The Struggle to Police Foreign Subcontractors in Iraq and Afghanistan

Billions at Stake, but U.S. Investigators Stymied by Murky Rules, Enforcement Obstacles

By Nick Schwellenbach – August 29, 2010
To win hearts and minds in Afghanistan and Iraq, military experts want U.S. companies to contract with local firms for a variety of tasks like trucking, feeding troops, and providing security. The U.S. government’s “Afghan First” and “Iraqi First” initiatives increasingly seek to rely on local contractors, often through subcontracts, in part to stimulate their local economies.

But a host of investigations underscore the perils in the murky world of subcontracting with foreign firms, and the difficulties in making sure taxpayer dollars are well spent. Among the current and recent probes by the Pentagon, congressional panels, and federal investigators:

  • Up to $300 million in subcontracts in Iraq and Kuwait were allegedly tainted by a Saudi-based subcontractor employee’s kickback scheme;
  • Subcontracted security forces in Afghanistan are suspected of bribing both Taliban and Afghan government officials;
  • U.S. money for a trash collection program in Iraq, administered by a bewildering array of subcontractors, has allegedly ended up in the pockets of insurgents; and

A former contractor employee alleged that Middle Eastern subcontractors, trying to sway the award of more subcontracts, were sneaking prostitutes into Baghdad’s Green Zone by abusing their security access cards.
Subcontracting is among the most challenging parts of the U.S. government’s widespread outsourcing of war-related tasks. It works like this: A government agency — most likely the Defense Department, State Department, or U.S. Agency for International Development — will award work to a “prime” contractor. That prime contractor, usually a large American company like Kellogg, Brown and Root () or International, will often subcontract some or even a majority of its work to other companies, including foreign-owned firms. Those subcontractors sometimes then turn around and subcontract part of the work, and so on.

(Read the rest of the story here…)

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Philippine Government makes concessions for illegal workers in Iraq

On July 23, 2010 MsSparky.com broke the story of CENTOM’s order to remove all illegal Nepalese and Filipino workers from Iraq. The Nepalese Government caved and are now allowing their citizens to stay in Iraq. Now the Philippine Government has followed suit and are essential giving amnesty to all the Filipinos who illegally entered the country of Iraq either voluntarily or involuntarily. If I were the government of Iraq I would be asking for those Visa fees. Apparently the ’s strong arm tactics worked on the Philippine Government to lift the ban. We wouldn’t want the US Government complicit in !

In an August 25, 2010 letter from the Philippine Embassy to of the Contracting command it states:

Dear Col Nolan,

In view of the time constraint, I have the hoor to furnish you a copy of Note Verbale No. 90 dated 25 August 2010, from the Embassy of the Republic of the Philippines, Baghdad, Iraq (temporarily in Amman, Jordan) to the Embassy of the United States of America in Baghdad.

The Philippine Embassy Note informs officially the United States Government of the decision of the Philippine Government, with immediate effect, that Filipinos currently working with contractors or sub-contractors under the U.S.  Government-sponsored projects are declared not covered by the travel/deployment ban to Iraq and, thus, are allowed by the Philippine Government to continue working in Iraq, with the guaranteed repatriation to the Philippines at the end of their engagement. While an exemption is provided to these Filipino contract employees, the total ban against the deployment of new Filipino workers still continues.

The Note also conveys the Philippine Government’s request to the U.S. Government to make all necessary arrangement to ensure the safety, security and welfare of the Filipino contract employees and the continuity of their employment in Iraq.

Very truly yours,

For the Ambassador:

DONNIE M FETALINO
Comunications and Assistance to Nationals
Officer and Attache’

My question now is…”Will the contractors who smuggled these workers into Iraq face any sanctions by the ?

And a bigger question. “How in the hell can the US Government ensure the safety, security and welfare of the Filipino workers. They can even to that for the Americans working in Iraq. So now is the tax payor going to pick up the tab for every Filipino killed in Iraq or Afghanistan?

Ms Sparky

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The Center For Public Integrity points out KBR’s human trafficking issues

DEFENSE: War Contracting Commission Cites Center Article on Trafficking

By Nick Schwellenbach | July 28, 2010
The Center For Public Integrity

During a hearing on the oversight of subcontractors in war zones, the Wartime Contracting Commission on Monday cited the Center for Public Integrity/Washington Post investigation into the difficulty of enforcing a U.S. ban on contractors engaging in sex trafficking. It also delved into numerous instances of human trafficking and pressed government witnesses and contractors, especially Houston-based Kellogg, Brown, and Root (), on what they’re doing to stop these abuses.

Subcontractors are companies that work for “prime” contractors, which have a direct contractual relationship with the Pentagon or U.S. government.

“We all saw recently a news article that says the buck is being passed around here” regarding allegations of , said Charles Tiefer, a commission member. “And that is, the IG sends it to somebody else, the criminal people say it’s not ours, and the program manager says it’s not ours.”

“I wonder whether you would favor formalizing the responsibilities, so the program manager has to follow up any allegations,” Tiefer asked three government witnesses. That means a subcontractor or military contracting officer would be “obliged to follow up any allegations of and cannot simply say ‘I’ve delegated that to somebody else’.” (Read the rest of the story here…)

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US military investigates contractor work force (with docs-updated)

Philippine passport stamped "Not Valid For Travel To Iraq"

By REBECCA SANTANA (AP) – July 28, 2010

BAGHDAD — The U.S. military said Wednesday it is clamping down on contracting firms on American military bases using employees whose home countries ban travel to Iraq, raising questions about why the contractors were allowed to work in the country for so long despite the ban.

Philippines citizens have been banned since 2004 from traveling to Iraq after insurgents threatened to behead a Filipino truck driver, and officials in the Philippines say they have repeatedly asked the U.S. and other countries to respect their ban. Nepal also bans its citizens from working in Iraq due to security concerns.

Despite the ban, many citizens from Nepal and the Philippines still make the journey to Iraq, joining the tens of thousands of contractors working in jobs ranging from security to kitchen staff on bases. (Read the rest of the story here…)

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CWC hearing – Subcontracting: Who’s Minding the Store?

On July 26, 2010 the Commission on Wartime Contracting co-chaired by Commissioners Christopher Shays and Michael J. Thibault held a hearing on subcontracting risks in combat zones entitled Subcontracting: Who’s Minding the Store? I think this Commission could be one of the best things that has happened to contractor oversight!

Co-chairs’ opening statement

Panel 1 (click HERE for Panel 1 vide0 02:00)
Edward Harrington, Deputy Assistant Secretary of the Army (Procurement) Office of the Assistant Secretary of the Army (Acquisition, Logistics and Technology)
Patrick Fitzgerald, Director Defense Contract Audit Agency (DCAA)
Cathy Read, Department of State – Office of Acquisition Management
Drew W. Luten III, Bureau for Management, U.S. Agency for International Development (USAID) (Read the rest of the story here…)

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