Posts Tagged Benghazi Attack

Call To Action: Support The Glen Anthony Doherty Overseas Security Personnel Fairness Act

Folks, this is a good one to pass around and get the word out. Glen Doherty was one of the four contractors killed at Benghazi back in 2012, and his family was not able to receive death benefits because of how DBA is structured.

Tell congress that you support this bill so that not only will Glen’s family get the benefits they deserve, but also any future families of deceased security contractors will receive the same death benefits.

Below is a summary of the bill with links to where you can read about it’s progress. I have also included a portal to a very easy to use online letter writing tool that can connect you with your representatives. And finally, I have included the latest news on the bill and who supports it. With any luck, we will have a majority, bipartisan support for this thing and it will become law. –Matt 

 

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This undated photo provided by Mark and Kate Quigley shows Glen Doherty, who family members say died in an attack on the U.S. Consulate in Libya. Four Americans were killed at the U.S. Consulate in Benghazi on Tuesday, Sept. 11, 2012 along with U.S. Ambassador Chris Stevens. Kate Quigley identifies Doherty as her brother, saying in a media interview he was a former U.S. Navy Seal. (AP Photo/Quigley Family Photo)

 

Write congress here.

 

Introduced in House (01/13/2015)

Glen Anthony Doherty Overseas Security Personnel Fairness Act

Amends the Defense Base Act with respect to payment of death benefits otherwise due a widow, widower, or surviving child of an individual employed at a military, air, or naval base outside of the United States who dies as a result of a war-risk hazard or act of terrorism occurring on or after September 11, 2001, when there is no person eligible for a death benefit under the Longshore and Harbor Workers’ Compensation Act.

Requires payment in such a case to:

a beneficiary designated by the deceased, or
the next of kin or the estate of the deceased under applicable state law if there is no designated beneficiary.
Requires benefits to be paid from the Employees’ Compensation Fund.

Congress.gov link here.
Govtrack.us link here.

US Sen. Ed Markey pushes bill to support family of Massachusetts man killed in 2012 Benghazi attack
By Shannon Young
December 09, 2015
U.S. Sen. Ed Markey, D-Mass., introduced legislation this week that seeks to ensure the families of federal contractors who died as the result of a war-risk hazard or terrorist act receive full death benefits.
Named after the Winchester, Mass. native and former Navy SEAL killed in the Libyan consulate attack in 2012, the “Glen Anthony Doherty Overseas Security Personnel Fairness Act” would fix an omission in federal law the bars families from receiving full benefits if a contractor was unmarried with no dependents at the time of his or her death, Markey’s office said.
The bill would modify the Defense Base Act of 1941 to allow payment of death benefits otherwise due to a surviving spouse or child to the surviving next of kin. According to the senator’s office it would specifically require payment to a beneficiary designated by the deceased or the next of kin or estate of the deceased under applicable state law. Benefits would be paid from the Employees’ Compensation Fund.

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Publications: IG Review Of Best Value Contracting For DoS Local Guard Programs

After reading the latest report on the Benghazi attack called Flashing Red: A Special Report On The Terrorist Attack At Benghazi, I came across another really cool report they referenced in regards to Best Value contracting. I thought it was pretty interesting and worthy of some attention here.

Here is the quote about it from the Benghazi report.

Though a few members of the February 17 Brigade and the Libya Shield militia assisted the Americans on the night of the attack, the security that these militias and the local police provided to U.S. personnel was woefully inadequate to the dangerous security environment in Benghazi.
The unarmed local contract guards also provided no meaningful resistance to the attackers. The Department of State’s Inspector General had previously found that concerns about local security guards were not limited to Libya. A February 2012 Department of State Inspector General (IG) report found that more than two-thirds of 86 diplomatic posts around the world surveyed reported problems with their local guard contractors. Of those posts that reported problems with their contractors, 37 percent said there was an insufficient number of local guards and 40 percent said there was insufficient training. The IG found that overseas diplomatic posts, particularly those in high-threat situations beyond Iraq, Afghanistan, and Pakistan urgently needed best-value contracting, which takes into account the past performance of contractors.
Recommendation: When it becomes clear that a host nation cannot adequately perform its functions under the Vienna Convention, the Department of State must provide additional security measures of its own, urgently attempt to upgrade the host nation security forces, or decide to close a U.S. Diplomatic facility and remove U.S. personnel until appropriate steps can be taken to provide adequate security. American personnel who serve us abroad must often work in high risk environments, but when they do, we must provide them with adequate security. That clearly was not the case in Benghazi on September 11, 2012.
Recommendation: The Department must conduct a review of its local guard programs and particularly the use of local guard contractors at high-risk posts who do not meet appropriate standards necessary for the protection of our personnel or facilities.

Did you read that highlight? Urgently needed Best Value contracting….. and this is the IG saying this. lol Myself and others have been promoting the concept for awhile now and at least the IG get’s it. It sounds like DoS is starting to see the light as well.

The one interesting point that was discussed is the 10 percent price preference rule and how local guard force companies were just partnering with US companies in order to qualify. Here is a quote:

U.S. companies or qualified joint ventures “shall be evaluated by reducing the bid by 10 percent.” Based on an examination of contract competition documents for 35 local guard contracts, OIG found that the 10 percent price preference given to qualifying U.S. companies had no effect on the outcome of the awards. OIG further determined that it is easy for foreign companies wishing to take advantage of the price preference to become eligible by simply forming a joint venture with a U.S. company, thus largely negating the purpose of the preference.

So private industry found a loophole and exploited it to win contracts. With that said, I agree with the IG’s take on the 10 percent rule, and that it needs to be changed in order for it to be effective. Here is their suggestion.

Review the need for a 10 percent price preference given to U.S. companies bidding on local guard contracts because the preference has not been demonstrated to be a factor in recent local guard competitions.

Check it out below and it will be located in my Scribd or here on the blog for future reference. –Matt

 

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