Howard Srebnick, Diveroli's attorney .... argued that the Pentagon knew the source of the ammunition and is deliberately misconstruing the regulations to avoid fulfilling the terms of the contract. The Defense Department has halted all shipments from AEY and suspended the company from receiving additional payments ...
An investigation by Government Executive in April showed that the company had been improperly designated as a small disadvantaged business less than a year before receiving the massive arms contract. Since that label was applied, AEY has earned more than $204 million in federal contracts.
Small Business Administration officials said they have no record of AEY ever applying for or receiving an SDB solicitation. But, in a May letter to Sen. John Kerry, D-Mass., chairman of the Senate Small Business and Entrepreneurship Committee, the agency acknowledged that AEY did classify itself as a small disadvantaged business on its certification and representation forms ...
A committee source, speaking on background, said larger questions persist, such as how the small disadvantaged business label could be mistakenly applied to dozens of contracts without it being caught by agency officials. Kerry is considering holding a hearing in the coming months about issues related to contracting oversight, including the AEY case, the source said ...
http://www.govexec.com/dailyfed/0708/070808rb1.htm