KBR ALL HANDS: LOGCAP IV Announcement (Afghanistan)

Posted on: July 8th, 2009 at 6:28 am — by Ms Sparky
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This ALL HANDS email went out today to KBR employees in Afghanistan. Oh the “shock and awe” of it all! Click HERE for the PDF of the ALL HANDS.

From: Yoshia Hence
Sent: Wednesday, July 08, 2009 12:27 PM
To: DL_KBR LOGCAP III Afghanistan All Hands
Cc: Jim Luchsinger
Subject: ALL HANDS: LOGCAP IV Announcement

By now I am sure you have all heard or read about the LOGCAP IV announcement. First I will tell you I was shocked when I received word last night that we had not been selected for any of the work in Afghanistan . Then I began to think about all we had accomplished over the years in Afghanistan and believe me I could talk about it for hours. All of you should be proud of the role played in those accomplishments. I know I am proud of the service and sacrifice all of you have made in support of this mission.

We now have another mission in front of us and that is transition. This transition will include all our missions in the South to DynCorp and all our missions in the North to Fluor. The transition covers 82 sites and all six task orders. We have not been informed how or what area the Government will want us to start in. The dust will have to settle and numerous meetings will be held before we have any idea of the Government plan.

I know most of you are concerned about what the future is for your continued employment. The one thing you must understand is we have to start transition before there are opportunities with other companies. Also this transition is going to be a very long drawn out process and during that process we have to provide the same level of service we always have. So every employee really needs to look at how much longer they need to be out here before their goals can been met.

We will be fielding questions and holding All Hands Meetings to help you stay informed of what is going on. We will tell you what we know as factual in a timely manner. I ask that you continue to focus on the mission at hand and providing the superb support to the Men and Women of the Armed Forces. I also ask that you think over your options and remember we have month’s worth of work to accomplish.

Jim Luchsinger
Deputy Principal Program Manager
Central Asia
KBR, Inc
APO AE 09354
Office Phone:  281-669-2558
DSN:  431-3055
Cell: +971-502-402 583
Jim.Luchsinger@KBR.com

This e-mail, including any attached files, may contain confidential and privileged information for the sole use of the intended recipient.  Any review, use, distribution, or disclosure by others is strictly prohibited.  If you are not the intended recipient (or authorized to receive information for the intended recipient), please contact the sender by reply e-mail and delete all copies of this message.

Posted in GOV. CONTRACTORS, KBR Contract, LOGCAP III - KBR, LOGCAP-Dyncorp, LOGCAP-Fluor. Tags: , , , . 78 Comments »

KBR Loses Afghanistan to Fluor & Dyncorp

Posted on: July 7th, 2009 at 7:09 pm — by Ms Sparky
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DynCorp, Fluor Win Afghan Support Work Worth Up to $7.5 Billion

By Tony Capaccio

July 7, 2009 (Bloomberg) — DynCorp International Inc. and Fluor Corp. have been picked over KBR Inc. for five-year contracts worth as much as $7.5 billion for each company, if all options are exercised, to support the U.S. troop build-up in Afghanistan, according to an Army official.

Falls Church, Virginia-based DynCorp International Inc. and Irving, Texas-based Fluor Corp. each won basic one-year contracts worth as much as $1.5 billion and four one-year options, Jim Loehrl, executive director of the Army Rock Island, Illinois, Contracting Center, said in a telephone interview.

Today’s awards are the sixth and seventh — and largest — since the program was revamped in April 2008 into a competition that now pits Houston, Texas-based KBR, the incumbent contractor that won the original logistics contract in 2001, against DynCorp and Flour for individual tasks. KBR hasn’t yet won a task order.

KBR “remains committed to providing the Army quality service,” KBR spokeswoman Heather Browne in an e-mail response to a request for comment. “We remain proud of the work we have performed and we are humbled to serve our troops.”

DynCorp will take over services KBR provided for tasks such as laundry, food services and maintenance for existing base camps in southern Afghanistan. It also will build new bases as needed to accommodate the increase to about 68,000 troops from about 57,000 today. Fluor will take over similar services in northern Afghanistan.

Asked why KBR didn’t win any of the new orders, Loehrl declined to provide specifics.

Past Performance

The selection process took into account the technical aspects of a proposal, past performance and cost, Loehrl said.

“The Army awarded contracts to the companies that provided the best value,” he said.

Houston-based KBR, then a unit of Halliburton, won the prior competitive logistics contract in December 2001 and has since become the largest contractor in Iraq. That contract is worth $31.7 billion this year, according to Army figures.

“KBR has a proven track record of serving the military in an austere and unpredictable environment,” Browne said in her e-mail. “Our commitment in this regard will continue.”

KBR has drawn continued criticism from Pentagon auditors for its bookkeeping practices and costs incurred with the contract even as it has been praised by troops and commanders for the services provided.

A congressionally mandated independent bipartisan panel on wartime contracting concluded in its first report last month that KBR wasted billions of dollars through inefficiencies, lax oversight and poor management of its contract.

“The services could have been delivered for billions of dollars less,” the commission said in a report released at a hearing of the House Oversight and Government Reform’s national security panel. “Substantial evidence supports the view” that KBR’s services “cost too much.”

Loerhl said KBR was entitled under the law to protest the awards.  (click HERE for the original article)

First KBR loses Kuwait and now Afghanistan. Hmmm. If we can’t get them to pay in the “jury award” area, we can try to get them in the “no more billion dollar contracts” area.

Looks like I have a new Heather Brown quote!! “We remain proud of the work we have performed….” Really?

Ms Sparky

Posted in Commission on Wartime Contracting (CWC), GOV. CONTRACTORS, KBR Contract, LOGCAP III - KBR, LOGCAP-Dyncorp, LOGCAP-Fluor, Reports & Investigations. Tags: , , , , . 106 Comments »

KBR came to the rescue?? A bit overstated I think!

Posted on: July 6th, 2009 at 8:39 am — by Ms Sparky
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Pentagon Inspector General Probes Afghan Headquarters Contract

By Tony Capaccio

July 6, 2009 (Bloomberg) — The Defense Department’s Inspector General is probing allegations that the Army Corps of Engineers accepted a $28.7 million headquarters building in Kabul, Afghanistan, with leaking pipes, sinking sidewalks and unusable bathrooms, according to documents and congressional testimony.

“The only way you could physically approve it is not be physically there,” said , chairman of the .

The Corps of Engineers signed off on the building in February 2008 even with “major issues — septic, electrical, ceiling tiles falling down,” Thibault told the House Oversight and Government Reform Committee’s national security subcommittee in June. “These are big deals.”

The Pentagon is probing the contract as the U.S. military increases its presence to about 68,000 from 57,000 troops as part of President Barack Obama’s strategy to boost security in Afghanistan. The building is occupied by U.S. military personnel.

The Inspector General’s office is reviewing whether the Corps of Engineers “properly monitored constructor performance” and should have taken action against the contractor “because of latent defects, negligence or fraud,” according to a June 15 memo for U.S. commanders from Paul Granetto, principal assistant inspector general for auditing.

Thibault’s commission, which was set up by Congress in 2008 to investigate potential contracting abuses in Iraq and Afghanistan, requested the probe.

Extensive Problems

Commission representatives who visited the facility in April observed problems so extensive that “the Army should not have accepted a building in such condition,” according to the commission’s first report on potential fraud, waste and abuse.

The contract to design and build the facility was given to privately held Zafer Construction Co., of Ankara, Turkey. Zafer Construction General Manager Necati Yagci said in an e-mail that the company “believes there is no basis” for the commission’s criticisms. The Corps of Engineers gave the company a rating of “outstanding” for the project, he said.

The wartime contracting commission’s report said the building had “structural cracks, improper plumbing — and thus unusable bathrooms — incorrectly sized sewer system, broken and leaking pipes, sinking sidewalks and other construction defects.”

KBR Inc., the Army’s largest contractor in Iraq and Afghanistan, was hired to correct much of the allegedly poor work, Thibault said.

“KBR came to the rescue, but that’s all rework,” he said.

Paying for Repairs

Houston-based KBR was paid almost $2 million for its work, company spokeswoman Heather Browne said in an e-mail.

KBR employees found deficiencies with electrical systems and plumbing, including water pumps that were incorrectly wired so they would wear out quickly and a lack of circuit interrupters that reduce risks of electric shock, Browne said.

Corps of Engineers spokesman Eugene Pawlik, in a statement, disputed the commission’s conclusions.

“Currently, the allegations of poor workmanship have not been substantiated, either during construction or after occupation,” Pawlik said. “It appears Zafer Construction has met quality control, quality assurance and warranty requirements.” Zafer Construction, at its own expense, provided “necessary and routine repairs,” Pawlik said

Zafer Construction received the contract in September 2006. Throughout the project, the Corps of Engineers “fulfilled its responsibilities to ensure the contractor implemented effective quality control,” Pawlik said.

‘Cosmetic’ Damage

Cracks cited by the commission “were cosmetic only and promptly repaired,” he said.

The government contracting commission “referred the matter to the Department of Defense Inspector General’s office” because “we don’t think what we observed was up to standard,” said Robert Dickson, the commission’s chief of staff.

Yagci said Zafer Construction “will cooperate with any review process, is reviewing the specific allegations and is responding to requests for documentation” to demonstrate that the company “adhered to all specifications.” (click HERE to read original article)

I guess that whole “KBR came to rescue” statement just rubs me the wrong way. For how many millions did “KBR come to rescue”? 2 million was it? There is no doubt that an American contractor could have built it better. But again, you have that whole low bid thing and the total lack of DoD oversight. Was KBR the general contractor on this? Still too many unanswered questions.

My personal experience with several different Turkish contractors…..I could do better with a crew of 6 year olds from my grandsons kindergarten class.

Ms Sparky

Posted in Commission on Wartime Contracting (CWC), Reports & Investigations, Senate & House Committee Hearings. Tags: , , , . 7 Comments »

KBR might seek federal funds in truck driver case

Posted on: July 4th, 2009 at 7:04 am — by Ms Sparky
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KBR might seek federal funds in truck driver case

By BRETT CLANTON Copyright 2009 Houston Chronicle
July 3, 2009, 10:26PM

Uncle Sam could soon be writing another big check to a U.S. company, this time not for recession-related troubles but for civilian casualties five years ago in Iraq.

KBR may ask the U.S. government to reimburse it for legal bills if a jury decides the company failed to protect KBR truck drivers during a deadly April 2004 roadside attack, a lawyer for the Houston-based government contractor said.

Though no final decision has been made, lawyer Robert Meadows said, if the cases go to trial and result in a jury award, “it’s conceivable that KBR would look to the government to accept responsibility under its contract” with the company.

Such a prospect does not sit well with plaintiffs’ attorneys, who argue the government contractor should pay its own bills if held liable in the cases.

“It would be extremely rare for anybody to be able to turn the cost of their own negligence over to any other individual, much less the U.S. government,” said Tobias Cole, a Houston attorney representing Kevin Smith-Idol, a KBR contractor shot in the knee and hip during the attack.

But the idea is only hypothetical at the moment. KBR lawyers are preparing to file motions that will ask U.S. District Court in Houston to dismiss the cases before they go to trial, Meadows said.

That could set up a key decision this summer, which could determine the fate of three cases that have been winding through the courts since 2005 and that could be precedent-setting for other civilian contractors pursuing claims against KBR.

The suits accuse KBR and its former parent company, Halliburton, of knowingly sending a convoy into a dangerous area where it was attacked on April 9, 2004. Six truck drivers died in what has been called the , a seventh is missing and presumed dead, and 15 were wounded.

The truck drivers caught in the ambush were delivering fuel under a multibillion-dollar 2001 contract — called the Logistics Civil Augmentation Program, or LogcapIII — in which KBR provided a host of logistical support services for U.S. troops in the Middle East, from building bases to serving meals.

In 2006, Miller dismissed the cases, agreeing with KBR that the court lacked authority to second-guess the military, which helped design routes for KBR truck convoys. But in May 2008, the 5th U.S. Circuit Court of Appeals sent the cases back to Miller, saying the lower court may be able to resolve the without making a “constitutionally impermissible review of wartime decision-making.”

Since then, attorneys for the plaintiffs have deposed KBR officials, gathered company e-mails and searched for other documents to bolster claims that KBR knowingly put its workers in harm’s way.

They need to prove that point in order to refute KBR’s contention that the casualties are covered by the Defense Base Act, which offers the equivalent of workers’ compensation insurance to workers serving the U.S. military and caps payouts at certain levels.

The plaintiffs have “probably as strong a case as you can imagine” in challenging the Defense Base Act defense but still face a high hurdle in proving KBR intended to hurt workers, said Aaron Walter, an attorney with Herbert Chestnut & Associates, an Atlanta law firm that specializes in Defense Base Act cases.

Meadows, the KBR lawyer, said, “nothing supports the allegation that anyone at KBR did anything to intentionally harm fellow workers.”

Under KBR’s massive LogcapIII military-support contract, “all reasonable, allocable and allowable contracts costs relating to contract performance, including legal services, can be reimbursed to a contractor,” Linda Theis, a spokeswoman for the Army Sustainment Command, said in an e-mail. “This may also include settlement and judgment costs.”

But David Gunn, a Houston attorney who argued on behalf of the plaintiffs at the 5th Circuit last year, chides KBR for being intentionally vague on whether it will seek reimbursement from the government if the cases result in jury awards.

“I’d like them to be upfront about it and tell the world they plan to bill the taxpayer for their mistakes,” he said.

Heather Browne, a KBR spokeswoman, said it would be inappropriate to comment on the reimbursement question until there is a final decision in the convoy cases. (click HERE to read the original article)

*********************************************************

The fact that KBR would even publically come out and say they were considering back charging the Government and therefore the US Taxpayers is ballzy!! What is their agenda? KBR attorney’s don’t do anthing without a reason. When dealing with KBR you must remember, things are not always as they appear.

KBR is having their 2nd quarter earnings conference call on July 30, 2009. I suspect this most recent public dislay of KBR arrogance has more to do with reassuring KBR shareholders than actually being able to legally invoice the DoD for gross negligence.

If you have ANY information about the Good Friday Massacre please contact Toby Cole at the Law Offices of
Midani, Hinkle & Cole, L.L.P or you can contact me (click HERE ) and I can get you in touch.

Ms Sparky

Posted in CONTRACTOR DEATHS, Fisher vs KBR, Good Friday Massacre, GOV. CONTRACTORS, LAWSUITS, Lawsuits Against KBR, LOGCAP III - KBR. Tags: , , , . 4 Comments »

KBR’s “just shut the hell up” attitude toward females started in 2003 says suit

Posted on: July 2nd, 2009 at 8:46 pm — by Ms Sparky
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Jo Frederiksen went to work in Iraq for Halliburton’s Kellogg Brown and Root (KBR) in July 2003. Jo relied on KBR’s reassurances that US laws applied and that KBR had an “unwavering commitment to employee safety” as deciding factors in accepting their employment offer.

Jo experienced inappropriate touching, stalking, intimidation and verbal harassment by her male co-workers not only in her work place but in her KBR living quarters as well. Jo reported this by James Seton, Daryl Johnson and Justin Cooper to her Project Manager Jeff Uribe.  Jeff Uribe then reported Jo’s complaints to the perpetrators in advance, breaking the confidentiality that Jo was entitled to and subjecting Jo to an even more hostile environment. Jo was actively intimidated and/or her name slandered by Gabe Andino, , , , and Wade Wingate, among others, for reporting the vile behavior and the treatment she endured while just trying to fulfill her job duties.

Furthermore, in addition to her own harassment which she reported, Jo became aware of rampant illicit criminal behavior (including and by Halliburton/KBR management personnel). It was known that Bruce Chirinko and many other male employees often frequented a brothel in . Oftentimes, this brothel, despite being in direct violation of Federal Acquisition Regulation () Subpart 22.17, was utilized by many at the direction and encouragement of Defendants’ managers. Upon information and belief, the brothel and its adjacent bar called Toxic is/was owned, in whole or in part, by , another manager for KBR in Iraq. This lack of oversight toward this criminal behavior, prostitution and human trafficking, only lends credence and support to a morally and ethically corrupt environment.

Company officials allegedly transferred her to a remote, dangerous internment facility, and then promoted some of the culprits. Jo Frederiksen says she feared for her life while working for KBR in Baghdad, Iraq, because sexual harassment was rampant in the KBR network, particularly in the living quarters she shared with male employees.

“Jo voiced her concerns many times regarding the co-ed facilities and lack of safety and privacy relating to her living space,” according to the complaint filed in Harris County Court. “When Jo attempted to report her concerns to her superiors or KBR investigators, she was seen as a problem.”

Frederiksen says she was forced to resign because she felt the workplace was no longer safe for her or other female employees. If KBR had taken Jo’s concerns seriously maybe Jamie Jones, Dawn Leamon and others would not have had to endure their brutal rapes.

Jo first took her complaints to the EEOC and they in turn gave her the right to sue.

Jo Frederiksen is represented by L. Todd Kelly of Houston and Nathan Hardee of League City, Texas.

I have paid for a certified copy of the complaint and you can have it for free right HERE

Now for the the important stuff….where are these KBR employees/mangers named in this suit currently working?

Jeff Uribe - KBR Project Manager. Last known Fluor in Human Resources. Is there anyone else here that is laughing their freaking ass off besides me? WTF!!

John Reddy – Last known KBR Project Manager/Deputy Project Manager. Verified by email from a current Town Lodge co-owner that John Reddy was a partner during that time. I had emailed the Town Lodge as a KBR employee asking about John’s establishment and they actually referred me to Bruce Chirinko and to get my questions answered.  is a KBR attorney that must not be familiar with the FAR. It is possible that John MAY have sold his interest in the Town Lodge/Toxic Bar & Lounge as recently as June 30, 2009. My Thai Private Investigator is still working on that.

Gabe Andino - Last known KBR Project Manager. Gabe was one of my PM’s. Hmmm now I wonder what he was saying after I left his office. Is he still working for KBR?

Bruce Chirinko – Last known KBR Project Manager

David Stallard -  KBR Project Manager at B-Sites. Click HERE for an email appearing to announce his promotion to PM. (The authenticity of the email announcement has not been verified) Updated 7-10-2009

Scott Mount – KBR Project Manager. Last known DynCorp.

Wade Wingate – KBR Deputy Project Manager. Last known DynCorp.

-KBR QA/QC/Site  manager. Last known Fluor in Mosul?

Daryl Johnson -KBR bus driver? Last known?

Justin Cooper – KBR labor foreman? Last known?

Is anyone else seeing that the majority of alleged offenders here are KBR MANAGERS!!!!

If you have any information about any of the the people listed above leave a comment or email me.

Ms Sparky

Posted in GOV. CONTRACTORS, KBR Contract, Lawsuits Against KBR, LOGCAP III - KBR, LOGCAP-Dyncorp, LOGCAP-Fluor, Rape, Hazing, Discrimination & Harassment, Trafficking In Persons (TIP) Violations. Tags: , , , , , , , , , , , , , , , , , , , . 61 Comments »

Ruling bars lawsuit in Iraq fuel convoy injury

Posted on: July 1st, 2009 at 7:02 pm — by Ms Sparky
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Ruling bars lawsuit in Iraq fuel convoy injury

By Walter Putnam – The Associated Press
Posted : Tuesday Jun 30, 2009 18:34:29 EDT

ATLANTA — The wife of a soldier incapacitated by a brain injury in a wreck during a fuel convoy in Iraq cannot sue the civilian contractor delivering the fuel, a federal appeals court ruled Tuesday.

Sgt. Keith Carmichael was a gunner assigned to ride in a tanker truck operated by Kellogg, Brown & Root during the 2004 convoy. He was thrown and pinned beneath the truck when the civilian driver failed to negotiate a curve.

According to court documents, Carmichael was left in a permanent vegetative state.

Annette Carmichael of Atlanta sued KBR on behalf of her husband, along with its former parent company, Halliburton, and the driver in Georgia state court in 2006.

KBR had the lawsuit moved to U.S. District Court in Atlanta, then sought for it to be dismissed on grounds that the military was in charge of handling the convoy, including security details and choosing the route to take from Balad, north of Baghdad, to a U.S. air base 100 miles west of the Iraqi capital.

Judge Timothy C. Batten found that the lawsuit could not be adjudicated because it raised a political question involving the military role in the convoy. Batten dismissed the lawsuit for lack of subject-matter jurisdiction.

Carmichael appealed, saying the civilian contractor, not the military, was responsible for the accident.

In Tuesday’s 2-1 ruling, a panel of the 11th U.S. Circuit Court of Appeals said it found “no judicially manageable standards” to settle the suit and upheld Batten’s dismissal. The opinion said the suit was barred by “the political question doctrine.”

“After thorough review, we conclude that adjudicating the plaintiff’s claims would require extensive re-examination and second-guessing of many sensitive judgments surrounding the conduct of a military convoy in war time — including its timing, size, configurations, speed and force protection,” said the opinion written by Judge Stanley Marcus and joined by Judge R. Lanier Anderson.

Judge Phyllis A. Kravitch concurred that the military controlled the convoy but said Carmichael “sufficiently alleged a claim of negligent supervision” by requiring the driver to work unreasonably long hours, causing fatigue. Kravitch said she would return the case to the lower court to gather more facts on that question. (Click HERE for original article)

Posted in Lawsuits Against KBR. Tags: . 9 Comments »

Some firework do’s and don’ts!

Posted on: July 1st, 2009 at 11:23 am — by Ms Sparky
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sparklersIt’s been a little slow on the KBR scene lately so I thought I would get a head start on my July 4th posts.

Another long weekend ahead!! People are heading to the hills or getting ready to BBQ and set off fireworks! Oh…and don’t forget those cold brewskies!!

It all brings back fond memories of being a child and running around the yard drawing in the air with my sparklers.

For everyone out there who has small children here are some interesting sparkler facts.

Did you know:

  • Sparklers burn at nearly 2000 degrees F°
  • 16% of all fireworks injuries are caused by sparklers
  • Sparkler injuries account for 1/3 of all fireworks injuries to children under age 5 and 1/2 to children under age 14
  • Only persons over the age of 12 should be allowed to handle sparklers of any type

Who would’ve figured. I’ve given them to my own daughter thinking they were the safest.

For more sparkler safety information click HERE

For more general information click HERE

Below is more specific safety information for those people who have larger children who we will undoubtedly be hearing about in the news on July 5th.

  • FAA prohibits fireworks of any kind on any flight. They cannot be checked as baggage or carried on. (Hmmm hooda thunk that wuz a problim?)
  • Do not light fireworks inside your house. (Click HERE to verify that people actually need to be told this!)
  • Do not light fireworks inside a vehicle. (Click HERE to see why not?)
  • Do not aim fireworks at another person….
  • Do not hold fireworks, such as bottle rockets with ANY part of your body!! (Yes…..there are people who need to be told this!)

Have a wonderful safe .

Remember…..DON’T DRINK AND DRIVE.

Ms Sparky

Posted in Miscellaneous. Tags: , , , . 5 Comments »
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