two, the large company performs most or all of the selling, order management, customer service, product delivery and invoice and payments processing behind the scenes on behalf of the pass-through dealer partner. Three, the small business performs few, if any, commercially useful functions once the contract award is made beyond providing an entry point through its Web site to the full operating infrastructure of the large corporation. And, fourth, the small business typically receives a commission for its willingness to serve as the front for this business, which is passed through to the large corporation. Let's now look at the negative impact of fronts on small business and government. The known direct loss of federal business experienced by legitimate small, independent dealers already totals tens of millions of dollars annually, and these losses are growing. Conservatively, these losses have reached more than $100 million per year on a national basis, including federal and state government contracts. Government also is harmed as competition declines when independent dealers are excluded and large national chains and their small business fronts are awarded the business under false pretenses. GSA and many federal agencies are working to help legitimate small businesses expand business with them, and we heard that from the testimony earlier today from Panel 1. The inclusion of small dealers in the Army blanket purchase agreement for office products in a recent 19-agency strategic sourcing contract award that includes small businesses are positive signals, and we appreciate that. But even those contract awards appear to include some potential small business pass-throughs as well as legitimate independent small businesses. We encourage the Committee to review recent state contracting developments as outlined in our prepared statement. They are enlightening to many of the harmful practices that are occurring. What do we as NOPA feel should be done to address this situation? We feel that federal legislation is essential to end small business fronts. NOPA and its members greatly appreciate the exceptional efforts of this Committee to assist small businesses in our industry and others, but more focused legislation is needed to address the small business fronts problem. Specifically NOPA asks this Committee to work with us to develop legislation to, number one, establish stricter bid evaluation criteria to insure that federal contracts set aside for small businesses are not awarded to companies that play only minimal roles in servicing such contracts. Two, require federal agencies to insure that all bidders on small business set-aside contracts fully disclose and certify the functional roles they will play in contract fulfillment. Three, require each federal agency to report annually to the appropriate Committees of jurisdiction in the House and Senate regarding their implementation of these provisions to end the use of small business fronts in federal contracting. Four, establish meaningful penalties for companies found in violation of the proposed new legislative and FAR provisions aimed at elimination of fronts. On behalf of NOPA, I thank you for the opportunity to testify before this Committee today about one of the most damaging and unfair contracting practices that often prevents independent office products small dealers from competing on a level playing field for federal government business. I will be happy to answer any questions that the Committee may have. [The prepared statement of Mr. Leazer may be found in the Appendix on page 91.] Chairwoman Velazquez. Thank you very much, Mr. Leazer. Our next witness is Mr. John Spotila. He is the Chief Executive Officer and President of R3i Solutions, LLC, a management consulting firm in Fairfax, Virginia. He also serves as Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget. Welcome. STATEMENT OF JOHN SPOTILA, CHIEF EXECUTIVE OFFICER, R3i SOLUTIONS Mr. Spotila. Thank you. Chairwoman Velazquez and Ranking Member Chabot and members of the Committee, for all of us who know that small business is the engine that drives our economy, getting federal procurement to help small business deserves attention. I understand the good intentions and logic of those who helped create procurement reform. Unfortunately, that reform has not been sensitive enough to small business needs. Nor has the government done enough to make its procurement system efficient and transparent. For many small business owners, federal procurement is a very difficult environment. Reform led to staff reductions that have left offices with too few people to do the work. Much of that staff is inexperienced and poorly trained. Procedures are complex and not well understood. Decisions take too long and are communicated in documents filled with boilerplate and legalese. The small business owner feels like an inconvenience at best. With reduced staffing, most procurement offices focus on fighting off alligators, not draining the swamp. Too often they do not fix their processes, and they do not try to communicate clearly. Large firms that assign people to work with the procurement offices full time navigate the maze better than small firms that cannot afford such full-time help. So the lack of streamlining and clear communication becomes a competitive advantage for larger firms. There are other problems as well. Agencies combine a wide range of minimally related tasks into larger contracts to get more dollars out the door with a single action. This makes it harder for small firms to demonstrate broad enough capability to qualify as primes for the large awards. They do not have the diverse capability that only a large firm would have. I understand why procurement offices do what they do in this regard. I am just concerned about the unintended consequences. I doubt very much that we can reverse this trend towards aggregated contracts. It is worth trying, but any victories will probably be on the margins. We can do something else positive, however. We can turn procurement offices into centers of process improvement and plain language communication. If we streamline the way procurement offices operate and get them to communicate clearly, small firms will benefit tremendously. Plain language communication is the place to start. It is cost effective, achievable, and of real value to small contractors. In the procurement area, legalese and obscure language are dead weights that drag small firms down. They cannot afford expensive advisors to reinterpret confusing government communication. They need to be able to understand things the first time they read them. Congressman Braley from this Committee has introduced a bill, H.R. 3548, the Plain Language in Government Communications Act, that would require federal agencies to use plain language in any new or revised documents relating to benefits or services. If it becomes law, it will make the procurement world much more understandable to small contractors. Procurement forms will become less obscure, procurement procedures more transparent. This will not fix all that is wrong with our procurement system, but it is not a bad place to start, and I commend Congressman Braley for his vision in introducing this bill. Plain language is language the intended reader can understand and use on one reading. It is audience focused. The most important rule in plain language, indeed, perhaps the only rule, is to be clear to your intended reader. You did not mention, but when I was General Counsel at the SBA in the mid-'90s, I led a ten month effort in which career employees rewrote all of SBA's regulations in plain language. It was a tremendous success. In the White House, I helped implement President Clinton's executive memorandum on plain language, making OMB review part of the solution rather than part of the problem. Plain language works whenever and wherever we try it, and with Congressman Braley's bill, perhaps the government will try it in more places. Process improvement is the second step we should take. Streamlining how procurement offices operate would pay large dividends for small business. When the government cut back on its procurement staff, it failed to reexamine how procurement offices should run their operations. Instead of applying best practices in process transformation and project management, agencies largely left their procurement offices to flounder. Now they struggle with cumbersome processes, useless complexity, poor training, inefficient use of resources, and understandably poor morale. No wonder decisions take forever and small businesses fall victim. It does not have to be this way. Our career government employees are a terrific resource. They just need leadership and support. We know how to fix sad sack offices. There are a host of examples where the government has improved its processes and delivered better results for less money. If we do the same with procurement, the effort will more than pay for itself and both small contractors and the American taxpayer will benefit tremendously from the result. Madam Chairwoman and Ranking Member Chabot, I commend you and the Committee for shining a light on this topic. You are absolutely right that government can do a better job in this area. It just needs a Congressional push now and then to get back on track. Thank you, and I would be happy to answer any questions you may have. [The prepared statement of Mr. Spotila may be found in the Appendix on page 126.] Chairwoman Velazquez. Thank you very much, Mr. Spotila. Mr. Zelenka, I would like to address my first question to you. I understand that the Army Corps has been increasing its use of indefinite delivery, indefinite quality, or ID/IQ, contracts rather than traditional sealed bids for construction work. How does this affect the construction industry, particularly small companies? Mr. Zelenka. The biggest problem that I face with an ID/IQ contract is you just do not know how much work you are ultimately going to get. So as a small business, you have a very set amount of resources, and you have to set them aside so in case you get the call to start performing, and it makes it difficult to go out and procure other contracts during that duration. The second big problem is the bonding. You post a bond, and sometimes they want the bond for the full amount, and most small businesses have limited bonding ability. So it ties up your capacity that way, both equipment that you have to have at the ready and bonding that gets tied up for work that you may never do. Chairwoman Velazquez. Thank you. Mr. Salus, GSA says that small businesses can participate in e-Travel by being listed on the TSS Schedule. What is the process for getting onto the Schedule, and do small businesses have the resources? Mr. Salus. Madam Chairwoman, yes, the resources are there. Small business can do the business, can do the e-Travel work. However, in our case, we only have two ways of doing travel for the government. One is either using one of the three large corporations, and if you remember my testimony I said that I am doing work with one of them. So therefore, 66 percent of my business is not there. I am losing that business. And remember when I am talking about myself, I am talking about other small travel agencies, too. But to be on the TSS Schedule, it is a listing to be on the TSS Schedule. The GSA schedule is a little bit more involved. You have to be approved by GSA, but even though you are approved by GSA does not guarantee you any work. And I just want to mention something else to add to that. The federal agencies, when I said I went directly with the VA, and VA has been really gracious in working with a small service company, and we actually took it away from a large business, but I have in my hand here 40 letters that I wrote to the federal agencies, and out of the 40 agency letters that I sent, only four replies, and that is shameful, and I believe that the contracting officers of these agencies, there is not enough teeth. There is not responsibility. There are no consequences in their actions. Chairwoman Velazquez. Thank you. Mr. Spotila, you said in your testimony that it is unlikely that we can stop contract bundling, but that we can try to restructure procurement offices. How would this help address the same problems as the unbundling of contracts? Mr. Spotila. I think in part the reason that contracts are being bundled and aggregated is that procurement offices are left with a work load that they cannot handle, and they are afraid that they will not get the contracting dollars out the door, and they will be criticized for that. If we improve their processes so that procurement offices are more productive, then less bundling would happen. It takes some of the pressure off of procurement officers who may, in fact, have good intentions. Then when they are pushed to try to create more small business opportunities, they will have some capability of doing so. Now, additional staffing would help as well. Better training would help. Anything that improves productivity would help, because I think the reason that it is so difficult to stop bundling is that in these offices where people make the actual specific decisions, they are just overwhelmed, and they are just trying to survive. Chairwoman Velazquez. So given the fact that the Small Business Administration budget has been consistently cut and the fact that they impose a cap of 60 contracting officers, procurement officers, does not help. Mr. Spotila. Well, those are negative steps clearly, and I think that we have to make certain that our actions align with our words. It is not enough to say "we believe," "the SBA believes," "government believes" that small business procurement needs should be addressed. We actually have to do something about that, and I think that there has been a disconnect at times. Chairwoman Velazquez. Mr. Leazer, the office products industries are having a problem with small business pass- throughs as you mentioned in your testimony, and so I would like to ask you are there any current cases where these types of relationships have been investigated? Mr. Leazer. Yes, Madam Chair, there are. There is one particular case that we have documented in our Appendix 2, a company headquartered in Colorado called Faison that was judged by an SBA ruling out in California to be other than small. So that case is documented. Chairwoman Velazquez. I will recognize now Mr. Chabot, and I will come back and ask some more questions. Mr. Chabot. Thank you. Mr. Palatiello, how can the federal government improve its process for the acquisition of architectural and engineering services? What suggestions would you specifically make? Mr. Palatiello. We actually find the ID/IQ process to be very advantageous, and a number of agencies have very successfully implemented ID/IQs. The A&E community operates very differently than our construction friends. We are generally held to professional liability requirements and not a performance bond requirement, and it is not as capital intensive as some of the construction activities. So the problems that Mr. Zelenka identified are not the same in our community. ID/IQ has actually worked very well, and it is an opportunity for an agency, particularly when their requirement over a year or over a period of years are not well defined, they can basically do a competitive procurement and put firms on retainer and then call on them on an as needed basis. We are very glad that, for example, the USGS has done that in a memorandum of understanding with FEMA so that now in an emergency response, when you need aerial photography or mapping after a hurricane, they just activate a task order, but the contract is prepositioned. So it is a very effective way of using the service when you need it, but then not having to pay for it or pay for a procurement when you do not need it. Mr. Chabot. Thank you. Mr. Zelenka, how can bidder behavior be improved when reverse auctioning is used? Mr. Zelenka. You know, it is very difficult to police. You know, you have some inherent problems, especially when you look at it from a small business and a large business standpoint. Large business is just in much better position to sustain bigger losses that are inherent with the variables that you are dealing with in construction than small business. So it is very easy for them to look at it and cut a small business number, and if that job goes south, they can absorb the loss. So it is hard to control that behavior. Small business, on the other hand, you know, is faced with a whole different set of problems. In construction if a job goes south, you know, it is not like manufacturing where when you are doing a reverse auction, you are just cutting away at maybe potential profits and all of your costs are controlled. You can have a job go bad in our industry, in civil works in south Louisiana. A hurricane could come through. You could have some bad weather sustained over long periods and actually lose money, not profits, not overhead, but you go through that and into, you know, getting upside down on your production costs. So as you sit there, those are real risks that a small business has to weigh a lot heavier than a large business, and you know, some people will take that risk, you know, because we're driven by, you know, survival as opposed to just increasing our profits. When you are out of business and you are out of work and you are looking for business, you can be tempted to cut below what is reasonable given those weather factors, and it puts a small business at a problem, and I do not know how to control that. You know, we are kind of fighting an uphill battle at that point that a large business does not even have to consider. They could absorb those losses and move right on to the next project. Mr. Chabot. Thank you. Mr. Salus, what acquisition alternatives would you recommend to GSA that they pursue that would give small business concerns a greater opportunity to do business with the federal government for travel services? Mr. Salus. I think the simple answer is that GSA, if they will agree to implement just set-asides in their contracts; if they put set-asides in their contracts for small businesses in the e-Travel side, I think that the TMCs, as were noted, will get more business, and I believe that GSA is going to be open to this, but we have to wait and see. Mr. Chabot. Thank you. Mr. Leazer, when National Office Products Alliance or any of its members suspect the existence of a "pass-through" or "fronts," do they notify the Small Business Administration or the agency that is sponsoring the monitoring program, or what should they do? Mr. Leazer. Typically what a dealer would do or a GSA schedule holder in our industry would do is notify NOPA, the National Office Products Alliance, and typically what happens is our staff counsel will work with SBA to try to address that issue, and that has happened a number of times in the past. This case with Faison that I mentioned was one brought by a dealer in California. The dealer did protest through the proper channels, and through SBA's actual ruling on the matter, was able to determine that Faison was truly a front and did have financial ties to a large competitor, and that the relationship was solely for the purpose of gaining access to a contract that was set aside for small business. So the process is typically as follows: work through our national organization, NOPA, work through SBA, and see what can be done about it, and go through the typical protest processes that are in place. Mr. Chabot. Thank you. And then finally, Mr. Spotila, you had mentioned about the plain language communication that our colleague, Mr. Braley, has been initiating and pushing, and could you again discuss why that is such an important piece of legislation or that concept is one that we ought to pursue? Mr. Spotila. Well, I think, again, it has a very practical effect on small businesses. Much of the procurement world language, whether it be in the FAR, whether it be in contract documents, whether it be in statements of work and solicitations, is very difficult for small businesses to interpret without expensive professional advisors. So all of this builds up additional costs and additional impediments. It makes it more difficult for a small business to compete effectively, and there is no excuse for it because these things can all be fixed. If decisions are faster and communicated clearly, if expectations are communicated clearly, including statements of work, then a small business can be much more cost conscious, can control the costs of going after these contracts much more effectively, and can make fewer mistakes. And I think all of these things would help considerably. Mr. Chabot. Thank you very much, Madam Chairman. I want to thank the panel for their testimony here this morning and this afternoon now. Chairwoman Velazquez. Thank you. Mr. Zelenka, if a company makes a rash decision to try to underbid a competitor in a reverse auction and wins with an unrealistically low figure, how will this affect the government and taxpayers? Mr. Zelenka. It puts the completion of the project at risk. As a prime contractor, I will not take a subcontractor's price if I believe it is marginal. Performance is everything for my business. You know, you only get one chance to screw the jobs up. So I think the government gets in the same spot. If they take a price that they know is marginal, you know, it puts the completion of the project at risk, which then a project has inherent costs, and if you get too far below them, you know, you are going to end up with not being able to finish the job, and somebody else having to come back in, and that gets very expensive and delays the project or completion. Chairwoman Velazquez. Thank you. Mr. Palatiello, the Brooks Act requires agencies to use qualification based selection of QBS. This requires factors besides just price that are used when evaluating firms for the provision of architectural and engineering services. If any agency fails to do this, what enforcement mechanisms are in place to compel a corporation? Mr. Palatiello. They are actually rather limited, Madam Chairwoman. As Mr. Leazer indicated, we provide the same service to our members. If a firm sees a procurement that is not in full compliance with the Brooks Act, the firm will contact us, and we will try to be in touch with the agency, point out what the requirements are under the laws and regulations, but that is very voluntary on the part of the agency as to whether they want to try to work with us and make it right. The only other alternative is for the firm itself then to file a protest. We would like to see a provision. We do not have standing for protests. We are not under the definition of an interested party on behalf of our members. We think that ought to be changed and associations ought to have the right to protest, not the award, the associations do not want to get in the middle of does Company A or Company B win the contract, but in order to help make sure that the Brooks Act is properly enforced, we would like to have protest standing to do that on behalf of our member or our members so that their name is kept out of it. Chairwoman Velazquez. Thank you. Mr. Zelenka, the Office of Federal Procurement Policy conducted an online survey late last year on reverse auctions. Do you think that this was a useful method for gathering input on reverse auctions? Mr. Zelenka. I am not too familiar with the survey that they did. It would just all depend on who the target was of the survey. You know, certainly there are industries like the manufacturing industry where you are making paper clips or supplies, you know, that would give you some positive feedback on it, and there are other industries, you know, the complex service industry or a construction industry I think you had noted. So I am not sure who the target was on it. Chairwoman Velazquez. Okay. Well, do you have any other questions? I want to thank the witnesses for spending time with us this morning and providing some insightful information as to the dynamics that are going on with federal procurement practices. With that I ask unanimous consent that members will have five days to submit a statement and supporting materials for the record. Without objection, so ordered. This hearing is now adjourned. [Whereupon, at 12:18 p.m., the Committee meeting was adjourned.] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]