Feral Jundi

Friday, April 2, 2010

Legal News: DoJ Witch Hunt Continues–Now KBR Is In Trouble For Using Security Guards

Filed under: Industry Talk,Iraq,Legal News — Tags: , , , — Matt @ 4:02 AM

   The shock of it all. Pffft.  KBR actually contracted security services in Iraq, because the Army and military was too busy with other things….. like fighting a massive insurgency in Iraq.  The DoJ witch hunt continues….. –Matt

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KBR Charged With FCA Violation for Unauthorized Security Guards

By Joe Palazzolo

April 1, 2010

Defense contractor Kellogg Brown & Root Services billed the federal government for unauthorized private security guards in Iraq, the Justice Department alleged in a lawsuit.

The complaint, filed Thursday in federal district court in Washington, said 33 KBR  subcontractors, as well as the company itself, used armed guards from 2003 to 2006 without approval from the Army. The company also failed to ensure that the guards were registered with the Iraqi Ministry of the Interior, as required, the department said.

Justice Department lawyers said in the complaint that the amount of taxpayer dollars lost to the alleged fraud would be determined at trial.

KBR was under contract to provide logistical support for military operations, including food services, transportation, laundry and mail. KBR and it subcontractors were required to use military protection, according to the complaint.

In addition to allegedly submitting bills with “impermissible costs” in violation of the False Claims Act, KBR is accused of flouting subcontract terms requiring travel only in military convoys, the department said.

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Thursday, April 1, 2010

Industry Talk: Wartime Contractors Need More Federal Guidance

     Not the point, said Thibault. “There are two parties that sign the contract: the government, and they have an obligation to keep track of what they’re doing; and the company, and they have an obligation to perform the contract in the most efficient and effective manner. And that’s why I say there’s ample remedial work for both.” 

*****

   The government is being somewhat unfair and kind of stupid about this. I put all of the blame on the feds for any issues that arise with this drawdown.  We have had plenty of time to plan and modify contracts, and there are plenty of reports that spell out exactly what the government should do in order to manage this stuff–but they continue to not do it.

    If folks would get off their butts and see for themselves what the companies are doing, then the government–who are the ones ‘writing the check’, should exercise the right to call BS on anything that is in direct conflict with the contract.  But if there is nothing in the contract about the drawdown, nor has there been any renegotiations with the companies about that drawdown, well then of course companies are going to continue doing what they are doing. So with that quote up top, I think it is backwards. It is the government who should have an obligation to perform contract oversight in the most efficient and effective manner.  The companies are just working off that current contract, and it is on the government to enforce it or modify it if there are issues. Or is this where companies are supposed to be doing their own thing now?  Pfffft.

   My other point with this, is that the government should be very careful in how they go about doing this.  Contractors have families back home, and they also vote.  If you screw over a contractor who signed an agreement/contract with their company, because of your poor planning and managment, well then you have just lost one more constituent. Especially during a time of extreme unemployment back home.

   Everyone working in Iraq knows that things are winding down. But there is a right way to cut away people, and a wrong way.  The right way, is for the government to effectively and quickly communicate to the companies exactly what it wants as the situation develops–and modify the contract to deal with that reality. Communicate, communicate, and communicate!!! The government should have lots of folks out there, looking at the operations of all the companies and work, and continually assessing how things are going.  There should not be any surprises, and it just takes leadership and getting off your ass and doing it, to make sure it is properly managed.

    And in turn, the companies should be honest with their contractors when they get any kind of contract news, and give them sufficient warning when they are to be let go. We just need a heads up, so we know when to start looking for another job. That is the descent thing to do, but somehow I just don’t see it happening that way. –Matt

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Wartime contractors need more federal guidance

March 30, 2010

By Suzanne Kubota

While the military is “aggressively accomplishing its drawdown” in Iraq, industry “is lagging in their efforts” to do so, according to the Commission on Wartime Contracting.

“In fact,” Commission co-chair Michael Thibault told Federal News Radio, “there are come very noticeable examples that were brought out (in a hearing yesterday) where there are a lot of people sitting around waiting to work.”

The problem, said Thibault, involves a lot of finger pointing.

This is one of those deals that’s kind of like “Where’s Waldo?” The military would tell you that they’re communicating reasonably effectively and that the contractor has a responsibility, when they see very substantial numbers of staff idle, to notify them and that it’s not occuring. And the companies will… play the other side out, which is they just weren’t getting the guidance (from Defense) and the only way they can work… I mean if they’re over-staffed, that’s unfortunate, but if the only way they can react is to get guidance from their contracting officer and absent that they’re obligated to keep that staff there.

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Wednesday, March 31, 2010

Iraq: Aegis Defense Contractor Robbie Napier Killed, Others Wounded And Killed In Separate Incidents

   I had no idea that this happened several weeks back, and there is nothing on the Aegis company website or Army Corps of Engineers website about this death, or even the other attacks. Supposedly another contractor was killed by a sniper, and others severely wounded, but there is nothing in the news about it.  If a reader could please pass on the news link to the death related to that sniper, I will definitely make an edit to this post.

   The other deal with this, is that I found out about this because of a story a blogger put together, who also happens to be a contractor and artist.  Perhaps he can come over and fill in some of the blanks.  Good on him for at least writing the story up on this, because if it wasn’t for him, I would have never have known. I also checked the icasualties site, and others, and I could not find anything at all about these deaths. Yet again, if the Army Corps of Engineers or Aegis Defense posted a press release about this, I could have blogged about this awhile back–but there was nothing. (someone please correct me if I am wrong on this, but I found nothing in my searches)

   With that in mind, if you are reading this and you are seeing no attention at all about a security contractor death in your company, or a death you heard about somewhere else, please let me know and I will put it up on the blog.  I have a multitude of media folks reading FJ, and I will definitely get the word out.  These are our fallen brothers, and their deaths mean something.  But if know one knows that they were killed, other than their family, then no one will ever have an idea about that sacrifice.

   Iraq is also at a very interesting point in the war.  We are at the end there, but make no mistake about it, things are still dangerous and just because the media is not reporting it, doesn’t mean it is not happening.  With the draw down, it requires a lot of road work.  We are moving all this stuff out of theater, and contractors are going to be the guys doing it all–much like we were the ones that helped to bring it all in.  And as we see Iraq take more of the security duties, and Coalition forces take less, the possibility for attacks only increase, because the insurgency feels it has a better chance of getting in a punch or two as we are leaving. Watch yourselves out there. –Matt

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Wakefield bomb blast victim had just delivered baby

20 March 2010

By Stuart Robinson

A SECURITY contractor was killed in an explosion in Iraq just three months after delivering his baby daughter in the kitchen of his home.

Ex-Marine and father-of-two Robbie Napier, 36, from Wakefield, died after the explosion this month.

On Friday, his grieving father told the YEP that just last Christmas he had returned home and delivered his baby daughter at his family home in Stanley.

An inquest in Wakefield into his death heard that Mr Napier was a front seat passenger in the front of a three-vehicle convoy on March 10.

Coroner’s officer Anthony Lancaster told the hearing: “Mr Napier sustained fatal injuries in an explosion of a detonated explosive device.”

The court heard that following the explosion in Baghdad Mr Napier was taken to a nearby base but was pronounced dead a short time later.

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Tuesday, March 30, 2010

Maritime Security: Combating Piracy 2010, Hamburg

    It would be great to attend an event like this, just to meet some of the players and get a feel for where the industry is going.  I would especially like to sit in on the lethal versus non-lethal discussion, and hear the various arguments.  My guess is that you will have the same dorks promoting the same non-lethal drivel when it comes to dealing with the kind of piracy we are seeing these days.  But you never know.  There might be a few courageous souls in this conference who are willing to tell it like it is.

   I really like the lessons learned aspect of a conference like this, and I really think that will pay big dividends. If any readers are able to attend and give a quick report about how it went, feel free to do so in the comments section. Follow the links below if you want to register for this thing. –Matt

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Combating Piracy 2010

Date 26 Apr 2010 – 28 Apr 2010

Location Hamburg, Germany

Venue Crowne Plaza Hamburg

Organisation Hanson Wade

Type event Conference, Workshop

Category Defence / Security

“There is a great business out here. You go with friends, you seize a ship and weeks later you come back with big money,” said the 23-year-old, who gave his name only as Gure. “We prefer to do this piracy thing until change comes to this country.”

As each hijacked vessel is released, the ransoms are dramatically rising with a reported payment of over $7million in January 2010.

But what’s most concerning is that as more money is paid the more sophisticated the pirate groups are getting. They’re investing ransom money in equipment and each hijacking leads to an increase in pirate intelligence. They’re learning vulnerable pressure points so each time they can secure the highest possible ransoms are paid. And as the military perfect their act, so do the pirates, who venture hundreds of miles into the Indian Ocean, where naval forces are stretched too thinly to create an effective net.

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Industry Talk: Can The Government Force Contractors To Unionize?

   It’s a basic question, and I have not a clue about how this would pertain to government contracts in the war.  I am sure there is some clause for overseas contingency operations that do not allow labor unions with wartime contracts.  I could be wrong, and this is an area that is way out of my lane. (any legal eagles want to step in, or maybe even the folks at IPOA)

   Plus, with how globalized contracting has become with DoD and DoS contracts, I just don’t see how you could force some Sri Lankan working at the DEFAC for KBR to pay the dues for some union.  There are just so many pieces to this, and I really have never explored this area.

   Now I have heard of numerous discussions amongst contractors while working out there, revolving around organizing. Most of the times, it was all talk born from poor labor practices of companies.  There have even been some attempts at creating unions for this industry, but nothing with any teeth or longevity. I could be wrong, and there might be some solid stuff out there that I am not aware of.  I know for CONUS, there are security related unions.  But for OCONUS, I have yet to see it.

   For fun though, what would happen if we were forced to be unionize?  Would that be a good thing, or a bad thing? –Matt

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Can the Government Force Contractors to Unionize?

By Jim Garrettson

March 29, 2010

Executive order 13502 [1]from February 2009 garnered relatively little attention when it was issued.   It reads, “in order to promote the efficient administration and completion of Federal construction projects,” executive agencies are allowed to require contractors working on federal construction projects to implement “Project Labor Agreements.”

This order applies to any construction, renovation or rehabilitation project that costs over $25 million, and encompasses all agencies but the GAO.  The order also rescinded Bush’s Executive Order 13202 [2]from February, 2001, which prohibits the government from requiring contractors to abide by these agreements, or discriminating against contractors for “refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related construction project(s).”

Project Labor Agreements (PLAs) [3] require all employees working on a specific project to abide by the same collective bargaining agreement.  This enables the hiring of non-unionized contractors, but typically requires them to pay into multi-employer union pension plans, putting non-union contractors at a financial disadvantage because they must pay for the union plan and for their existing company plan, according to the Associated Builders and Contractors [4].  Another problem for contractors is that many union pension funds are underwater, according to this recent article in the Washington Times [5].  Employers bound to collectively bargained agreements are forced to cover costs for underfunded union pensions when other contractors drop out.

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