Feral Jundi

Thursday, December 22, 2011

Legal News: A Former Security Guard Files A Class Action Against SOC

Filed under: Legal News — Tags: , , , , , — Matt @ 10:55 PM

This is interesting because it details a little bit of the recruiting practices of this company. I have heard about the 65,000 a year dollar number thrown around before, but I did not know that SOC was playing around with the numbers like this. Here is the quote:

Risinger, a California resident, says he was hired in 2010 to work as an armed guard at a Baghdad military base , on a 1-year assignment for a flat salary of $65,000. But when he and others arrived in Iraq, he says they were told that the salary was “calculated based upon a $17.36 hourly rate, which hourly rate would dictate class members’ actual pay based upon ‘the number of hours on your time sheet.’ At that hourly rate, without overtime, an employee would earn $36,108 a year. A worker would have to work 72 hours a week at straight time to earn $65,000 a year.

That sounds a lot like the whole ‘bait and switch game’. Meaning they recruit folks with the idea that they would get a specific amount, and then once in the war zone, they would clarify what the individual would really make. Which usually would be less money than originally offered. The IC has the option to suck it up and take the pay cut, or get on a plane and go back home. The companies usually bank on the idea that the IC will just suck it up and stay.

Although the problem with this is that usually this practice creates disgruntled workers, and with good reason. So then you have guys working the contract that could care less about doing a good job, who do not trust the company, and are doing all they can to secure another job somewhere else.

That is a horrible way to do business, and any company that thinks this is an acceptable practice is wrong. You might save a little money in the short term, but you will lose money because you have to keep hiring new guys and fly them over all of the time to deal with high attrition. Not only that, but you are in constant threat of default on contract because you have IC’s that could at any time just leave because they do not want to work for the company. You also lose out on company reputation, and you lose the most valuable asset a company could have–experienced good leaders.

Experienced good leaders are the ones that believe in the company and contract, and have stayed around long enough to know the job really well and know how to manage it. They are also good at leading people, and making sure everyone is happy and doing the job. Any company that has set up a system that does not grow and keep experienced good leaders, will certainly suffer the consequences of such poor practices.

Also, if the government was focused more on best value contracting, and stopped this practice of lowest priced technically acceptable contracting, then they could actually pick companies based on how they treat their people. A contracting officer should be able to take a look at the attrition rate of any company and ask, is this the kind of company we want protecting our camps in the war zones?  And what causes such a high attrition rate within this company?  Or even ask if the IC’s of that company are happy to be there and like the company they are working for?  If the contracting officer is getting some intense negative feedback from a multitude of disgruntled IC’s who do not trust the company, then that might be a sign that the company is not exactly the best folks to do business with. –Matt

Edit: 01/01/2012 By the way folks, the lawyer for this particular class action is reaching out to all former or current SOC contractors and employees listed within a specific time frame. If the case is successful, then expect to get a piece of the settlement or award if you are within that group. Here is the email he was sending out.

We have brought a class action lawsuit on behalf of all SOC employees (former and current) who worked for the Company between December 19, 2009 and December 19, 2011 for unpaid wages, including overtime, rest breaks, meal breaks and possible other items like medical expenses. While the class action process can be slow, we expect to be obtaining from SOC within the next 6 months the names of all individuals that would make up the class of employees. In the meantime, I am also keeping record of all persons, like yourself, who have experienced the labor code violations we allege in the complaint so that I can cross-check the list we get from SOC with the names of the people we have been contacted by to make sure that you are included in the class and any settlement unless you choose not to be a part of it. There may come a time when I do need to get declarations from persons like you to support the case and when that happens, I will certainly reach out to you.

Best, Scott

Scott E. Gizer- Partner Early Sullivan Wright Gizer & McRae LLP,  sgizer@earlysullivan.com www.earlysullivan.com phone: 702 990 3629

 

Ripped Off in Iraq, Class of Guards Claims
By NICK DIVITO
Wednesday, December 21, 2011

A private security guard in Iraq says in a class action that his employer SOC Nevada made its employees work up to 12 hours a day, seven days a week, in “ultrahazardous conditions” without overtime pay or breaks.    “SOC’s core mission changed from ‘Securing Our Country’ to ‘Lining Its Pockets’ when it began to recruit employees … under false promises of a fixed salary and scheduled with time off,” lead plaintiff Karl Risinger says in the complaint in Clark County Court.     “[D]ue to a lack of adequate staffing driven by corporate greed,” SOC subjected its armed guards to “undue risk by jeopardizing the physical and psychological condition of the class members in the course of ultra-hazardous activities,” the complaint states.

(more…)

Sunday, October 31, 2010

Industry Talk: AGNA Report News–Sloppy Reporting And Range Violations By The IG In Afghanistan

     A senior level review of the misconduct allegations against AGNA personnel, combined with AGNA’s history of contract compliance de?ciencies, led DS, AQM, and Embassy Kabul to conclude that it was in the best interests of the Government to compete a new contract. In light of recent legislation, the KESF contract has been combined with the Baghdad Embassy Security Force and Worldwide Personal Protective Services II (WPPS II) contracts into one base Worldwide Protective Services (WPS) contract.  The new WPS contract is a multi-award, inde?nite delivery, inde?nite quantity (IDIQ) contract that will be awarded on a best value basis. Individual requirements, such as the KESF, will be awarded as task orders under the base WPS contract. The current KESF contract with AGNA expired on June 30, 2010, but performance has been extended until the end of December 2010 to allow for the completion of the acquisition process for the new WPS contract and KESF task order and to provide for an orderly transition to the next provider. -From the Bureau of DS Comments in Report 

     What I wanted to do here is give the former contractors and managers of Armorgroup North America a chance to voice their opinion of the latest report. My inbox is filled with numerous emails from former employees and managers of AGNA, all wanting to tell their side of story. Partly because Congress, State or the IG really could care less about the little guy on the ground, and partly because the report is sloppy. So call this a rebuttal from the little guy.

     This particular email was from a former manager at AGNA, whose identity I will refer to as ‘former manager’. I would hope that this would have some significance to those that are reading this, and that what he has to say pretty much conflicts with what the IG is reporting. Specifically that the weapons issue pointed out in the report was lacking some key points, and that the IG violated the range rules during their inspection.

     I might also add that there is nothing in the report that discusses how AGNA came to be contracted in the first place. The Commission on Wartime Contracting came out with an excellent and damning report about how Lowest Priced, Technically Acceptable contracting is what created the environment that forced State to contract with the lowest bidder.

     It is also interesting to me that Danielle Brian of POGO still asserts that LPTA is a legitimate contracting mechanism for security contracting in war zones, when there has been several reports presented that have identified the horrific secondary affects of this type of contracting in war-zones.

     Best Value contracting would have given State more choice and flexibility in the matter, and they could have gone with the best company for the job and not with the cheapest or technically acceptable. It would not have been a race to the bottom, but a race to the best value company for the job.

    Furthermore, why is POGO so silent about the TWISS program, another example of the failure of LPTA? (did I mention that companies are now considering Sierra Leone contractors as guards because they are cheaper than Ugandans?) I know POGO reads the blog and I have directed everyone that has complained to me, to go to POGO and voice their concern. I would like to think that POGO would actually listen to what the guys on the ground have to say about such things?

     Or why is the Army using LPTA for FOB security in Afghanistan, when the CWC is so opposed to it? I posted a ton of contracts flying that were all LPTA, and here we are trying to convince Karzai to not ban PSC companies. With LPTA, we are giving him more ammunition by putting our lowest bidders, ‘junior varsity squads’ out there. Pffft.

     The other thing that pisses me off about LPTA, is that the troops see the direct result of this on the FOBs. How would you feel if you were being protected by the lowest bidder? It is a simple question, that pisses off most when they come to the conclusion that they don’t like it. Especially if their base has been attacked, like what has happened frequently in Afghanistan.

     LPTA doesn’t work for picking a doctor to cure your sick mother, and it doesn’t work for picking a company to protect your people in a war zone. LPTA is great for picking a company to rake your leaves though. lol You get what you pay for, and that is the lesson I got out of the reports.

    Thats not to say that State or AGNA doesn’t share any fault here, but Congress must take more blame, and all because they insisted on lowballing the security for Embassy protection in the first place.

    Finally, this post is about the guys on the ground who were contracted to operate in this environment. They are the ones that take on the task of trying to make this mess work. No one signs on to a contract to do bad. They sign on so they can be employed and pay their bills/feed their family at home. They sign on because they care about participating in the war. They are also sacrificing by being away from family, or facing death and injury in war-zones–and all for their country and for the war effort. We should support them, not hate them.

     Most guys whom have done the contracting thing for awhile have also worked for numerous companies. A contractor could have worked for Xe, Custer Battles, Erinys, Aegis, AGNA etc., and that is not abnormal nor does that mean the contractor is a bad guy. They are going where the work is so they can continue to earn a living and serve in the war. I am sure when EODT takes over this contract in Kabul, AGNA guys will be ‘switching t-shirts’ and transition under the management of this new company.

     I want to make sure that Congress, State, AGNA, and now EODT knows that these men need leaders who can manage a ‘properly funded, staffed, and equipped’ contract at all levels. These men are not the bad guys, and they deserve the best management we can give them.

     This work force will move mountains for you, if you actually apply a little Jundism to your management principles as well. Know your stuff, have the courage to do what is right, and take care of your people. Trust, but verify. Lead by example. Lead from the front. Your people will support what they help to create. Obtain feedback gold. Create a learning organization and gain a shared reality. Continuous improvement and customer service and satisfaction. Have fun.  All of this stuff is important, and all of it should be geared towards results and getting the job done. –Matt

 

From Former Manager at AGNA

     “Sorry I cannot be more forthcoming with dates and witnesses, most have left. A number of the team in Kabul are upset as great progress has been made and this is rarely acknowledged, we just get the old issues regurgitated and inaccurate reporting. No organisation, or individual, is perfect and mistakes will be made, but, this report is poor and has an impact on individuals and corporations. How can organizations be expected to work with the IG if they produce sloppy reports, it is counter productive. Instead of working on ways to improve the contracting process and performance; it erodes it – people do not put things in writing, everyone tries to cover their backs all the time, every decision takes a long time/ or make poor ones, as people try to assess what an inspector or congressman (who has to be re-elected every two years) might say three years from now and with 20/20 hindsight.”

From IG Report In Regards To The Firing Range

      AGNA does not adequately maintain training records. AGNA firearms instructors failed to sufficiently instruct guards to help correct firing errors. Instructors also qualified guards who did not achieve the minimum qualifying score at the firing range.

From Former Manager at AGNA

     “There are other areas that need to be looked at – such as the statement that AGNA fails to conduct weapon training properly – how can they make this a key finding from a visit to one range? The same range the inspector is removed from the firing line by a former ranger chief instructor for moving in front of the firing line. The same inspector who, in front of the project manager, grabbed an M4 from a guard to check the serial number, not checking the weapon status/ clearing it and muzzle sweeping personnel in the process – we would be disciplined for handling a weapon in this way. How can they say AGNA put guards on post who failed the weapons qual, without checking the source documentation? (which they found difficult to navigate but did not ask the training staff to assist them in finding). Have you looked at the equation they used with regard to rifle quals? It makes no sense to me and I believe the two personnel they say failed actually had passed if you looked at the source document, not the spreadsheet where results are collated. They say guards were on post for 8 months without training, yet they interviewed some of these guards, I would imagine that they should have asked them if they had undergone training and when? If they were trained prior to standing post (which they were) then it is an issue of maintenance of records, which is still a problem to be highlighted and resolved, but does not effect the security of the Embassy.”

From IG Report In Regards To Weapons

     AGNA’s current control of U.S. Government-furnished property is generally satisfactory, but AGNA cannot account for 101 U.S. Government-furnished weapons that have been missing since 2007. Additionally, from July 2007 until September 2009, AGNA used U.S. Government-furnished weapons to train guards when contractor-furnished weapons were required by its contract. OIG calculates that AGNA’s loss and misuse of these U.S. Government-furnished weapons cost the government $431,000.

*****

     OIG found that AGNA cannot account for 101 U.S. Government-furnished assault ri?es of a lot of 116 that was to be returned to the U.S. Government in July 2007 under a contract modi?cation. OIG found one missing assault ri?e of this lot under a desk in an AGNA of?ce. The photo on the right in Figure 3 shows the assault ri?e as found under the desk. DS was able to locate an addition 14 weapons that had been transferred to other State Department of?ces and US Government agencies. Neither AGNA nor DS could provide documentation verifying the return or location of the remaining 101 assault ri?es. OIG calculates this assault ri?e lot is worth approximately $50,000.

     According to correspondence between the Department and AGNA management, from July 2007 until September 2009, AGNA did not provide a suf?cient number of contractor-furnished weapons to the KESF guards. Instead, AGNA used U.S. Government-furnished weapons for training, although the contract required contractor-furnished weapons (U.S. Government-furnished weapons are to be used for guard duty). AGNA and the Department negotiated a ?nancial settlement in which AGNA was to reimburse the U.S. Government $381,000 for the use of these weapons. However, OIG reviewed invoices and found that AGNA has not yet reimbursed the Department. DS of? cials con?rmed that AGNA has yet to reimburse the Department.

From Former Manager at AGNA

     “The original contract and mod 1 contained 116 soviet block weapons that were used on the previous contract, before the Govt supplied US weapons. As these weapons were not going to be used on the program DoS moved them to their own storage unit prior to 1 July 2007 (when AGNA took responsibility for the contract). Consequently these weapons were never part of the equipment handover and AGNA did not sign for them on handover. Because of this the contract was modified in mid July 2007 reflecting this. How can AGNA provide handover documentation for items they were never responsible for? It seems as if the IG assumed AGNA was responsible because the contract mod was mid July, but that is a poor assumption, and the IG was informed of the situation by DS.”

     “From what I understand DoS then gave AGNA some of the weapons (7 or so) to use for identification training (they were generally kept on the training/ briefing room in full view), but they were demilitarized (welded bolt, soldered and bent barrel etc). One of these weapons is the one seen in the photograph in the report. Other weapons were sent to the US for use at DS facilites and the rest were disposed of, although I do not know how. Most of the people involved in this are DoS personnel who oversaw the program handover. Those from AGNA have since left the company. However, with all the scrutiny on this program you would think that DoS would have mentioned AGNA ‘losing’ 100+ weapons before now…”

Comments from the Bureau of Diplomatic Security in Report

     A senior level review of the misconduct allegations against AGNA personnel, combined with AGNA’s history of contract compliance de?ciencies, led DS, AQM, and Embassy Kabul to conclude that it was in the best interests of the Government to compete a new contract. In light of recent legislation, the KESF contract has been combined with the Baghdad Embassy Security Force and Worldwide Personal Protective Services II (WPPS II) contracts into one base Worldwide Protective Services (WPS) contract.  The new WPS contract is a multi-award, inde?nite delivery, inde?nite quantity (IDIQ) contract that will be awarded on a best value basis. Individual requirements, such as the KESF, will be awarded as task orders under the base WPS contract. The current KESF contract with AGNA expired on June 30, 2010, but performance has been extended until the end of December 2010 to allow for the completion of the acquisition process for the new WPS contract and KESF task order and to provide for an orderly transition to the next provider.

Link to report here.

Friday, July 30, 2010

Industry Talk: FBO Solicitations– PSC Services For COB Blackhawk, FOB Tarin Kowt, FOB Hadrian, And ANCOP HQ, Afghanistan

     All of these just popped up the last couple of days and I wanted to get this out there.  Just reading through all of them, they all repeat the same things.  The contracting mechanism will be that concept I loathe called LPTA or Lowest Priced Technically Acceptable. Or what I call the ‘lowest bidder’.  So lowest bidder security is what is acceptable for the protection of our most cherished assets in this war–our soldiers and civilians serving there?

     What really kills me though is that the only ones that can bid are those companies who are registered with the Afghanistan Minister of Interior.  So anyone not on the list is out.

     I certainly hope for the sake of those who will be living at these COBs and FOBs, that when your lowest bidder PSC’s show up to provide protection, that you are able to sleep comfortably at nights. I have no idea if they will be putting these folks up on the walls, or just posting them at interior facilities. Nor do I have an idea of who they will use as security contractors, but you can guess that they will be ‘bottom of the barrel’ forces. And of course it will be pissed off expats running the whole thing and having to manage that mess.

     Either way, the US military has no one else to blame but themselves for using such a god awful contracting tool.  LPTA might be good for trash disposal or pest control, but it is a terrible idea when it comes to protecting peoples lives in war zones. You get what you pay for.

     To put it another way, I would not use LPTA for picking a doctor to save my mother’s life, nor would I advocate using LPTA for protection services in a war zone.  Pfffft. –Matt

———————————————————————

PRIVATE SECURITY CONTRACTOR (PSC) SERVICES @ COB BLACKHAWK, AFGHANISTAN

W91B4L-10-R-0230

COB BLACKHAWK, AFGHANISTAN KANDAHAR PROVINCE,

09355 AF

Department of the Army

Joint Contracting Command, Iraq/Afgahnistan

KANDAHAR RCC

COMBINE

07/25/10

*****

PRIVATE SECURITY CONTRACTOR (PSC) SERVICES AT FOB TARIN KOWT, AFGHANISTAN

W91B4L-10-T-0058

FOB TARIN KOWT AFGHANISTAN FOB TARIN KOWT, 1

09355 AF

Department of the Army

Joint Contracting Command, Iraq/Afgahnistan

KANDAHAR RCC

COMBINE

07/26/10

*****

PRIVATE SECURITY CONTRACTOR (PSC) SERVICES AT FOB HADRIAN, AFGHANISTAN

W91B4L-10-T-0059

FOB Hadrian, Afghanistan FOB Hadrian, 1

09355 AF

Department of the Army

Joint Contracting Command, Iraq/Afgahnistan

KANDAHAR RCC

COMBINE

07/27/10

*****

PRIVATE SECURITY CONTRACTOR (PSC) SERVICES AT ANCOP HQ, AFGHANISTAN

W91B4L-10-T-0077

ANCOC HQ Kandahar Kandahar, 1

09355 AF

Department of the Army

Joint Contracting Command, Iraq/Afgahnistan

KANDAHAR RCC

COMBINE

07/27/10

Thursday, April 29, 2010

Industry Talk: Best Value Versus Lowest Price Technically Acceptable

Brooks further noted that IPOA believes it is unwise to require cost to be considered the ultimate driver in federal procurement, for doing so simply creates a “race to the bottom” where other qualifications are not given due consideration. “We believe that the proposed amendment will result in more contract defaults, poor performance and an overall decrease in the quality of goods and services provided to the services.”

*****

Interesting debate. Doug took the side of the Commission on Wartime Contracting, and POGO is doing their own thing. My thoughts on it all is who wants the lowest bidder protecting them in a war zone? I mean if you were to look at what happened with AGNA in Kabul, or what I call the Kabul Fiasco, that is a prime example of how lowest bidder contracting does not work. In that ‘race to the bottom’, AGNA sure did win that contract, but they also created an impossible environment for their guard force to operate in.( I will spare you the party photos)

I also put in this post, what POGO thought about best value, and why they support the LPTAO(Lowest-Price Technically Acceptable Offer). They think that if the government would have specified what they thought was technically acceptable in the contract, that the Kabul Fiasco could have been avoided in the first place. I think they make an excellent point as well, but yet again, I refer to the common saying ‘you get what you pay for’. I would ask Danielle over at POGO if she would like to be protected by the lowest bidder in a war zone? Would you want the best protecting you, or would you want what was technically acceptable? Do you want the best doctor for the money, or do you want a doctor who is cheap and barely got through medical school-but can still practice medicine?

Plus, when you put the responsibility of deciding what is technically acceptable in the hands of individuals who are being pressured by their management or politics, to reduce cost, what is the limit to what is technically acceptable in their view? Of course you don’t want to overspend for a task, but when there is an environment/culture in government to only seek the cheapest price for a task and not consider other factors, I think that could lead to some serious problems.

Another example of how LPTAO sucks, is the TWISS contracts. Someone in the chain of contracting command, determined what is technically acceptable in regards to the guard force protecting troops under TWISS. What that process has produced is Ugandans or Kenyans standing guard at the gates of FOBs, who are getting paid peanuts and receive minimum training or vetting. All because the government has deemed that the companies supplying these troops are authorized to do so. If you talk to contractors who have worked this contract, they will tell you how incredibly screwed up it is.(the management will tell you it is a glowing success, go figure. lol) But it is all technically acceptable to the powers that be to allow the companies to run the TWISS stuff that way, and the companies keep ‘racing to the bottom’ to win that contract. (I get more emails from guys and gals who are just pissed off about how poor of a contract TWISS is–more than the Kabul embassy contract)

Overall, we should contract these services with a number of factors in mind. Past performance should count, as does cost. Experience in protecting people, and having the technical ability to do so is another. We should pick the best value companies for dangerous war zone duty, much like a patient would pick a doctor for their life saving diagnosis and care. I do think lowest bidder works for some contracts, like leaf raking or sweeping up a garage–stuff where lives are not on the line. But for protecting people in highly complex and dangerous war zones, where lives and government reputation is on the line, you probably want a system of contracting in place in which the government gets the best forces they can get for the money. That’s if they care about the protection of their reputation and people out there?

The government should also focus on getting plenty of competent contracting officers who can managing these contracts, to ensure that the government continues to get a good deal. Unfortunately, the government has been applying lowest bidder mindset to their contracting officer corps, in the form of not paying enough for that job, and not doing the things necessary to build up and strengthen that essential tool of government contracting. –Matt

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IPOA Opposes IMPROVE Act Amendment to End Best Value Competitions

Stability Operations Trade Association Advocates For Use of “Best Value” in Defense Procurement

WASHINGTON-On April 27, 2010, IPOA, the Association of the Stability Operations Industry, sent a letter to the Chairman and Ranking Members of the House Armed Services Committee urging them to oppose a proposed amendment to H.R. 5013 – Implementing Management for Performance and Related Reforms to Obtain Value in Every Acquisition Act of 2010 (IMPROVE Act of 2010). The association asked the congressional leaders to reject an amendment entitled “Requirement that Cost or Price to the Federal Government Be Given at Least Equal Importance as Technical or Other Criteria in Evaluating Competitive Proposals for Defense Contracts.” IPOA fully supports the IMPROVE Act’s goal of more efficiently procuring services to support the Department of Defense. However, the amendment would effectively hamstring the ability of contracting officers to use discretion in awarding contracts and sets the stage for compulsory acceptance of the cheapest offer, minimizing other factors such as experience, quality or past performance.

“Lowest-price security not good enough for war-zone embassies”

IPOA cited an October 1, 2009 report from the Commission on Wartime Contracting entitled “Lowest-price security not good enough for war-zone embassies,” in which the Commission noted the dangers of focusing on price as the determinative factor when selecting contractors for the Department of State. The Commission noted that statutory requirements to select the lowest price can do more harm than good. In fact, the Commission recommended that the provision be eliminated and that the Department of State be given the flexibility to use a best value award process. The House amendment currently under consideration would move the Department of Defense closer to a statutory “low price” award scheme and would go against the clear recommendation of the Commission.

“Forcing the government to contract essential services on the cheap is not a recipe for success,” said Doug Brooks, IPOA President, “if we’ve learned anything over the past nine years it is that cutting corners on oversight or quality in contracting can have dire consequences.” Brooks noted that IPOA supports the concept of “best value” in federal procurements and believes the amendment’s “one size fits all” approach is ill advised.

Brooks further noted that IPOA believes it is unwise to require cost to be considered the ultimate driver in federal procurement, for doing so simply creates a “race to the bottom” where other qualifications are not given due consideration. “We believe that the proposed amendment will result in more contract defaults, poor performance and an overall decrease in the quality of goods and services provided to the services.”

IPOA was founded in 2001 to reflect a clear recognition that the private sector can play a larger, more cost-effective role in fundamentally improving peace and stability operations worldwide. With more than 60 members, IPOA is the leading voice of the stability operations industry.

Story here.

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CWC Findings on Embassy Guards Fiasco Amount to “Blame Shifting”

Oct 06, 2009

On October 1st, the Commission on War Time Contracting in Iraq and Afghanistan (CWC) issued a Special Report. Entitled “Lowest-priced security not good enough for war-zone embassies,” the report places most of the blame for the recent fiasco involving the work of ArmorGroup North America at the U.S. embassy in Kabul, Afghanistan, on the use of a negotiated procurement source selection technique known as “lowest-price technically acceptable offer” (LPTAO).

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