Feral Jundi

Friday, June 15, 2012

Industry Talk: ASIS Receives ANSI Approval For PSC.2 Conformity Assessment Standard

Filed under: Industry Talk,Publications — Tags: , , , , , , — Matt @ 2:48 AM

“When incorporated into contracts, compliance with the standard becomes enforceable under contract law,” says Christopher Mayer, director, Armed Contingency Contractor Policies and Programs at the U.S. Department of Defense. “Aside from direct legal action, the contracting activity can assess penalties, demand redress, withhold payment, and implement other measures to include contract termination to promote compliance and encourage company adherence.”

This post is the second installment of the ASIS ANSI approval process news that has been coming out. The first step was putting together the standard, and this part identifies the process of auditing companies. Which is very important, because you want a very impartial and reputable group to do this assessment. The strength of the certification is all based on the integrity of the auditing organization, and these guidelines spell out that process.

“The integrity of the auditing process and the competence of auditors are key to a credible conformity assessment process” says Marc Siegel, Commissioner, ASIS International Global Standards Initiative. “This standard builds on the time-tested ISO/IEC conformity assessment process to raise the bar for auditing in complex environments. By defining auditor competence and a transparent auditing process, the ANSI/ASIS Conformity Assessment Standard helps assure that PSCs will be treated fairly and only those that live up to the conformance requirements of the PSC.1 standard get certified.”

Which is great. The other thing with this is that a standard should not be something that is bought, but something that is earned, despite the size of the company. So hopefully this part of ANSI does not get abused. But also, if the standards are public and well known, then there will not be any contention about it’s interpretation. It is a national standard, and not something that changes from state to state. (with an ISO or international standard, it will be world wide, and you can see why this would be important for contracting on a global scale)

The other part that is interesting, is the quote up top. That kind of language is what puts teeth into adhering to these standards– which is great.  It means companies will actually have to get serious about quality and living up to that ANSI certification, or lose contracts or get heavily penalized because of actions on that contract. Like the quote says, ‘compliance with the standard becomes enforceable under contract law’.

Well, next stop is the ISO and we will see how that goes. The big picture for all of this stuff is that it only helps to ‘legitimize’ this industry and make us more of an asset to clients, and less of a liability. It gives clients more tools to pick quality companies, and to penalize companies who veer from their code of conduct as stated in the contract they signed. In essence, it evens the field a little when it comes to the principal-agent problem.

Like with the last ASIS publication, you can go to their website and buy a copy. Or if you are a member, it is free. Although if you search around, you will find copies floating around that folks have posted on the internet. –Matt

 

ASIS International Receives ANSI Approval for PSC.2 Conformity Assessment Standard
June 14, 2012
ASIS International(ASIS), the preeminent organization for security management professionals worldwide, received ANSI approval for its standard, Conformity Assessment and Auditing Management Systems for Quality of Private Security Company Operations(ANSI/ASIS PSC.2-2012). Developed by an international Technical Committee comprised of members from civil society organizations, as well as PSCs and their clients, this standard provides requirements and guidance for conducting a conformity assessment of the ANSI/ASIS PSC.1-2012, Management System for Quality of Private Security Company Operations – Requirements with Guidance (PSC.1) Standard.
Private Security Service Providers including Private Security Companies (collectively “PSCs”) play an important role in protecting state and non-state clients engaged in relief, recovery, and reconstruction efforts; commercial business operations; diplomacy; and military activity. Independent, external conformity assessment and certification of a Quality Assurance Management System is one means of providing assurance that a PSC has implemented a system for the management of quality of service consistent with respect for human rights, legal obligations, and good practices, as specified in the PSC.1 standard. Clients who use the services of PSCs have indicated they will use the ANSI/ASIS PSC.1-2012 in their contracting processes. The PSC.1 Standard serves as a differentiator for companies that can provide quality of service, manage risk and respect human rights.

(more…)

Saturday, June 9, 2012

Space: SpaceX’s Success May Lead To Military Contracts

In this article, they mentioned ULA as the only certified company to launch military payloads. But if SpaceX can get certified, they will be the second.

The reason why I am excited about this stuff, is that for both ULA and SpaceX, they will need some heavy duty security to guard these military satellites as the rockets are being prepared, and protect the launches. So expect to see everything from basic security, all the way up to special response teams or SWAT type teams to protect this stuff. Because once you get into the realm of defense related space contracts, national security depends upon the successes of these launches and the integrity of the satellites.

I have not seen any job ads or news about this type of security, but I expect we will as time goes by.  Of course private protection forces for space launches are not a new concept, and I mentioned KSC SWAT guys protecting NASA launches a long time ago. So I will definitely keep my eyes open for space related security gigs…..and the future is now. –Matt

 

Members of the Kennedy SWAT team are ready and well equipped to keep the Space Center safe. Image credit: NASA/KSC

SpaceX’s Success May Lead To Military Contracts
By Richard Stalker
SpaceX made history 2 weeks ago becoming the very first private company to launch a capsule into space and have it dock with the International Space Station. Now that the Dragon has successfully returned to earth, SpaceX can start working on it’s contract through the National Aeronautics and Space Administration (NASA). The resupply contract for the International Space Station has it making 12 runs, and since it is reusable, they will have the ability to ferry items back and forth, not just trash but experiments.
This launch was the second one for the Falcon 9 and after a third successful one they will be allowed to bid for military contracts to launch satellites into space. “The new entrant criteria did say three launches are required (for Falcon 9) before certification can happen for national security payloads,” said SpaceX Communications Director Kirstin Brost Grantham.

(more…)

Friday, June 8, 2012

Legal News: Rep. Cummings Introduces Legislation To Reform DBA Insurance Program

Analysis of Labor Department data found that insurers had denied about 44 percent of all serious injury claims — those involving more than four days of lost work. The companies also turned down about 60 percent of contractors who claimed to suffer psychological damage such as post-traumatic stress disorder. The Times sued the government for access to Labor Department records.
“There are clearly serious deficiencies in the health coverage of civilian employees who have been injured while working overseas to keep us safe here at home — costing not only the men and women who are being refused coverage for the treatment they need, but also for the American taxpayers who are footing the bill for their coverage,” Cummings said.

This looks like some good legislation. Thanks to the work of Propublica and others, these insurance loopholes and wasteful practices will hopefully be shut down. It is also atrocious that at one point in this war, up to 44 percent of all serious injury claims were being denied. It is appalling that contractors were treated like this.

So hopefully this law get’s passed and it actually fixes the problem. I like the language in the bill in regards to assessing the law’s effectiveness after one year. If you have anything to add, either in support or against, let us all know.

If you want a great primer on what spurred on this legislation, check out Propublica’s work and there is lot’s of great info on this industry there. If you have any nightmare DBA claim stories, feel free to put that up in the comments section as well. –Matt

 

Cummings Introduces Legislation to Reform Defense Base Act Insurance Program
June 6, 2012
Rep. Elijah E. Cummings, Ranking Member of the House Oversight and Government Reform Committee, introduced legislation today that would save taxpayers huge sums of money by transitioning the existing workers’ compensation insurance system for overseas government contractors away from private sector insurance companies to a federal self-insurance program.
“There is absolutely no reason American taxpayers should be lining the pockets of private insurance companies,” said Cummings.  “This bill would save billions of dollars while improving the ability of contractor employees who risk their lives in war zones to obtain the medical care and support they deserve.”
According to a 2009 Pentagon study, Congress could save as much as $250 million a year by transitioning the existing Defense Base Act (DBA) insurance program to a government self-insurance program.  The study found:  “In the long run, the self-insurance alternative may have the greatest potential for minimizing DBA insurance costs, and it has several administrative and compliance advantages as well.”

(more…)

Thursday, June 7, 2012

Military News: Private Contractors Key To UK Army, Says Philip Hammond

The same thing that applies to the US, is being applied to the UK. Contractors are an essential element to raising an army quickly, or maintaining the one you have. It ensures that the soldiers you do have, are in fact fighting forces and not just cooks or range maintenance folks. You can also build up that support force, or quickly tear it down, and there is no legacy costs like pensions to worry about.

Now the thing that I am curious about is the ‘inherently governmental’ debate happening places like parliament, think tanks and committees. How much will the British allow contractors to actually do when it comes to the gun related contracts in the future?

One thing that is definitely giving a good show as to the effectiveness and capability of armed security contractors is the anti-piracy efforts of the companies right now. Armed guards on boats, along with the history of British contractors in Iraq and Afghanistan, are all experiences that are adding to the debate of what contractors are capable of.  Interesting stuff and we will see how the British military and leaders navigate this aspect of force. –Matt

 

Private contractors key to Army, says Philip Hammond
7 June 2012
The British army will have to rely more on part-time reserves and private contractors, Defence Secretary Philip Hammond is expected to say later.
In a speech to military experts, he is due to say the future will involve “thinking innovatively about how combat service support is provided”.
Under the Strategic Defence and Security Review the Army will shrink from 102,000 to 82,000 troops by 2020.
Mr Hammond says there will be “difficult” decisions ahead.
BBC security correspondent Frank Gardner said the speech at the annual Land Warfare Conference in London will give some clues as to how this rebalancing will be achieved, ahead of a full announcement later this month.
Mr Hammond is expected to tell an audience at the Royal United Services Institute there will be a need to use “more systematically the skills available in the reserve and from our contractors”.
Our correspondent says: “A total of £1.8bn is to be invested in the reserve forces, with a focus on certain niche areas such as cyber warfare, medical and intelligence.”

(more…)

Thursday, May 24, 2012

Call To Action: Instructions For How To Submit A Contractor Casualty For The Defense Of Freedom Medal

This is an important post, and in the past I have discussed the Defense of Freedom Medal before, but never discussed the process of getting a killed or wounded contractor their medal.  This medal is the equivalent to the Purple Heart that the military gives to wounded or killed soldiers. It is my intent with this post to empower companies and contractors with the information necessary on how to submit a casualty for this medal.

I will also put a link to this post on my Contractor Casualty Statistics page so it will be easy to find for those who want to come back to it. The links below, highlighted in blue, are also important to read.  These are the memos that detail how this works, and what is required. Please forward this information on to the companies if you are a friend or family member of a contractor that was killed or wounded, and they have not been recognized for their sacrifice. If the company in question is no longer in existence, then I would recommend contacting the Army Incentive Awards Board directly with the email below.

One other possibility is to get a DBA focused law firm to help out in the process. Here is a link to one law firm that has commented on the particulars of this medal.

Also, there is no record of every recipient from what I can gather. Wikipedia had an entry dedicated to contractors that received this medal, but it only lists four.  I know there are more out there, and I will keep an eye out for a source that tracks this. Good luck out there and let’s make it happen! –Matt

 

 

Secretary of Defense Medal for the Defense of Freedom

1. Purpose: The Secretary of Defense Medal for the Defense of Freedom (DFM) is established to acknowledge civilian employees of the Department of Defense (DoD) who are killed or wounded in the line of duty. The medal symbolizes the extraordinary fidelity and essential service of the Department’s civilian workforce who are an integral part of DoD and who contribute to the preservation of national security.

2. Description: The Army’s Institute of Heraldry developed the medal.
      a. Medal: The eagle and shield exemplify the principles of freedom and the defense of these freedoms on which our country is founded. The laurel is emblematic of honor and high achievement.
      b. Ribbon: Red, white, and blue are our National colors. The red stripes commemorate valor and sacrifice. The wide blue stripe represents strength. The white stripes symbolize liberty as represented in our national flag. The number of red stripes represents the four terrorist attacks using hijacked airplanes, and the single blue stripe represents the terrorist attack on the pentagon on September 11, 2001. This day, more than ever, united this country and brought to the forefront our heroic civilians.

3. Certificate: A DA Form 7499 will accompany the medal.

4. Eligibility: The medal shall be awarded to any DoD civilian employee meeting the definition of ’employee’ under title 5 United States Code, Section 2105, and who is eligible for an award under DoD 1400.25-M, Subchapter 451, ‘Awards,’ including employees of non-appropriated fund activities, when killed or wounded by hostile action while serving under any competent authority of the Department under conditions for which a military member would be eligible for receipt of the Purple Heart. Additionally, the Secretary of Defense has discretionary authority to award this medal to non-Defense personnel who are otherwise qualified to be awarded the medal based on their involvement in DoD activities.

5. Criteria: Eligibility criteria for the medal are aligned as closely as possible to those for the Purple Heart for members of the Armed Forces; this medal differs from other medals in that it is not ‘recommended.’ The employee is ‘entitled’ to the medal if the employee is eligible under Section 4 and if the conditions or criteria in this paragraph are present. Hostile action may involve, but is not limited to, the use of conventional or nuclear weapons, chemical or biological agents, explosives, or missiles. The medal shall be awarded to employees who are killed or who sustain injury due to hostile action against the United States of America, or killed or wounded while rescuing or attempting to rescue any other employee or individual subjected to injuries sustained under such conditions. The wound for which the award is made must have required treatment by a medical officer, and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

6. Limitations on Awarding Medal: The medal is authorized for the incident of death or the first wound suffered under the conditions indicated above. The medal itself may be awarded only once; however, for subsequent events that would require the award of the medal, a device will be awarded to attach to the ribbon of the medal.

7. Posthumous Awards: The medal may be awarded posthumously and, when so awarded, may be presented to a representative of the deceased member’s family.

8. Responsibility and Approval: The approval authority for the DFM is delegated as specified in the Assistant Secretary of the Army (Manpower and Reserve Affairs) memorandum dated March 24, 2009, subject: Delegation of Authority Secretary of Defense Medal for the Defense of Freedom.

9. Nomination Format: Forward a memorandum, along with a DA Form 1256, containing the following:

     a. General personal information: For government employees: provide name, SSN, title, series, grade, organization and location.

     b. Specific information regarding injury/death: Description of the situation causing the injury/death in detail to include the date, time, place, and scene of the incident, and official medical documentation of the employee’s injuries and treatment. The description must be well documented, including the names of witnesses and point of contact (POC) for additional medical information, if needed.

10. Army Contractor Nominations: The Secretary of Defense will consider nominations of contractor employees for this medal. Nominations for contractor employees will consist of the attached form, completed and submitted to the Executive Secretary, Army Incentive Awards Board, along with a report from a medical treatment facility or professional and a signed release to permit discussion of medical information by those who review the award nomination. Submit one copy of the memorandum and supporting justification to:

ag1cpaiabsecretary@conus.army.mil.

Secretary of Defense Medal for the Defense of Freedom
Consideration of Eligibility
for Contractor Personnel

1. Name of individual (first, middle initial, last.) Mr. John Doe
2. Position title. Senior Project Engineer
3. Name of contractor company and name/phone number of POC. ABC, 1234 Main Street, Anytown, Virginia 22222. Mr. Harold Barnes (888) 555-4748.
4. Title of Component office for which contractor worked and name/phone number of Component POC or project manager. Headquarters, Department of the Army, IMCEN. Mr. Sam Jones (877) 555-4410.
5. Date and location of the event, which caused the death or injury. September 11, 2001; Pentagon. Mr. Joe Smith, Acting Director, Information Management Center, certifies that this employee was in a duty status on September 11, 2001.
6. Describe the circumstances of the individual’s death or injury, e.g., the event that caused the death or injury and how it occurred. Mr. Doe was working in the Pentagon, Room 1C543, when terrorists crashed a commercial aircraft into the Pentagon. He was hit on the head by falling debris from the ceiling and walls of his office.
7. For injuries only (1) describe the nature of the injury and the treatment protocol (treated and released, number of days hospitalized); (2) identify where treatment occurred (treated at medical facility or by private doctor and provide name of facility/ physician and phone number if available); (3) describe extent of immediate care, (treated with aspirin, x-rays taken, etc.), and (4) describe extent of continued care if considered necessary (outpatient care, physical therapy, etc.) Mr. Doe sustained blunt force trauma to his head and was admitted to Polaris Hospital Emergency Room where he was taken to the operating room and received fourteen stitches to close the wound in his head. He received medical treatment at the hospital until September 18, 2001. He had physical therapy appointments once a week for several months.
8. CERTIFICATION STATEMENT: MG Thomas Smith, Commanding General, U.S. Army XXXXXX, signed memorandum recommending approval.

Content last reviewed: 5/22/2009-ALV
References
Memo, May 20, 2009 – DFM Reporting Instructions

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