Feral Jundi

Saturday, October 15, 2011

Libya: US Sending More Contractors To Secure Libya’s Weapons Stockpile

Filed under: Egypt,Libya — Tags: , , , , — Matt @ 4:18 PM

Now the thing with this is that recently it was reported that weapons from Libya have been flooding markets in places like Egypt. And no telling where those weapons will end up at. I am sure Israel is not happy? Either way I am glad they are sending more folks and giving this some urgency. –Matt

 

U.S. Sending More Contractors to Secure Libya’s Weapons Stockpile
By ERIC SCHMITT and KAREEM FAHIM
October 14, 2011
WASHINGTON — The State Department is sending dozens of American contractors to Libya to help that country’s fledgling efforts to track down and destroy heat-seeking antiaircraft missiles looted from government stockpiles that could be used against civilian airliners.
The contractors, weapons and explosives specialists, are part of a growing $30 million American program to secure Libya’s conventional weapons arsenal, which was ransacked during the fall of the government of Col. Muammar el-Qaddafi.
American and other Western officials are especially concerned that as weapons slip from state custody, they can be easily sold through black markets to other countries, fueling regional wars or arming terrorist groups. Analysts are particularly worried about the dispersal of the SA-7, an early-generation, shoulder-fired missile in the same family as the more widely known Stinger.

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Thursday, September 29, 2011

Legal News: Does The OMB Policy On Inherently Governmental Conflict With The Constitution?

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water. – The enumerated powers of congress, war powers clause, Article 1, Section 8, Paragraph 11 of the US Constitution.

The other day I came across the OMB’s new policy letter on what the government deems ‘inherently governmental’.  I posted the Apendix A portion, because that has the most relevance to this discussion and to our industry.  For the most part, self defense or defense of others is not a problem, but contractors engaging in combat is.

With that said, let’s look at the legal definition of the Letter of Marque and Reprisal and the various sources that confirm that definition:

LETTER OF MARQUE AND REPRISAL, War. A commission granted by the government to a private individual, to take the property of a foreign state, or of the citizens or subjects of such state, as a reparation for an injury committed by such state, its citizens or subjects. A vessel loaded with merchandise, on a voyage to a friendly port, but armed for its own defence in case of attack by an enemy, is also called a letter of marque. 1 Boulay Paty, tit. 3, s. 2, p. 300. 2. By the constitution, art. 1, s. 8, cl. 11, congress has power to grant letters of marque and reprisal. Vide Chit. Law of Nat. 73; 1 Black. Com. 251; Vin. Ab. Prerogative, N a; Com. Dig. Prerogative, B 4; Molloy, B. 1, c. 2, s. 10; 2 Woodes. 440; 6 Rob. Rep. 9; 5 Id. 360; 2 Rob. Rep. 224. And vide Reprisal.

And then let’s look at the legal definition of combat.

COMBAT, Eng. law. The form of a forcible encounter between two or more persons or bodies of men; an engagement or battle. A duel.

So you can see here that in fact, the ability to grant a Letter of Marque and Reprisal is an enumerated power of congress. That by definition, authorizes private individual to take the property of a foreign state or the citizens and and subjects of that state. That is not self defense. This is totally a forcible encounter between two or more persons or bodies of men.

Now onto the question. How is the policy of the OMB on what is inherently governmental, not conflict with the constitution? You have one agency saying that a private individual engaging in combat for this country is not authorized, but you have our top legal document of the land saying that private individuals can participate in combat and seize the assets of an enemy if given a license or Letter of Marque by congress.

Or legally agencies must abide by this policy, but congress still has this right to issue the LoM?  Anyone want to take a swipe at this one? lol  –Matt 

 

OFFICE OF MANAGEMENT AND BUDGET
Office of Federal Procurement Policy
Publication of the Office of the Office of Federal Procurement Policy (OFPP) Policy
Letter 11-01, Performance of Inherently Governmental and Critical Functions
AGENCY: Office of Management and Budget, Office of Federal Procurement Policy
ACTION: Notice of Final Policy Letter
In addressing security operations, for example, the list
identifies where security operations would be inherently governmental in connection with
combat. This should not be read as a determination that all security performed in any
hostile situation other than actual combat may be performed by contractors. Rather it
means that those situations should be evaluated on a case-by-case basis to determine what
security functions and activities are inherently governmental and what can be performed
by contractors with appropriate management and oversight.

Appendix A. Examples of inherently governmental functions
The following is an illustrative list of functions considered to be inherently governmental.
This list should be reviewed in conjunction with the list of functions closely associated
with inherently governmental functions found in Appendix B to better understand the
differences between the actions identified on each list.

Note: For most functions, the list also identifies activities performed in connection with
the stated function. In many cases, a function will include multiple activities, some of
which may not be inherently governmental.

1. The direct conduct of criminal investigation.

2. The control of prosecutions and performance of adjudicatory functions (other than
those relating to arbitration or other methods of alternative dispute resolution).

3. The command of military forces, especially the leadership of military personnel who
are performing a combat, combat support or combat service support role.

4. Combat.

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Tuesday, September 27, 2011

Libya: Five Contractors For Locating And Securing 20,000 MANPADS?

The more I read about this particular aspect of the Libyan conflict, the more I just shake my head. If there are 20,000 MANPADS in this country, and it has been torn apart by a civil war that we are assisting in, then why are we not putting more of an effort into locating and securing every MANPAD there is?  How is assigning ‘5 contractors’ to the problem an effective solution? lol I mean contractors are good, but are five guys going to be able to physically accomplish the task of actually securing these things?

Or are these five contractors there to just train Libyans with the hopes that they ‘might’ locate and turn them in to a secure location?  I say might, because if you look at the economics of the situation, either they could locate and turn them in for free, or they could sell them on the black market and make a good little profit.

The other reason why I mention the economics of this type of deal, is that who is the command and control of all of the field units of such a rag tag army of rebels?  Are we seriously saying that there is any kind of control at all with this motley crew?  And especially in the beginning stages of the war when these weapons depots were first getting ransacked? Ha! I will say this, I guarantee that these things have found their way out into the black market.

But probably the most concerning aspect of this story, is that Al Qaeda has a presence in Libya. And they would certainly have an interest in these rocket launchers. Oh, and did I mention that many of the suicide bombers in Iraq that killed our troops were from Libya? So to me, how could anyone assume that Al Qaeda ‘has not’ put their grubby little hands all over these things?  pfffft.

So what does this all mean?  Well, if we start seeing helicopters being shot out of the sky in Afghanistan, that might be a sign. Or I imagine some key airline passenger jets will be shot down using these things. I mean there are all sorts of uses for this kind of weapon, and it was incredibly irresponsible of us to not instantly recognize this issue very early on and effectively deal with it.

Didn’t we learn anything from Iraq?  The insurgents there ransacked the arms depots right after the invasion, and the scene was akin to what happened with the looters in Walmart during hurricane Katrina. All because we did not make it a priority to secure those depots. The result?  Lots and lots of IEDs made from artillery rounds captured from those depots. –Matt

 

Hey Alli, how much do you think these things go for on the black market?

 

U.S. ramps up weapons search in Libya
September 16, 2011
The United States is taking an increasingly active role to secure thousands of rocket launchers, mines and small arms from Muammar Qaddafi’s once vast arsenal in Libya and prevent them from fueling an insurgency or falling into the hands of al Qaeda or other extremist militants operating across North Africa, government officials said Friday.
As an urgent measure, the Obama administration is sending several additional weapons experts to Libya to help train local units to locate and destroy weapons, the officials told The Associated Press. The top focus is on the estimated 20,000 shoulder-launched missiles called MANPADs which Qaddafi assembled during his four-decade rule. The weapon can be used to shoot down helicopters or civil jetliners.
“My team has no higher priority than addressing this threat,” said Andrew Shapiro, the assistant secretary of state for political-military affairs. “We are utilizing every possible tool to reduce the availability of loose missiles from Libya.”
The decision to increase weapons-related aid comes after U.S. officials received a request Friday from Libya’s National Transitional Council for greater assistance in securing Qaddafi’s former stocks of conventional weapons. The deposed Libyan dictator, who is still at large, halted his weapons of mass destruction programs in 2004. U.S. and international officials believe his leftover stocks of chemical and nuclear material are safe — and in a form that cannot be quickly be weaponized.

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Thursday, September 22, 2011

Surveys: The Annual DZ Jobs 2011 ‘State Of Overseas Contracting’ Results

Filed under: Industry Talk,Surveys — Tags: , , , — Matt @ 4:17 PM

I posted just one of the survey results, and if you would like to see the others, follow the link below. This is a really cool survey about our industry and a big thanks to William for doing this every year. Danger Zone Jobs covers all contractors and not just security contractors, so this stuff gives you a good feel for where we are at as a whole.

Probably the big surprises for me was how many 1st year contractors there were, and how little folks are moving around to different gigs. I would have expected to see a lot more contractors jumping contracts? This is probably an outcome of the economy and of companies becoming more stable and professionalized.

The Facebook results were interesting too. Meaning more and more contractors are using FB to network and research ideas for jobs. It makes sense and that is why I hang out on FB so much. Plus, folks use FB to communicate with home and friends, so it is not that big of a jump to use it for work related stuff. Not to mention all of the really useful groups on FB, which is now starting to compete with the utility of the forums.

Networking and applying for jobs through company websites were the two top methods of getting a contract according to the survey. No shock there.

This one graph I posted below though, was the one that grabbed my attention. I would have thought that more contractors would have had military backgrounds? But that is just not the case. Although for the security contracting side of the house, I would have to say that a large percentage are former military or police, just because that is what is required for the job application. Of course when it comes to medical contractors being used on security contracts, we are seeing the companies not caring about military or police backgrounds. Primarily because there are not enough medically qualified folks to draw from in this military/police pool. That is at least what I am seeing.

The other other statistic that would be interesting, would be how many folks are using mobile devices or tablets over laptops/home computers for work related stuff? More and more soldiers and contractors are depending upon mobile devices for their everyday digital life, and I would suspect that there are a lot of folks that use that stuff. It is why I souped up my mobile game for the blog. Interesting stuff and check it out. –Matt

 

2011 State of Overseas Contracting Survey Results
September 22, 2011
Here are the results from our third annual State of the Overseas Contracting Industry Survey. This year 1,263 people took the survey, which is about 100 more than last year. I will be releasing the Advice from Contractors section a bit later after I have finished editing it.

Link to survey here.

Sunday, September 11, 2011

Industry Talk: The Contractor Sacrifice And Resolve Since 9/11

Filed under: Industry Talk — Tags: , , , , , , — Matt @ 3:31 PM

You know, much will be said about the sacrifice and good work of the military during the last ten years of war. Much is being said of the loss of lives, both on that day and during the ten years of war, on this ten year anniversary of 9/11. Every bit of that loss and sacrifice deserve the attention of the nation and world…. But in the back of the room, quietly supporting the war effort, quietly being killed or wounded, and quietly serving for the last ten years is the contractor. And in my little corner of the internet, I wanted to make sure that the contractor sacrifice is counted.

So who is this contractor? They are the Sri Lanken who is building the barracks for an Iraqi brigade. He is the Ugandan standing guard at the DFAC or front gate. He is the former Navy SEAL, working in a PSD detail as a contractor for the State Department. She is a health and safety inspector for a camp in northern Afghanistan. He is an Afghan convoy guard transporting fuel to a remote camp. She is an interpreter working with the coalition to help them with their daily patrols in the villages. The contractor is everywhere in this war, and their contribution is certainly significant.

Some of these contractors are prior military, and some are former police officers. But many are civilians who wanted to make a difference. They are the plumbers, the carpenters, the teachers, the cooks, the paramedics, etc. that come from all over the US and the world to give their contribution to the war. I would speculate that well over a million civilian contractors have cycled in and out of the war over the years, but there are no statistics to back this up. Although we do know that our ratio of contractor to the military in the war zones over the years has been about 1 to 1, and sometimes higher. So whatever the military numbers, the contractor service is pretty close. And believe it or not, in Afghanistan there was a historically significant point in the war where there were more contractors than soldiers.

“As of March 2009, there were 68,197 DoD contractors in Afghanistan, compared to 52,300 uniformed personnel. Contractors made up 57% of DoD’s workforce in Afghanistan. This apparently represented the highest recorded percentage of contractors used by DoD in any conflict in the history of the United States.”CRS report

But what is the contractor sacrifice?  Well according to the Department of Labor, there have been 2,752 contractors killed and 71,662 wounded. The number of reporting companies is a staggering 1,831. (from 09/01/2001 to 06/30/2011) Think about those numbers and understand that each of those deaths and injuries are individuals that willfully came to these war zones to serve in their various capacities. Each had families and loved ones that mourned over their deaths. Or they had to deal with the struggle each day with the physical and mental fight that comes with rehabilitation and healing.

I personally think that the death and injury rates are much higher, but because there is no official commission to track all deaths and injuries of contractors, that the DoL statistics are really all we have. Of course there are individuals tracking deaths, but it has been noted that all they really care about is military deaths–with contractor deaths being a burden to count….

There is also another area of contractor sacrifice that gets little attention, and that is the POW’s and MIA’s of the industry. Just recently, James Coker was a Pentagon civilian contractor that was kidnapped, and then later beheaded in Afghanistan. It was barely a blip in the daily news cycle.  Or you have those contractors that have been wrongly detained in corrupt prison systems for years, just rotting away.

I have also touched on an area of contractor sacrifice that has not received any attention, and that is mental health. How many have taken their own lives since returning from the war?  I do not know, and it is a statistic that I think would match the military’s rates of suicide. (ProPublica touched on it a little)

But with all of this death and suffering, contractors continue to serve and in great numbers. They will continue to serve for as long as it takes, and they will do it quietly and willingly. So I give praise to the military for their sacrifice in this war, but we must also recognize and give praise to the sacrifice and resolve of our contractor force.

Lastly, the main reason why contractors and the military are fighting this war, is the cowardly act of terrorists  on 9/11, and the equally cowardly act of groups supporting those terrorists around the world. Hence why we have taken the fight into places like Iraq, Afghanistan, Somalia, Pakistan, Yemen, and other rocks of the planet where the enemy chooses to organize and scheme under. It is our desire for justice and the urge to defend the homeland, that will keep the fires of this war lasting as long as it takes. That desire for justice is what drives all of us, both contractor and soldier, and we will not stop until justice is served and the enemy is no more. –Matt

From left to right, Tim Newman working as a DynCorp contractor in Iraq; the aftermath of the IED explosion that took Newman's leg; Newman after his recovery. (Photos courtesy of Tim Newman)

In April 2004, Reggie Lane was driving a fuel truck in Iraq for a defense contractor when insurgents attacked his convoy with rocket-propelled grenades, causing him numerous injuries. For most of the five years since, Lane, now 60, has spent his days in silence, cared for at the Country Gardens Adult Foster Care in Central Point, Ore. (Francine Orr / Los Angeles Times)

Malek Hadi was working with the U.S. military police when a homemade bomb detonated beneath his Humvee in September 2006. (Allison V. Smith/For The Los Angeles Times.)

On the one-year anniversary of her husband's suicide, Barb Dill breaks down at her husband's tombstone. Wade Dill, a Marine Corps veteran, took a contractor job in Iraq. Three weeks after he returned home for good, he committed suicide (Francine Orr / Los Angeles Times / Redding, CA / July 16, 2007).

 

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