Feral Jundi

Friday, September 17, 2010

Legal News: House Passes 2010 Overseas Contractor Reform Act

    If any legal eagles out there have anything good or bad to say about this bill, by all means speak up.  I like the intent of the bill, but I just don’t know enough about the contents to really give a good assessment. For example, does this cover sub-contractors, or are there any loopholes that would still allow companies to bribe folks in some way, shape or form?  Does it really have teeth, or is it just a minor obstacle for companies and their sub-contractors to side step? For that, I will hold judgement. –Matt

Edit: 09/17/2010- POGO has chimed in on the bill and they support it.  The IPOA has been holding a conference on the Foreign Corrupt Practices Act (FCPA), which this current bill would be reinforcing. Here is what the IPOA will be discussing at this event:

2010 Legal Conference

In 1977, Congress passed the Foreign Corrupt Practices Act to further U.S. economic policy and protect the integrity of the American business system. Over thirty years later, the U.S. Department of Justice now refers to corruption as a “national security issue” that impacts U.S. efforts in places such as Iraq and Afghanistan. Other nations, such as the United Kingdom, have recently taken a much harder line on corruption. Criminal prosecutions, of both companies and individuals, are on the rise. What do these developments mean for companies operating in contingency environments? How do you address the challenges of corruption when working in failed or weak states, and how do you stay compliant with applicable laws?

Join IPOA for a one-day conference that will look at these issues, and discuss the complex intersection of corruption, national security, and contingency contracting. The conference will include panels of experts that will discuss the FCPA and other similar anti-corruption laws, their relevance on contingency operations, and the challenges of compliance. The panels also will discuss past cases and prosecutions that demonstrate the very real nature of these challenges.

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House passes bill to debar crooked contractors

By Robert Brodsky

September 16, 2010

The House unanimously passed legislation on Wednesday requiring the federal government to debar contractors caught bribing overseas government officials to win international business.

The 2010 Overseas Contractor Reform Act that Rep. Peter Welch, D-Vt., sponsored would require agencies to debar companies and individuals found in violation of the 1977 Foreign Corrupt Practices Act, and sever their existing government contracts and grants.

An agency head could issue a waiver to avoid debarring the contractor or grantee, after notifying Congress and justifying the decision.

“Contractors that bribe foreign governments have absolutely no business profiting off the American taxpayer,” Welch said. “Those who violate the rule of law undermine not only our nation’s mission and values, but also the safety of our troops.”

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Monday, June 14, 2010

Industry Talk: DoS Wants To Form A Mini-army For Iraq Security

     Well duh! It all makes sense now.  CNAS comes out with a report on contractors, fully supporting our use and the future use of contractors in our wars, and now DoS wants to form a ‘mini-army’?(well…. they’ve always had a mini-contractor army)

     And the ‘monopoly of force’ argument gets another challenge by none other than…… the US Department of State? Max Weber is rolling in his grave as we speak. lol (I had to stick that one in there…)

     I am also reminded of the scenes of Air America rescuing South Vietnamese and American civilians off of the roof top during the last days of the Vietnam War. That was a contractor air force that did that, and not a military one.  The idea here is that contractors are the filler during the dangerous stages of a draw down or build up of a war.  We can fill those gaps of operational need, and as fast as they come up.  Private industry is flexible enough to do this, and account for the surprises or worse yet, poor planning of the war.

     Even with natural disasters like the BP spill in the gulf, you must have a partnership between private and public forces in order to meet the operational requirements of the disaster.  When the feds run out of a specific resource, or let’s say a disaster has done something completely unexpected, private industry can instantly address the problem. Or in some cases, the federal government can jump in and take over where private industry is faltering.  The key to me is to find some kind of equilibrium within that war or disaster, where we reach the sweet spot of private and public partnership. –Matt

Edit: 6/14/2010- I would like to correct one of the things I mentioned in this post that one of my readers brought to my attention as partially wrong.  During the draw down stage of the Vietnam war, this was largely a military effort. So I want to emphasize that the military did most of the heavy lifting, and Air America ‘assisted’ in that process. Or in other words, it was a team effort, with the military taking the lead. Here is a run down of Operation Frequent Wind, as just one example of that process.

   Also, check this out.  The author of this article changed the title of the thing.  The content is the same.  I will bet that he got some heat for putting together this original title below. The new one says “State Dept Wants Combat Gear For Security In Iraq”.  Just a tad bit less flowery or sensationalistic than the original. lol

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BAE Caiman

This BAE Caiman is what the DoS is requesting for their security force. They want 50. They also want 24 Blackhawk Helicopters.

State wants to form a mini-army for Iraq security

By RICHARD LARDNER

June 14, 2010

WASHINGTON — The State Department is quietly forming a small army to protect diplomatic personnel in Iraq after U.S. military forces leave the country at the end of 2011, taking their firepower with them.

Department officials are asking the Pentagon to provide heavy military gear, including Black Hawk helicopters, and say they will also need substantial support from private contractors.

The shopping list demonstrates the department’s reluctance to count on Iraq’s army and police forces for security despite the billions of dollars the U.S. invested to equip and train them. And it shows that President Barack Obama is having a hard time keeping his pledge to reduce U.S. reliance on contractors, a practice that flourished under the Bush administration.

In an early April request to the Pentagon, Patrick Kennedy, the State Department’s under secretary for management, is seeking 24 Black Hawks, 50 bomb-resistant vehicles, heavy cargo trucks, fuel trailers, and high-tech surveillance systems. Kennedy asks that the equipment, worth hundreds of millions of dollars, be transferred at “no cost” from military stocks.

Contractors will be needed to maintain the gear and provide other support to diplomatic staff, according to the State Department, a potential financial boon for companies such as the Houston-based KBR Inc. that still have a sizable presence in Iraq.

(more…)

Saturday, January 10, 2009

Afghanistan: Contractor, Set Afire in Nov. by Afghan, Dies

Filed under: Afghanistan — Tags: , , — Matt @ 11:18 AM

Another sad chapter in this tragic story.  Rest in peace. –Matt

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Contractor, set afire in Nov. by Afghan, dies

Posted on Sat, Jan. 10, 2009

By Matthew Barakat

McLEAN, Va. – An anthropologist embedded with the U.S. Army in Afghanistan to help soldiers understand local customs has died more than two months after being doused with fuel and set on fire.

The attack on Paula Loyd, 36, prompted an alleged revenge killing by one of Loyd’s colleagues, who now faces the first murder charges filed against a military contractor in Afghanistan or Iraq under a 2000 law that allows such prosecutions. Don Ayala of New Orleans is charged with second-degree murder in U.S. District Court in Alexandria.

Loyd suffered second- and third-degree burns over 60 percent of her body in the Nov. 4 attack west of Kandahar and died Wednesday at Brooke Army Medical Center in San Antonio.

Celia Jones, executive director of the Moonlight Fund, a nonprofit group that assists burn victims and their families and worked closely with the Loyd family during her two-month hospital stay, said that Loyd had been chatting with an Afghan man about fuel prices when he suddenly attacked her. “It was such a senseless act,” Jones said.

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