KBR Contracts Are ‘Majority’ of Fraud Referrals

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KBR Contracts Are ‘Majority’ of Fraud Referrals (Update2)

By Tony Capaccio

May 4 (Bloomberg) — Billings from KBR Inc., the Army’s largest contractor in Iraq, constitute the “vast majority” of 32 cases referred by government auditors for criminal investigation, the Pentagon’s top auditor said today.

April Stephenson, head of the Pentagon’s contract audit agency, told the Wartime Contracting Commission that in the agency’s history, “I don’t think we are aware of a program, a contract or a contractor that’s had this number” of referrals.

KBR, then a unit of Halliburton Co., won a contract in December 2001 to provide worldwide support for U.S. troops’ housing, food, laundry and fuel services. The contract’s value grew to $31.7 billion, with most of the work being done in Iraq and Kuwait.

The referrals for potential fraud started in February 2004, almost a year after the U.S.-led invasion of Iraq, with the most recent referral in March, Stephenson stated. The cases include billing for unallowable costs, accepting bribes, falsification of time cards and subcontractor over-billings for laundry, guard services and dining facilities, she said.

Stephenson didn’t stipulate how many of the 32 cases stemmed from KBR’s Army logistic contract or from follow-on work it has been awarded since that contract ended in 2007.

KBR’s Response

Heather Browne, spokeswoman for KBR, said in an e-mailed statement that the company “in no way condones or tolerates illegal or unethical behavior,” and “when KBR has discovered wrongdoing of any sort by an employee, we have swiftly reported it to the government.”

The two-year contracting commission was established by Congress in the fiscal 2008 budget to investigate potential contracting abuses in Iraq and Afghanistan.

Over half of the 32 referrals “address suspected irregular conduct by subcontractors,” said Stephenson, head of the Defense Contract Audit Agency.

KBR’s system for monitoring subcontractors’ costs has been repeatedly criticized as inadequate by Pentagon auditors — most recently in an audit DCAA completed last week, Stephenson said.

Pentagon auditors since 2003 have found “various instances where KBR awarded purchase orders and subcontracts to other than the contractor with the lowest bid” and the company “did not provide adequate justification for the award to the higher- priced subcontractor,” she said.

The audit agency “found many examples where KBR did not take aggressive action to obtain sufficient data” from subcontractors “to ensure the lowest possible prices for the taxpayer,” she said.

‘Unprecedented’ Referrals

Stephenson, in an interview after the hearing, said it’s “unprecedented to have that many” referrals “on a particular program. If you look at the programs we have across the agency, having one referral is significant.”

“But to have something in the category of ‘majority of 32’ is really unprecedented,” she said, referring to the initial logistics contracts.

The problems with KBR’s cost accounting and its management of subcontractors were also “unprecedented,” Stephenson said.

“It’s the cost issues, it’s the systems issues, it’s the systemic issues,” she said. “We don’t get into the ‘quality’ aspects of what they do and I understand they do that quite well. It’s the referrals, the number of deficiencies that continue in the system — year after year,” she said.

“It seems as though it takes a significant period of time to get these deficiencies corrected and that’s worrisome,” she said.

Last week’s DCAA audit examined KBR’s purchasing systems, including subcontractor controls — a large part of the logistics contract — and found it to be “inadequate,” she said. “Some of the same problems” disclosed in audits several years ago “still existed,” she said.

Houston-based KBR was spun off in 2007 from Halliburton, the world’s second-largest oilfield-services company. KBR rose $1.27 to $17.17 at 3:15 p.m. in New York Stock Exchange composite trading.  (Click HERE to read original article)

Other related articles are:

KBR Connected to Alleged Fraud, Pentagon Auditor Says

KBR wartime support contract criticized at hearing

I guess I find this all….how can I say….interesting. KBR has always bragged about the high marks they have received for the high percentages of available award fees. Hmmmmm something is amiss. I suspect it is in the DCMA.

Ms Sparky

Pentagon Protecting KBR? Say it isn’t so!!

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Senators Accuse Pentagon of Stalling to Recover Millions From Contractor

By JAMES GLANZ
Published: May 3, 2009

The Pentagon has done little to collect at least $100 million in overcharges paid in deals arranged by corrupt former officials of Kellogg Brown & Root, the defense contractor, even though the officials admitted much of the wrongdoing years ago, two senators have complained in a letter to Defense Secretary Robert M. Gates.

The letter also said that the Army had almost completely failed to move away from the monopolistic nature of the logistics contract that has paid the contractor, now called KBR, $31.3 billion for logistics operations in Iraq, Kuwait and Afghanistan.

The New York Times obtained a copy of the letter, dated Friday, by the senators, Claire McCaskill, Democrat of Missouri, and Susan M. Collins, Republican of Maine. Senator McCaskill is chairman of a contracting oversight subcommittee of the Senate Homeland Security and Governmental Affairs Committee, and Senator Collins is the subcommittee’s ranking Republican.

Their letter is likely to revive allegations that the Pentagon has become so close to KBR, and relies so heavily on it, that there is little inclination or incentive to discipline the company, in response to either Congress or critics outside the government.

In 2007 the Army split the logistics contract, known as Logcap, in a way that allowed several companies to compete for each new need. The Army did this partly to avoid relying solely on KBR, whose pricing practices, even when technically legal, have sometimes received criticism as exorbitant. But the Army has seldom used the newly competitive arrangement.

The senators wrote that as of February, the latest date for which the subcommittee had received information, the Army had “not awarded a single task order for work in Iraq,” the biggest source of logistics work.

In pressing for use of the new competitive arrangement, the senators cited 2008 legislation that calls for competition by multiple companies on military contracts unless there is “a compelling reason not to do so.” The senators also brought up Congressional testimony by the Army’s chief of logistics that they said indicated the Army had no such compelling reason.

Reached for comment, Dan Carson, a spokesman at the Army Sustainment Command in Rock Island, Ill., which administers the work, pointed out that under the new competitive arrangement, in which KBR, Fluor and Dyncorp submit bids, Fluor and Dyncorp have received some work in Afghanistan and Kuwait. Mr. Carson said that the Army was working toward awarding work in Iraq under the new competitive arrangement.

A spokeswoman for KBR, Heather L. Browne, said all of KBR’s logistics contracts have been won competitively. She added that “when KBR has discovered wrongdoing of any sort by an employee, we have swiftly reported it to the government, and said the company “in no way condones or tolerates illegal or unethical behavior.” KBR itself has not been accused of wrongdoing in any of the cases of fraud by former employees.

Ms. Browne made clear that the company intended to continue its logistics work, saying KBR remained committed to high quality and to “engaging in a transparent and fact-based dialogue with the government.”

The letter and the Pentagon auditing documents that back up its conclusions are likely to be a point of discussion in Washington on Monday, when the Wartime Contracting Commission, a bipartisan legislative commission, is scheduled to meet on the logistics program, according to its Web site.

To the irritation of KBR’s critics, the Army has generally upheld the bills the company has submitted to the military, even when the Pentagon’s own auditors have questioned the amounts. But the argument that the Army was overcharged appears to be more clear-cut in the cases of several former KBR officials convicted of accepting bribes and kickbacks.

In those cases, the Army asked KBR to perform a certain task under the Logcap contract, like buying living trailers or building a dining facility, and the KBR officials found subcontractors in the region to carry out the actual work. The officials took bribes to steer the work toward subcontractors who were not the low bidders, or simply inflated the worth of the contracts once they had been awarded.

In the contracts handled by just one of those officials, Stephen Lowell Seamans, who pleaded guilty to bribery and conspiracy in March 2006, Pentagon auditors quickly found potential excess profits by a Kuwaiti subcontractor of $49.8 million, or 76 percent, “as a result of Mr. Seamans’s fraudulent activities,” the senators wrote.

Of $306 million in tainted contracts, at least $100 million of the charges appeared to be unjustified, wrote the senators. (click HERE to read original article)

Oh My Freakin’ God.  Heather Browne, do you have to email those statements? You must. There is just no way that anyone with even 1/2 a KBR brain could say those absurd words without laughing their ass off. Because the rest of the world is gagging!This has to be one of the most ridiculous series of statements you have released so far. There is a special place in KBR hell just for you Heather Browne!! It’s sitting right next to Saddam’s “Baghdad Bob”! IMHO

Ms Sparky

After four years only 25 of 41 incinerators are in place

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25 of 41 ordered incinerators are now in place on Iraq bases

10 Iraq-bound units nixed after troop relocations
By Joseph Giordono, Stars and Stripes
Mideast edition, Sunday, May 3, 2009

The U.S. military now has 25 operational solid waste incinerators on bases in Iraq out of 41 ordered more than four years ago.

According to officials with Multi-National Corps—Iraq, three more incinerators are being installed, two are “on hold” and 10 are not being installed because of a decline in the number of troops at those bases. One other incinerator has been constructed, dismantled and is being relocated.

The lack of incinerators and the open burning of all manner of trash on bases in Iraq and Afghanistan are at the heart of a series of lawsuits filed in several states last week. The suits accuse defense contractor KBR of knowingly endangering troops and contractors with toxic fumes.

KBR has denied the allegations. (Read the rest of the story here…)

Posted in Burn Pits. Tags: . 2 Comments »

Equipment provided by contractors caused electrocutions, says DoD

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Generator made by Muhlenberg firm designed to prevent electric shocks; military will use units

By Mary E. Young; Reading Eagle 5/2/2009

WATCH: Paul M. Richard discusses the generators

A Muhlenberg Township defense contractor unveiled electric generators Friday designed to prevent shocks like those that severely burned a Hamburg soldier and killed 14 military personnel in Iraq since 2003.

Fidelity Technologies Corp. has received a $24 million contract to begin producing the Army-designed equipment expected to save soldiers from the fate suffered by Army Pfc. Justin Shults, 21, U.S. Rep. Tim Holden said.

“It will save lives,” Holden, a Schuylkill County Democrat who represents part of Berks, said during a tour of Fidelity. “It will stop injuries. It will save money. It will create jobs right here in Berks County.”

Fidelity President J. David Gulati said his company will hire 60 additional people by the end of July, and the company will begin producing 250 systems a month starting in September and running through October 2010, for a total of 3,500.

Paul M. Richard, a deputy project manager for the Defense Department, said the systems will save 275,000 gallons of fuel a year because they will replace many smaller, conventional generators and require fewer trucks to move them around.

The system is safer because it has proper grounding, he said, adding that generators that were defective or improperly installed and grounded have been causing the problems in Iraq.

Instead of using many small generators, the new system consists of one large generating unit, which powers many circuits via a panel of circuit breakers, similar to those used in most houses, Richard said.

If the system detects a potential hazard, the circuit trips and shuts down, preventing shocks, he said.

“The risk of electrocution is greatly reduced,” Richard said. “It’s as safe as hooking up the power in your own house.”

Gulati said the company put the new equipment, known as Power Distribution Illumination System Electrical, through rigid environmental testing to make sure it would be safe under extreme weather conditions, temperature variations and when exposed to water.

Shults, a military policeman, was shocked as he entered a shower trailer. He is recovering at Fort Sam Houston in Texas.

At least three soldiers were electrocuted while taking showers.

Richard said defective equipment provided by government contractors, not Army-produced equipment, caused the electrocutions. (click HERE for original article)

That is a very powerful final statement. It’s great to see Mr. Richard telling it like it is.

Ms Sparky

KBR “bitch slaps” Judge

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KBR plans to appeal judge’s decision in Shaler soldier’s death

By The Tribune-Review
Friday, May 1, 2009

The defense contractor being sued by the parents of a soldier from Shaler who was electrocuted in Iraq indicated Thursday that it will appeal a judge’s decision not to dismiss the case.

KBR Inc. filed a notice stating it will ask the 3rd U.S. Circuit Court of Appeals in Philadelphia to reverse a ruling made March 31 by U.S. District Judge Nora Barry Fischer, who refused to dismiss the wrongful death lawsuit filed by Staff Sgt. Ryan Maseth’s parents, and Douglas Maseth.

Maseth, 24, died Jan. 2, 2008, while showering in Baghdad. The lawsuit claims KBR was responsible for shoddy electrical work performed on the building.

KBR unsuccessfully argued that a federal judge has no jurisdiction to examine military decisions made in a war zone and that it is protected from such lawsuits because it is a military contractor. (click HERE for the original article)

I don’t know. I’m not a lawyer, but I would think it would not be a great tactical move to piss off the US District Judge that is probably going to hear your case in the end. A Judge who spent a year on the decision, knowing full well this is a precedent setting case. One who feels the opinion is fair and just. What a slap in the face. Yes, apparently KBR has this legal right to appeal.  It just sounds like a last ditch effort to stall.

Today was the Q1 2009 Earning call between KBR’s Bill Utt (and others) and various Market Analysts. Here is one question that an analyst asked Bill Utt about KBR’s litigation’s.(click HERE to read it all) I bolded my favorite parts.

Andy Kaplowitz – Barclays Capital

Bill, clearly there’s been an uptick in litigation activity around the company over the last couple months. And I’m just kind of wondering how we should think about it? We’ve seen in the press sort of the what you guys have said about it and I have my own feelings, but can you give us your view on how we should think about this uptick and if it does impact your ability to win LOGCAP work?

Bill Utt

We haven’t seen any issues arising in our LOGCAP work from this litigation, directly as a result of suits being filed against KBR. We are obviously subject to a lot of cases and we’ve obviously been dealing with a lot of issues here in terms of these past arbitration, the FCPA awards, et cetera, which are behind us, they’re largely behind us in the case of the arbitrations. And we’re going to spend a little more time talking about what our thoughts are on these litigations. I will tell you there’s a lot of stuff we see out there that appears to be opportunistic in terms of people more interested in civil suits than they are against alleged perpetrators. We still are fighting in court on issues regarding Defense Base Act and the broader indemnities and really what is the liability of a contractor in the battlefield compared to what a contractor’s responsibility might be in Downtown, Houston, Texas. And we are winning a lot of those issues and we are getting the courts to affirm our positions and our arguments on these. It doesn’t get the press coverage like the filings, which are generally more sensational. There is a noise factor with it. We believe that we have good defenses as a result of not only protections provided to us, we work for the Army, the Army gives us direction, the Army tells us what to do, when to do it, often times how to do it, and we’re going to fight it.The good news is it’s not taking a lot of our management time here in Houston to deal with this. We’ve got good counsel putting good arguments forward and I think over time lot of this noise will wane. But until then it’s really you have to form your own conclusion about what does this mean but we still believe we are in a very good position regarding our actions and our liability for the events that have happened. But at the end of the day we believe the facts are on our side that will lead us to come through this relatively unscathed.

KBR claims complete and total ignorance…I mean  innocence. According to KBR is should be open and shut!!

“Me thinks thou doth protest too much” GO TO TRIAL ALREADY!!!

Ms Sparky

KBR has blocked “Ms Sparky” from their servers

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As of yesterday (March 31, 2009)  MsSparky.com has been block from the vast majority of KBR’s servers and for those complaining, there’s not a damn thing I can do about it. Sorry!! KBR owns the servers and therefore can censor the info you receive….kinda like North Korea! So for those KBR employees in the US, Iraq, Afghanistan, Kuwait and Dubai who still want to keep up with what’s going on via MsSparky.com, here are a few suggestions.

1. For those KBR employees in the States, you will have to access MsSparky.com from home, Starbucks or any other system. For those in the Middle East, access MsSparky.com from the internet in your room if you have it. Be a good co-worker and copy and save it as a PDF so it can not be changed and then attach it to an email and send it to your friends via their non KBR email accounts, ie Yahoo, Hotmail, Gmail etc. If KBR is even still allowing you access those. Sending a “link” for MsSparky.com won’t work. You must copy the text of the post.

2. Try accessing MsSparky.com from a non KBR computer. Try a military MWR, military office or another contractors server or a friends internet access from their room.

3. Ask someone from the States to read MsSparky.com, copy it, save as a PDF and send it to you if possible.

4. I will be setting up an email list to send out “text only” copies of my posts. Unfortunately is won’t include comments. If you would like to leave a comment on those posts, just email me your comment and I will add it myself.

5. If you would like to be on that email list, send me an email via the “Contact Us” page (tab at top on right) or mssparky@mssparky.com. I am the only one that can see your email address. Give me a couple of days to get this going. If you have a specific question ask it and I will try to answer it for you.

6. You can continue to send information to mssparky@mssparky.com or the “Contact Us” page if you have access. Or, print it and mail it to DJ Crawford, PO Box 1278, Battle Ground, WA 98604.

I am going to look into cross posting my posts at other sites. I’ll let you know. I suspect that KBR will block those as well.

All I can say is….we must be doing something right.

Keep those cards and letters coming!! LOL

Ms Sparky