Feral Jundi

Thursday, November 15, 2012

Legal News: Returning Wounded Contractors Face Second Battle, Against AIG

Filed under: Industry Talk,Legal News — Tags: , , , , , — Matt @ 10:56 PM

This is a good article in regards to the nitty gritty of dealing with DBA ‘potential’ pitfalls, if you get injured as a contractor. I say potential, because not all contractors have had these horror stories with DBA and their dealings with AIG.

But if you are having issues with DBA, then the cool thing about this story is it has identified one of the country’s best DBA claims lawyers–Gary Pitts. His firm would be a good resource if you are coming up against some problems with your claim. –Matt

 

After his rig bottomed out in a bomb crater, AIG made former KBR trucker David Boiles of Willis suffer through 14 months of agonizing back pain and sciatica before they authorized surgery.

Returning War Contractors Face Second Battle, Against AIG
Whatever your role in the U.S. war effort, if you were injured overseas, at least you’d be covered back home, right?
By John Nova Lomax
Wednesday, Nov 14 2012
Ever since that June day in 2010 when the roadside bomb detonated ten feet from the cab of his truck on a dusty road in Iraq, Terry Enzweiler has not been the same. He gets lost coming back from the same grocery store he’s shopped in hundreds of times; his daughter had to buy him a GPS to help him navigate his own neighborhood. He takes Xanax and Zoloft to combat the symptoms of post-traumatic stress disorder.
“The Xanax stops me from jumping through the roof when a pencil falls on the floor,” he says.
Even medicated, his blood still curdles when he hears Arabic spoken on TV or drives through one of the Chicago area’s Muslim neighborhoods. He wore earplugs for much of the week leading up to and right through the Fourth of July. “Those half-sticks sound just like a .50-cal,” he says, referring to a type of heavy machine gun.
The chuck-chuck of helicopter blades terrifies him, as does the sight of his own 25-year-old son. In Iraq, 46-year-old Enzweiler, a recent client of Houston attorney Gary Pitts, saw a dead Iraqi child who looked just like his boy did 13 years ago. “My psychiatrist said it’s like a marriage where there’s been infidelity,” he says in a phone interview. “The wife forgives the husband. Two years later, she sees a blond woman in a blue dress. Two years prior, the other woman looked like that. So in the mind, the two images come together, and for absolutely no reason, you become furious, and your subconscious takes over. It’s the same thing now. When I see my son, I think of that kid. I saw some horribly gruesome stuff over there.”

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Sunday, November 11, 2012

Cool Stuff: Security Contractor David De Souza Tackled Suicide Bombers In Iraq– And Now The Tough Mudder!

This is a great story and David De Souza is part of the estimated 83,000 plus contractors wounded in this war, that have gone on to live their lives back home. They are contractor veterans and they have done heroic things in the war, and certainly have sacrificed with their lives and bodies.

David was also working for the British security company Aegis during the war in Iraq, and it is a reminder that the security contracting forces being used in this war come from all over the world. Some companies would be all British or American, or other companies would be a mix of all nationalities. Going through the DoL’s list of countries will give you an idea of how many folks have been involved over the years. And that is just the companies and contractors that filed DBA for injuries or deaths. The true cost in lives and injuries will never really be known…

Either way, bravo to David and to all contractor veterans who are doing what they can to work through their injuries and tackling obstacles back home. –Matt

 

Man injured driving Iraqi bomber off road tackles obstacle course
30th October 2012
A BODYGUARD who survived an attempted suicide bomb attack in Iraq is facing his toughest challenge since suffering devastating injuries in the high-speed crash.
David De Souza was working for private security company Aegis in Tikrit when he bravely intercepted a suicide bomber’s vehicle as it sped towards his convoy.
Mr De Souza drove out of the convoy in his 4×4 to block the suicide bomber and to protect a company boss who was travelling in a vehicle in front of him.
He rammed into the suicide bomber’s vehicle at high speed, smashing into it before coming off the road and rolling over six times.
The incident, on December 20, 2007, left Mr De Souza with a brain haemorrhage and a broken back.
He is now unable to work because of memory problems caused by his brain injury and is also suffering from post-traumatic stress disorder.
A year ago, the 36-year-old, who lives in Ashwood, Kearsley, was unable to run more than mile, but next month he will take part in Tough Mudder, a gruelling 12-mile obstacle course in Malpas, Cheshire, in memory of his niece, Maddie Rose Gooch.
The challenge will be both a physical and mental test, as Mr De Souza suffers from his post traumatic stress disorder and “catastrophic thinking”, which means he often imagines the worst-case scenario, which includes events relating to his 35-year-old wife, Lisa, and their children.

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Saturday, November 3, 2012

Publications: CRS On Contracting–Learning From The Past And Preparing For The Future, By Moshe Schwartz

This is a great little document, just because Moshe Schwartz has been in the middle of this contracting reporting game for a long time, and has come up with some great lessons learned. He also works for the congressional research service and has authored several reports on the war that I have commented on in the past.

Some stuff that jumped out at me was the idea of teaching ‘how to manage contractors’ in the military academies and schools. To actually have mock contractors on exercises with the military, so officers and NCO’s have some experience working with this group. Especially since we make up over ‘half’ of the forces in the war–it kind of makes sense that the military should learn to how to work with and manage this force. So bravo to Moshe for pointing this out and I hope the military continues to pursue this and professionalize contractor management.

This leads me to another thought. I think the best group to set up mock contracting scenarios during exercises, would be contractors themselves. So perhaps this would be a niche that a company can provide to the military? There are numerous companies that provide mock villages and cultural training to the military to better prepare the troops before they deploy. The same concept could be applied to training the military on how best to work with and manage contractors.

One of the mantras of the military is to train as you fight and fight as you train. Given the extent to which contractors may be relied upon in future operations, conducting exercises without contractors could be akin to training without half of the force present. A number of analysts have called for incorporating contractors and contractor scenarios into appropriate military exercises to better prepare military planners and operational commanders for future operations. -pg. 7-8

Another way to look at this is that contractors, much like Iraqis or Afghans, are a group that you must understand ‘culturally’ in order to best work with them. I say culturally, because strangely enough, not all contractors are prior service. And not all contractors come from the US. So you have a lot of factors that the military command has to deal with, if they want those contractors to be assets to the mission and not liabilities.

Which brings me to the next point of interest. Moshe mentioned that as the wars wind down, and troops and budgets get cut, the military will be looking for ways of saving money and expanding the usefulness of the manpower they have. So to do that would require a smarter use of contractors to support the programs they have. The British mentioned this as well in their drive to save money and stay operational.

To what extent will potential budget cuts or force structure changes impact DoD reliance on contractors?
As discussed in this report, post-Cold War budget cuts resulted in an increased reliance on contractors. According to reports, budget cuts and plans to restructure the military in Britain will result in an increased reliance on contractors to provide operational contract support. Further budget cuts to the US military could have similar result. One question for Congress is to what extent budget cuts, the imposition of personnel caps, or a restructuring of the force will lead to an increased reliance on contractors? -pg. 12

Not only that, but if you remember the paper written by Bruce Stanley as to the relationship between the cycles of war and contractor use, it makes even more sense why we should remember these lessons so we can be prepared for future conflict.

This study argues that when political leaders choose to reduce their nation’s military force structure, they may face conflicts beyond their anticipated scope and duration. Such decision-makers are left with no choice but to legalize and legitimize the use of PMCs resulting in the increased use of PMCs as a deliberate tool of foreign policy.

Or how I interpret this is that a nation wants to enjoy the peace dividend when the war ends, so they cut budgets and reduce the force to make everyone happy and recover economically. But then another war happens several years down the road, and you go to war with army you have and not the one you wish you had. So we play catch up and we use contractors to fill the gaps or assist in support–which is what happened in Iraq and Afghanistan post Cold War.

Contractors are pretty vital to that game of catch up, which is of strategic importance to this nation. So yeah, learning from past mistakes and preparing for the future is something we need to do here, and bravo to Moshe and others for making that point.  –Matt

 

Operational Contract Support: Learning From The Past And Preparing For The Future, By Moshe Schwartz

Wednesday, October 31, 2012

Publications: Contractor Support Of USCENTCOM AOR, 4th Quarter FY 2012

The interesting part of this report is that there is very little change from last quarter as far as the overall numbers. In the 3rd quarter, there were 136,901 contractors overall, and in this quarter there are 137,407. So it is an increase, but by a small margin.

The other thing that jumped up at me was that contractor numbers actually increased in Iraq. In the third quarter we saw 7,336 and in this quarter we see 9,000!

We also see some numbers for the APPF force which was supposed to replace contractors in Afghanistan. The statistic that perked me up was the amount of ‘risk management consultants’–220– that was required to watch over the 2,407 APPF folks. These risk management consultants are contractors that represent the companies, and it is just funny that with all of this attention placed on the APPF being the solution, that they still need that many ‘consultants’. lol

The other interesting statistic is the Private Security numbers, or the armed contractors in both Iraq and Afghanistan. In Iraq, there is more use of security contractors from other countries other than the US. The local national use really hasn’t changed that much.

In Afghanistan, you see an increase in US private security use. In the 3rd quarter we saw 480 US security folks, and in the 4th quarter we see an increase to 2,014! Now I am going to speculate that perhaps the reason for this, is the increase in insider attacks and an increase in using Americans to guard FOB’s. The military is wanting to hand over the security of these bases so that it can save some money and use the remaining manpower for training missions or combat support for their other operations out there. –Matt

 

Contractor Support Of USCENTCOM AOR, 4th Quarter FY 2012

Thursday, October 25, 2012

Industry Talk: As The Wars Wind Down, How Will The Industry Adapt?

The most vulnerable firms, many in industry say, may be those who have relied on ongoing U.S. military work that is now drying up as the Pentagon “Operational Contingency Allowance” – the additional funding earmarked for the wars – tapers off.
At its peak, the U.S. Commission on Wartime Contracting, a bipartisan legislative commission established to study wartime contracting in Iraq and Afghanistan, estimated there might have been as many as 260,000 contractors in the two countries...
“At the moment, everyone is looking for work that is not OCA-funded,” one industry executive told Reuters on condition of anonymity, saying he expected an era of mergers and even bankruptcies. “It’s going to be like when the tide goes out at the beach and you suddenly find out who has been naked.”

With this post I wanted to identify some trends in the industry that I am seeing as the wars wind down and budgets get tighter. I have posted a couple of articles below that will give you an idea as to what companies are doing and what their strategies are for survival or for growth.

What is interesting with DynCorp and EODT, is their focus on maintaining dominance as to what they are good at. DynCorp is all about aviation and EODT is all about mine clearing. Although both companies do other things in the industry, it is obvious in the posts below that they are taking actions in the market that position them as leaders in these niches.

EODT merging with Sterling International, to form a new company called Sterling Global International is an example of the kind of mergers the top quote was referring too. What is interesting with this move is that for mine clearing operations in the worst parts of the world, you need all sorts of folks to make that happen. From the security to protect those mine clearing technicians to the logistics tail to support an operation. These are all things that EODT did in Iraq and Afghanistan, and by joining forces with SI, they are able to reach other markets. Here is a hint to what they are looking at.

The release said Sterling manages a $175 million weapons removal and abatement program for the State Department, and Kaye said that in comparison to EODT, the Virginia firm is more involved in the work of nonproliferation.
“While the activities that (EODT does) are nonproliferation, they’re much more in a mass-quantity stockpile reduction,” he said. “Sterling is on the forefront of … assisting countries with treaty compliance (and) establishing mine action centers.”
Kaye said Sterling has approximately 150 employees, and the new company will have about 3,500 employees.
After a round of layoffs earlier this year, EODT said it had 250 American employees and 3,000 foreign nationals.
Kaye said Sterling International’s program manager for conventional weapons destruction will remain in that position with the new company……The release said the combined companies will continue to serve existing customers, but will also expand into markets including energy exploration and development and judicial and criminal justice support.

So this new mega mine clearing company will continue to pursue munitions destruction and assist countries in compliance with treaties. I also imagine the Arab Spring is leaving a lot of unexploded munitions all over the place, which if investors want to do business in some of these places, someone needs to remove this dangerous trash of war.

But the big one that perked me up is the mention of energy exploration that was talked about in the next article. One company mentioned was Garda World and their work in Iraq.

Even with U.S. troops gone from Iraq and the number of government contractors down, some companies say they are finding strong demand from energy firms for protection, particularly around Basra in southern Iraq.
“We are as busy as ever and the need has never been greater,” said Pete Dordal, senior vice president at GardaWorld, a global risk management and security services firm. “I don’t want to say it’s a gold rush, but business is very good.”

A gold rush? Interesting, and I imagine that with unrest in the middle east, all energy companies are looking hard at their security and hardening up.  Iraq is just one example of the kind of risk that energy companies are willing to make when it comes to resource extraction in really bad places. Libya is another example, and capable PMSC’s that can protect these energy companies are essential. (11 plus years of war have definitely produced companies that are certainly capable of providing protection in war zones and third world countries)

Another area mentioned was maritime security and the demand for that. Although I am seeing that market getting extremely saturated with companies, all fighting over contracts. But it is an area to get into and I do not see piracy going away any time soon. An example of that is that piracy increased off the west coast of Africa.

The article made a mention of the whole private navies thing, and they are right. I have not seen this get off the ground yet. It’s close, and we will see if it ever sets sail.

One area of business that was brought up in the article was evacuation of clients from countries that have fallen due to the Arab Spring or other disasters. Check out the contract Control Risks had in Libya, and I imagine the company they did this for, paid a pretty penny.

Private security firms, insiders say, evacuated the vast majority of the thousands of foreign nationals plucked from Libya as its civil war erupted early last year. Most were contracted by other private firms, although governments also used them heavily. London-based Control Risks told Reuters last year that China hired it directly to fly hundreds of its nationals out by airliner.

Other areas mentioned or business that I think will add to the market is supporting UN missions like AMISOM, or supporting the post-reconstruction efforts in countries after wars or disasters. Yet again, thanks to the Arab Spring and the wars, and the destruction that has come out of that struggle, there are plenty of places requiring the services of capable companies.

The article ended with an excellent point by Edmond Mulet.

“In some places, contractors might be more effective than some of the troops from contributing nations,” said Edmond Mulet, U.N. Assistant Secretary General for Peacekeeping Operations.
“But the U.N. is simply the sum of its member states and some of them are opposed to the use of contractors in some roles,” he told the conference.

For companies to be marketable, they will have to continue to fight this poor image that the industry is painted with–thanks to the actions of the few. Things like the ISO standards or the ICoC are great for promoting the idea that the industry is trying to correct itself, but there is one thing missing in the industry that I have been hammering on since the beginning of this blog. Leadership.

I believe the secret sauce to the success for all companies, is a focus on fielding good sound leadership to support contracts. It is the leader that will ensure the contract is followed and that operations are sound. It is the leader that will work hard to take care of his people and prevent any actions that might embarrass the company or client. And it is the act of a smart company that supports or grows or hunts down outstanding leaders–and rewards these folks. Leadership, leadership, leadership, and I cannot say it enough.

Clients need good capable contracting leaders as well. Someone that actually cares about constructing a sound contract and cares more about best value and less about what is cheapest. You need a contracting officer who cares–who acts like they are constructing a contract for a doctor who would be assigned to their mother–or a body guard who would be assigned to their mother. Budget constraints will be difficult, but folks must have the courage to do what is right with this stuff.

So the final article is about Dyncorp’s Steven F. Gaffney and his thoughts on the future. I always like hearing what the leaders of companies say, and you can get a real feel sometimes as to what they are optimistic about or concerned about. Here are his thoughts on leadership and what is working in his company.

What have you been focusing on?
It really comes down to: Do you have the right people doing the right things? Are you organized the right way? And the business systems that you have in place — are they strong enough to support the pressures of the business? About 90 percent of our top three levels of leadership are either new to the company or they’re new in position. In two years, we’ve restructured twice around getting to the right market-focused, customer-focused type of organization. We stood up a new business development organization, and we were able to move our win rates from the low teens to close to 50 percent of everything that we bid.

This is very interesting, because he has identified a weakness of the company (I imagine it applies to other companies as well). 90 percent of your top three levels of leadership being new to the company or new in position is not something to cheer about. That is great that the company has re-organized and has achieved a higher ‘win’ rate for contracts, but how can these leaders possibly be effective in carrying out policy if they haven’t a clue about the company’s history or lacks any memory or experience working for the company?

I would also be curious as to why so many new leaders? Is that because of high attrition or is this because of expansion? That is great that the company is winning so many contracts, but if you do not have capable and experienced leaders to implement that stuff, the company is going to have problems.

The other part of interest was the future of the company as the wars wind down?

What’s your strategy as the wars in Iraq and Afghanistan wind down?
I joined the company knowing full well that the changes were going to happen in Iraq and Afghanistan. In fact, many of the programs that we have today — the goal is really to put yourself out of a job. In 2003, when we became one of the largest trainers of police in the Middle East, we knew that the goal was to train a country so that they could perform the function themselves. We’ve been thinking about this issue around what’s next for some time, and that’s why we’ve been working to rebalance our portfolio since I got here. Our aviation business, for instance — today it’s a third of our revenues and half of our earnings. That wasn’t the case two short years ago. A couple months ago, we made a small acquisition in the aviation business to fill a gap that we had, not for the business that we have today but to compete for business two years from now and also get us into the commercial space.

That’s their plan–to rally around aviation. Which is their ‘bread and butter’ and totally makes sense to me, but it would have been nice to hear the other areas of interest.

One area that was not talked about too much in all of these articles was the future of government service contracts as the war winds down. The US government still has a presence in places like Iraq and Afghanistan, and embassies and consulates there and around the world will still require armed security services and logistics. These contracts will continue to be highly competitive as the US continues to reduce involvement in those countries and the available re-construction/COIN related contracts decrease. Training gigs will still be present, but as budgets get tighter and involvement in those countries continues to be politically difficult, eventually that will go away. But we will see how it goes, and there will still be investments in those countries, and the US and it’s partners will still have interest there.

Pretty interesting stuff and we will see how it goes. If anyone has any other ideas or things that I have missed here, by all means please add to the post by commenting below. –Matt

 

Peruvian private security guard, Green Zone Iraq. -Artist Steve Mumford

 

EOD Technology merges with Sterling International
By Josh Flory
October 24, 2012
An East Tennessee defense contractor has joined forces with a Virginia firm.
Lenoir City-based EOD Technology announced Wednesday that it has merged with Reston, Va.-based Sterling International to form Sterling Global Operations.
The new company will be based in Lenoir City, and EODT CEO Matt Kaye will serve as president and CEO of the new venture.
Kaye said Wednesday that the combined companies form “the world’s preeminent conventional munitions disposal organization.”
Asked about the benefits of the deal to EODT, Kaye said that “it really diversifies our customer base. It strengthens our footprint around the world and provides us greater breadth and depth of resources.”
EODT got its start in 1987 as a company specializing in explosive ordnance disposal, and for years specialized in cleaning up contamination at former U.S. military sites. During the George W. Bush administration, EODT branched out into security operations and eventually became a major player in that market.
The company has also received some unwelcome scrutiny in connection with that work, though. In 2010, a U.S. Senate committee criticized EODT for its hiring practices in Afghanistan, and the following year it was revealed that the U.S. State Department had fired the company from a contract to guard the U.S. Embassy in Kabul.
EODT was raided by federal agents in 2010, although no charges have been filed in connection with that episode.
According to a news release, EODT’s employee stock ownership plan acquired Sterling International. Terms of the deal were not disclosed.
The release said Sterling manages a $175 million weapons removal and abatement program for the State Department, and Kaye said that in comparison to EODT, the Virginia firm is more involved in the work of nonproliferation.
“While the activities that (EODT does) are nonproliferation, they’re much more in a mass-quantity stockpile reduction,” he said. “Sterling is on the forefront of … assisting countries with treaty compliance (and) establishing mine action centers.”
Kaye said Sterling has approximately 150 employees, and the new company will have about 3,500 employees.
After a round of layoffs earlier this year, EODT said it had 250 American employees and 3,000 foreign nationals.
Kaye said Sterling International’s program manager for conventional weapons destruction will remain in that position with the new company.
Sterling’s website does not identify the company’s top executives, and Kaye declined to identify the founder or CEO of the company. “He’s asked not to be named,” Kaye said, adding that the individual would stay on as an executive adviser.
The release said the combined companies will continue to serve existing customers, but will also expand into markets including energy exploration and development and judicial and criminal justice support.
The new company will have annual revenues of $150 million.
Story here.
—————————————————————-
As Iraq, Afghan wars end, private security firms adapt
Sun, Oct 21 2012
By Peter Apps
On a rooftop terrace blocks from the White House, a collection of former soldiers and intelligence officers, executives and contractors drink to the international private security industry.
The past decade – particularly the U.S.-led wars in Iraq and Afghanistan – provided rich pickings for firms providing private armed guards, drivers and other services that would once have been performed by uniformed soldiers.
But as the conflicts that helped create the modern industry wind down, firms are having to adapt to survive. They must also, industry insiders say, work to banish the controversial image of mercenary “dogs of war” that bedevil many firms, particularly in Iraq.

(more…)

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