‘Badass bloggers,’ the defense rests, dubious contract awards & ‘spooks panic’ – the news

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the Superhero - fighting corrupt contractors...

Other than our very own Ms Sparky being recognized for her tireless efforts in print, on the airwaves and by fellow bloggers; here are some of the other events that made the news.  The trial is wrapping up and yet another contracting official, from Camp Arifjan, was sentenced.  The DLA is under scrutiny for awarding a contract across the pond, instead of putting Americans to work.  Here are those stories and other headlines that made the news.
~Forseti

DC’s spy establishment in panic mode over Washington Post expose
By Daniel Tencer – July 16, 2010 – Washington’s intelligence establishment appears to be in panic mode over an upcoming Washington Post series about runaway growth in defense and intelligence spending.

A State Department email has accused the Post of planning to make public “top secret” information about defense and intelligence contractors working for the US, despite an admission in the same email that the Post’s information came from “open sources.”

The series, by Pulitzer Prize-winning reporter , will include a TV partnership with PBS’s Frontline and is expected to consist of three articles and an online database of military and intelligence contractors and their projects.

It’s that database of contractors that seems to be worrying Washington the most. at Foreign Policy reports that the State Department sent out an email Thursday warning all 14,574 Washington-area employees of the upcoming reports. (Click HERE for article)

Speak No Evil: A Post-McChrystal Press Clampdown
By Tim Arango – July 16, 2010 – BAGHDAD – On Tuesday night at an air base in Baghdad a unit of soldiers from the Second Brigade of the 10th Mountain Division waited for a flight that would take them first to Anbar Province, then to Germany, then to Fort Drum in upstate New York. The soldiers were going home, this time for good.

Reporters were invited to visit, to speak to soldiers and take pictures of packed rucksacks and troops boarding the plane, images that would convey the military’s message that the United States is leaving Iraq. The press was told that the waiting area was theirs to work in.

So I started to chat up soldiers. Just as I had finished the formalities of name, age, rank and hometown with a young private from Michigan, I was interrupted by an officer who explained that a handful of soldiers had been chosen to speak to the press, and that the remainder of the group was off limits.

He pointed to a group of four or five soldiers, who awaited media interviews.

The Pentagon’s new dictum to control news coverage, issued in the wake of the controversy over a Rolling Stone article that resulted in the dismissal of Gen. Stanley A. McChrystal as the top NATO commander in Afghanistan, seems to have reached the lower levels of the chain of command in Iraq. (Click HERE for article)

US Air Force intends to offer sole source award to suspended company(updated)

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Updated: July 18, 2010: I just received the text of the (NAS) suspension letter. HERE

It would appear the the 386th Expeditionary Contracting Squadron of the US Air Force (USAF) has not heard the latest news that and ALL their subsidiaries are SUSPENDED!! The US Air Force has announced they intend to award a sole source contract to National Aviation Services (NAS), a suspended Agility company. You can verify this yourself by searching for National Aviation Services in the Excluded Parties List System (EPLS). Below is an excerpt from the EPLS website:

This World Wide Web site is provided as a public service by General Services Administration (GSA) for the purpose of efficiently and conveniently disseminating information on parties that are excluded from receiving Federal contracts

Evidently the US Air Force is not aware of this list because in a recent announcement dated June 25, 2010 the USAF states:

The Abdullah Al Mubarak Air Base Branch, 386th Expeditionary Contracting Squadron intends to issue a sole-source procurement action with three option years to National Aviation Services to provide a Mail Porter service with will assist the United States Armed Force to move approximately 26 million pounds of mail through the theater of Kuwait and southern Iraq. The proposed contract is for services for which the Government intends to solicit and negotiate with only one source under the Authority of FAR 13.106(b). This is a notice of intent to award a sole source procurement action and is not a request for competitive proposals.

National Aviation Services (NAS) is an Agility owned and operated company. Agility and ALL their 120+ companies have been indefinitely suspended from receiving any future United States Government (USG) contracts since November 2009.

Did someone forget to tell the Air Force?

Blumenauer Seeks Answers from Secretary Gates on KBR War Contract, Impact on Oregon Guard

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Wednesday, 14 July 2010 16:47

Washington, DC – Congressman Earl Blumenauer (D-Ore) today sent a letter to Secretary of Defense Robert Gates on the heels of news accounts that war contractor KBR may not be held responsible even if it is found to have exposed the Oregon Army National Guard to cancer-causing chemicals in Iraq. The classified terms of KBR’s contract with the Army may have fully transferred liability to the Department of Defense, making the federal government and taxpayers responsible for the contractor’s alleged negligent actions.

The letter requests that Secretary Gates address this particular case, as well as general concerns about how defense contractors are being held accountable for their operations.

“The Department of Defense must immediately address the disturbing accounts of war contractor KBR getting special legal protections, even if they are found to have knowingly jeopardized the lives of Oregon soldiers,” said Congressman Blumenauer. “There should be no special carveout for war contractors who risk the lives of soldiers or civilians, and U.S taxpayers should not be on the hook for their negligence. Americans deserve to know the truth about which and how many contractors have been given special legal reprieve. I expect the Department of Defense to explain how we are holding contractors accountable despite contracts that seem to free them of any legal consequences.”

The letter Congressman Blumenauer sent to Secretary Gates follows:

July 14, 2010

Dear Secretary Gates,

I am writing with serious concerns about the accountability for defense contractors operating abroad. A recent article in The Oregonian brings new attention to the legal safe haven in which some, if not all, defense contractors in contingency operations appear to operate. In my state, Oregon Army National Guard veterans have filed suit against KBR for knowingly exposing servicemen and women to , a highly toxic and cancer-causing compound. KBR’s claims of indemnification via the classified terms of its contract could leave the Army – and by extension the U.S. taxpayer – responsible for all lawsuits, healthcare costs, and court fees resulting from the contractor’s own alleged negligence.

Contractors that put our servicemen and women, as well as innocent civilians, at risk should be held accountable. I am deeply concerned that the Department’s contracts appear to leave the U.S. service members doubly exposed: first to the unsafe environment created by these contractors, and second as taxpayers potentially paying for the legal defense of the very contractors causing harm. I respectfully request an immediate response to the following:

1. In the case of KBR’s involvement with exposure to hexavalent chromium in Iraq, please clarify if KBR is asserting indemnification through the terms of its contract with the Department. If so, within 5 days please provide my office with the terms of indemnification granted in this contract and any other contract with KBR in a contingency operation.

1. Within 5 days, please provide my office with a copy of the Department’s original contract with KBR and any modifications thereto under which the work related to the hexavalent chromium exposure, highlighting the provisions obligating the government to indemnify KBR actions. Also within 5 days please provide my office with the terms of any other indemnification agreements with KBR in contingency operations.

1. Within 10 days, please provide my office with a list of contractors that have been granted similar indemnification for services provided in a contingency operation since 2001, the list of lawsuits filed as a result of contractor actions, and the amount of taxpayer money the Federal government has paid out as a result of indemnity agreements with contractors in Iraq and Afghanistan or otherwise.

1. Within 10 days, please provide an answer as to whether Congress was notified when the Department entered into contracts that burdened U.S. taxpayers with the risk and legal responsibility for the actions of private contractors. Specifically, did the Department provide any notice to Congress of these indemnification agreements? If so, when, and to what Committees?

1. And perhaps most importantly, within 10 days please provide an explanation of what steps the Department is taking to minimize government and taxpayer liability in future instances of contractors acting outside the scope of their contracts or putting U.S. personnel or civilians at risk. Further, what steps is the Department taking to ensure that Congress is aware of current and future obligations under similar indemnity agreements?

I look forward to a thorough and prompt response to my inquiry.

Sincerely,

(signed)

EARL BLUMENAUER

Member of Congress

(Click HERE for original article)

OPB – Think Out Loud on KBR and Qarmat Ali

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Think Out Loud on Oregon Public Broadcasting (OPB) aired a great show today on the lawsuit surrounding the victims of the chemical exposure. It also covered this newly revealed indemnity clause in KBR’s Restore Iraqi Oil (RIO) contract. That’s right, KBR claims the DoD has absolved them of all financial responsibility if they were to kill or injure a soldier or civilian on the RIO project. If KBR loses the suit, the taxpayers foot the bill!!!

The show is hosted by Emily Harris and Dave Miller. Today’s guests were:

Larry Roberta – Oregon National Guard Veteran and Qarmat Ali victim (prerecorded conversation)

Julie Sullivan – Oregonian reporter who has been the lead journalist covering the Oregon National Guard trial.

Mike Doyle – Houston attorney representing all the National Guard Troops in the Qarmat Ali suits against KBR

Alan Chvotkin – Executive Vice President & Counsel for Professional Services Counsel – a trade organization of which KBR is a member.

Debbie Crawford aka Ms Sparky

The show is very informative and gave different points of view of the Qarmat Ali and contractor issues. I know you may find it hard to believe but is not the ONLY one with an opinion on this!! The show is about an hour long and you can listen to it from the Think Out Loud page. Just click the arrow under “POSTED BY: ALLISON FROST”. (I am just trying to convince  myself I was not the only one who couldn’t find the play button!) You can also download it from their site and listen to it later or if you can’t get to their site for some reason you can listen to it HERE . I use Real Player.

My personal thanks to Allison and Rebecca for making this relatively painless!

Ms Sparky

Hexavalent chromium case: Iraq contractor cut deal for lawsuit immunity

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Zhi Ying Ng - Thursday, 15 July 2010 – Last year DCBureau.org reported on contractor abuse in Iraq. Since that report another KBR abuse has once again revealed. Two past controversies involved the horrifying electrocution of soldiers in the Armed Forces, and the unethical exposure of troops to toxic chemical stew that occurred right under KBR’s noses. Contracted to help our soldiers, KBR is in reality killing them.

A recent Oregonian report uncovered KBR’s involvement in exposing the Oregon Army National Guard to , a cancer-causing rust fighter. In 2003, U.S. and British troops had guarded KBR workers repairing a water-treatment plant near Basra. Following that, troops from four states and Britain claimed they suffered health problems. At least two had died of cancer.

In response to this, KBR refuted that the Army, not KBR, was responsible for safety in the plant. This is in congruence to an ultimatum to the Pentagon that was released within days of the 2003 Iraq invasion, which stated that either the Army covered the potential cost of any soldier or civilian killed or harmed on a KBR project- or the defense contractor would not proceed with its no-bid contract restoring Iraqi oil. To further deflect responsibility and to make light of the matter, KBR added that the soldiers were not there long enough to be at risk of cancer. Apparently in the book of KBR ethics, it is acceptable to be near cancer-causing chemicals- as long as you’re not there long enough.

KBR’s attorney, of Washington D.C., called KBR a “force multiplier” that allowed an all-volunteer Army to fight while KBR took care of making meals, hauling fuel and doing laundry. Furthermore, he argued that KBR should be immune from liability as a combatant in the war zone, since its management decisions were intertwined with military and international political decisions. Not only does KBR want to overcharge U.S. taxpayers for “taking care” of our troops,  it wants to represent U.S. foreign policy as well.

The soldiers’ attorney, of Portland argued that KBR managers had violated federal health and safety laws and its contract by failing to do an environmental assessment, and by concealing the presence of Hexavalent Chromium. He added that KBR has the authority for health and safety decisions of the plant.

The progress of this case appears dismal. On Monday, attorneys representing the 26 current and former Oregon soldiers and KBR representatives argued for almost 80 minutes over whether the case should go forward in U.S. District Court in Oregon. KBR even had the audacity to ask Magistrate to dismiss the case.

KBR abuses show that it is clearly time to carefully delineate the boundaries that contractors cannot cross, and to state the rules that they should abide by, especially when an appalling number of contractors operate in Iraq and Afghanistan today. We are putting our troops at risk.

It still remains to be seen if this report will provide further grist to the mill in pressuring Washington to take legal action against KBR. Even with the escalation of KBR abuses, the no-bid contract remains strong, and KBR has yet to be debarred from doing business with the Pentagon. Given the political clout that KBR has, chances are it will be a losing battle for our troops. (Click HERE for original article)

Corrupt Contractor KBR Under Fire in Palm Beach County; Anyone Surprised?

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By Lisa Rab -  Wed., Jul. 14 2010
Broward Palm Beach New Times

A front-page story in today’s Palm Beach Post blasts the Houston-based engineering and construction firm Kellogg, Brown & Root (KBR) for not hiring enough local workers on its $200 million solid waste project in western Palm Beach County.

One small detail is missing: KBR’s sordid track record of hurting workers in far more dangerous ways.

Last year, shortly after a KBR division called BE&K won the waste contract, the Juice warned of dark times to come. KBR, a former subsidiary of Halliburton, is one of the worst government contractors in Iraq and Afghanistan. It’s been accused of endangering soldiers, taking bribes, bilking the U.S. Department of Defense, and turning a blind eye to the of its employees. Witness some of the company’s alleged sins:

– In 2006, a Defense Department auditor found KBR may have overpriced fuel imported to Iraq by $279 million.

– In 2008, a U.S. soldier in Iraq was electrocuted while showering in a building maintained by KBR. An Army investigation ruled his death a “negligent homicide” caused by KBR. According to the Associated Press, KBR had 231 electric shock incidents in the facilities it ran in Iraq.

– In 2009, the company pleaded guilty to giving millions in dollars in bribes to Nigerian officials in order to win engineering and construction contracts. KBR agreed to pay a $402 million criminal fine.

Several former female employees have alleged they were raped or sexually harassed while working for KBR in Iraq, then faced retaliation from the company when they complained. Last year, one sexual assault victim won a $2.9 million award from her arbitration claim against the company.

Back here in Palm Beach County, unemployed welders and carpenters say KBR is shutting them out of a lucrative gig overhauling a Solid Waste Authority plant. Meanwhile, the company is angling for yet another $700 million waste contract in the county. Sounds promising, doesn’t it? (click HERE for original article)

Iraq and Back: Fantasy Island.. It truly exists!!

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Below is a post from Veteran and victim who runs the blog Iraq and Back and a website to support Qarmat Ali Vets. I hope you will take a minute to head over and check out his sites.

by Larry Roberta – July 13, 2010

Well, I attended U.S. District Court in Portland OR. Yesterday, relating to the motion to dismiss filed by KBR. Now, I have seen pictures of KBR’s Attorneys on their Mckenna firm website and I am sorry, but it is looking like these and other cases are sucking the life right out of them. Kinda like the has sucked the life right out of me. Money isn’t everything and it wont give you your health back..remember that!!

But I guess a whole lot of money can buy you a firm of attorneys willing to try every trick in the book (legally) to get their client off the hook. When Judge Papak came in, I was surprised that KBR’s Attorneys chose to remain seated while they made their oral arguments. Their main attorney Mr. Biagini went on and on and on citing cases that should be taken into consideration regarding their motion to dismiss this case.

I thought he was going to deplete all the oxygen in the room as several people started to nod off from boredom. He did make a few valid points, however they were lost in his repeated attempts to school the judge on case law and at times even shaking his finger at Judge Papak like a parent scolding a misbehaving child in a condescending fashion.

When the Attorney for the Guardsmen Mr. Sugerman made his presentation, he stood and was very courteous and directly to the point. He did not waste the court’s time and was respectful of the Judge. Now I had heard that KBR’s legal team acted arrogant, and after watching this episode..I kinda agree. If this case is allowed to go forward..I cannot wait to do my part to set the record straight on what happened at Qarmat Ali during those days in 2003 in Iraq, because KBR isn’t telling anyone the whole story.

If nothing else comes of this, I hope and pray that American taxpayers do not ever find themselves held hostage like this again. This whole situation reminds me of the lyrics of a favorite Heavy Metal Band Sacred Reich, the song is called

THE AMERICAN WAY

Truth and honor faith and pride all convictions surely died honesties
time has passed time for lies is here at last truth is false I’m so fed up
how did we come to be so fucked? hate fear pain death all our country
has got left

Talk to children hear them say daddy left again today brother steals and
mommy lies future lost before their eyes the sun was lost behind the
clouds they rapped it up and blacked it out acid rain fell today it came
and washed our hopes away

This was once the land of dreams now these dreams have turned to
greed in the midst of all this wealth the poor are left to help themselves
a capitalist’s democracy no one said that freedom’s free lady liberty rots
away no truth, no justice the American way

Don’t look past your t.v. all of us are what you see a looking glass into
our lives what we watch is what we buy priorities are out of whack
who is next to stab our back doesn’t it make you mad to have lost all that
we’ve had

This was once the land of dreams now these dreams have turned to
greed in the midst of all this wealth the poor are left to help themselves
a capitalist’s democracy no one said that freedom’s free lady liberty rots
away no truth, no justice the American way

Doesn’t it fill you with disgust that there’s no one left to trust is this
happening is this real my body numb I cannot feel are you happy are you
sad are emotions a thing of the past I have no tears I cannot cry no one
mourns for a world that’s died

This was once the land of dreams now these dreams have turned to
greed in the midst of all this wealth the poor are left to help themselves
a capitalist’s democracy no one said that freedom’s free lady liberty rots
away no truth, no justice the American way

(Sacred Reich- American Way 1990) (click HERE for the original post)