David Isenberg – KBR: Failing Upwards

David IsenbergHuffington Post
Author, Shadow Force: Private Security Contractors in Iraq (Praeger Security International)
Posted: March 5, 2010

I wonder who comes up with this KBR stuff?

Up is down, night is day, and now, in the best tradition of George Orwell’s 1984 newspeak KBR — the company that was the subject of a recent Department of Defense Inspect General report that found that the Army broke federal procurement rules in 2004, when two commanding generals improperly directed a contracting officer to pay millions of dollars in fees to KBR Inc., when funds should have been withheld, per the language in the contract with KBR – has been awarded its first task order under the newest version of LOGCAP.

For those who don’t know, LOGCAP is the mother of all logistics support contracts. Without it the U.S. Army simply can’t function.

The award also comes just a week after the Army announced that KBR would not be awarded $25 million in bonuses under the LOGCAP III Iraq support contract because KBR “failed to meet a level deserving of an award fee payment for work it did during the first four months of 2008.” Although the Army did not specifically cite it when announcing the withholding of the payment KBR’s “failed” work occurred during the time a Green Beret was electrocuted in a barracks shower in Iraq KBR was responsible for maintaining. (Read the rest of the story here…)

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Judge rules against Army in favor of KBR and the retired General who has sold his soul for $650.00hr

Ex-commander in Iraq to give deposition in KBR case

By MARY FLOOD – March 3, 2010, 11:03PM

Despite the Army’s efforts to block it, retired Army Lt. Gen. Ricardo Sanchez, who once led U.S. forces in Iraq, is scheduled to be deposed today as an expert for KBR in a lawsuit over a deadly civilian truck convoy attack in Iraq.

U.S. Magistrate Judge Nancy Johnson refused Wednesday to grant the Army’s request to prevent Sanchez from giving his expert opinions in the case.

Drivers and family members suing KBR contend the company should have stopped the convoys when it was warned that attacks would increase on April 9, 2004, the first anniversary of the day allies in the U.S.-led invasion of Iraq reached Baghdad.

Sanchez, who at $650 an hour is already owed about $91,000 in expert fees, says KBR is not at fault for the six deaths and other injuries.

Sanchez wrote a report saying it was an Army communication error that led the attacked convoys to go down a road some in the military knew was supposed to be closed to civilian traffic. (Read the rest of the story here…)

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Not so fast KBR – Lawmakers demand answers from Pentagon

Lawmakers challenge Army decisions on KBR

By Andrea Shalal-Esa – 7:31pm EST
WASHINGTON (Reuters) – Lawmakers in the Senate and House of Representatives on Wednesday questioned the Army’s continued use of KBR Inc for logistics work in Iraq in the face of confirmed reports of poor past performance.

Representative Edolphus Towns, who heads the House Oversight Committee, wrote to Defense Secretary Robert Gates to question the Army’s decision to award KBR a new contract valued at up to $2.8 billion despite a wide array of problems.

Towns, citing problems with KBR’s maintenance of electrical systems at bases where U.S. troops were fatally electrocuted and “numerous allegations of waste, fraud, and abuse,” asked Gates to provide the committee with a wide array of documents about the KBR contract by March 17.

“It seems inconceivable to me that the Defense Department would award this new contract to KBR in Iraq,” Towns said, citing the company’s “poor past performance.”

“When multiple deaths of service men and women are not enough to preclude the award of a new contract, it makes me wonder what it takes for a contractor to be fired.” (Read the rest of the story here…)

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KBR can’t seem to put Nigeria behind them

US seeks extradition in bribe case

Bonny Island Liquified Natural Gas (LNG) Plant - Nigeria

The US government is asking to extradite two men from the UK to face charges that they were involved in bribery to help US services outfit KBR win work for the Bonny Island LNG plant off Nigeria.

News wires 22 February 2010 20:29 GMT

A US prosecutor said Wojciech Chodan, 72, should be moved to Texas to stand trial on changes that he helped funnel more than $100 million in bribes to Nigerian officials on behalf of KBR.

If convicted, Chodan could face up to 55 years in jail, according to a report in the UK Guardian.

Chodan worked for Halliburton and at the time of the bribes, KBR was a Halliburton subsidiary.

It was subsequently spun off.

Halliburton and other companies involved in the scheme agreed to pay a $579 million fine last year in connection to the charges.

District Judge Caroline Tubbs is expected to give a verdict in the hearing on 20 April, the Guardian reported.

The US is also trying to extradite London lawyer Jeffrey Tesler on charges that he helped launder some of the money paid out in bribes. (click HERE for original article)

Nigerian Bribery Investigation Confronts Confusion

By Jesse Sunenblick | February 22, 2010

There is confusing information coming out of Nigeria about the status of a domestic investigation into the KBR-Halliburton element of the TSKJ consortium bribery scandal.

The consortium — equally owned by KBR (a former subsidiary of Halliburton), France’s Technip, Italy’s Snamprogetti, and Japan Gasoline Corp. — has been under investigation by the DOJ and SEC since 2004 for a variety of Foreign Corrupt Practices Act charges connected to a $100 million bribery scheme to secure liquefied natural gas contracts in Nigeria worth some $6 billion. (Read the rest of the story here…)

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KBR asks judge to throw out Oregon soldiers suit

Photo from Oregon National Guard Website

February 08, 2010

Lawyers for the war contractor Kellogg, Brown & Root on Monday asked a federal judge to dismiss an Oregon Army National Guard soldiers’ lawsuit against it, saying the court in Oregon lacks jurisdiction.

The challenge before U.S. District Judge Paul Papak in Portland is being watched closely in Indiana and West Virginia where National Guard soldiers have also sued KBR, Inc. The Houston-based holding company and its four subsidiaries won contracts to restore oil production after the U.S. invasion of Iraq in 2003. National Guard troops were ordered to guard KBR employees as they raced to get the oil flowing. (Read the rest of the story here…)

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Judge allows trial of suits over KBR convoy deaths

By Tom Fowler – Houston Chronicle
Feb. 8, 2010

Lawsuits claiming Houston-based KBR should have stopped a 2004 truck convoy in Iraq before six civilian drivers were killed and others injured in an ambush can go to trial, a federal judge ruled today.

U.S. District Judge Gray Miller had previously dismissed the case, agreeing with KBR’s argument that it didn’t have the authority to keep the fuel convoys off the road and that a trial would be an improper challenge to military decision-making. KBR contracts with the military to provide logistical support.

But after an appeals court overturned his decision, Miller allowed the parties to gather more evidence, which turned up e-mails of KBR managers saying they thought they could stop the conveys and had done so in the past. (Read the rest of the story here…)

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Defense contractors to DoD – “The taxman is calling; it’s for you”

Contractors ask DoD to reimburse offshore payroll taxes

By ELISE CASTELLI |  Jan 27, 2010
In 2008, Congress passed a law to force contractors to pay payroll taxes for employees who are U.S. citizens working for their offshore subsidiaries. The IRS is collecting more taxes as a result, but much of that new tax revenue is leaving government in the form of higher contract costs for the Defense Department.

Defense contractors have billed the department for more than $140 million in reimbursements for payroll tax expenses they’ve paid since the law was passed, a new Government Accountability Office report says.

And that’s just on five contracts — worth a combined $6 billion — that were reviewed by GAO.

Executives from some of the biggest Defense contractors — including Lockheed Martin, Boeing, Northrop Grumman, General Dynamics and KBR — told GAO that, before the law was passed, they hired U.S. citizens at their offshore subsidiaries as a way to lower their costs and remain competitive. The companies say they only use the offshore subsidiaries to hire employees to perform work overseas. (Read the rest of the story here…)

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KBR employees not sure if they can sleep on company time or not

Sometimes KBR just makes it so damn easy to highlight the blatant ineptitude that would be KBR LOGCAP management. Below is an email sent out today to 1000’s of KBR employees from Patricia Murphy KBR HR manager.

Just a quick explanation first. Many KBR employees must go to Entry Check Points (ECP’s) daily to pick up their Subcontract Workers(SCW’s)/Third Country Nationals(TCN’s) and Local Iraqi employees to escort them onto the Camps/Bases where they work. Evidently at this Entry Check Point (ECP), there is a whole lot of time spent waiting. (Read the rest of the story here…)

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DoJ finds bowling for contractors more lucrative than bowling for dollars



Looks like the long arm of the law is finally reaching out and bitch slapping some of the contracting cronies and culprits who believe the law does not apply to them.  All I have to say is, “IT’S ABOUT TIME!”

The Department of Justice (DoJ) seems to be getting serious about enforcing the Foreign Corrupt Practices Act (FCPA). Last year’s record breaking settlement with Halliburton and KBR to the tune of $579 million appears to have been only the beginning.  Last week the DoJ unsealed indictments against 22 high ranking individuals working for undisclosed (in the indictments) Defense contractors and then followed up with an indictment for one of their very own undercover operatives, Richard Bistrong, who helped them sting the first 22 alleged wrong doers. (Read the rest of the story here…)

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KBR can’t run with the big dogs – Army tells them to stay on the porch

Army snubs KBR under latest combat support services contract

By ELISE CASTELLI | Last Updated: December 2, 2009

Dog on porch

The top dog in contracted support services for the military since 2001 has been KBR. As the sole vendor on the LOGCAP III contract, KBR won $37 billion worth of work to provide troops deployed to Iraq, Afghanistan and Kuwait with everything from dining hall and laundry services to recreation and mail delivery.

No more.

In the year since the Army awarded a new, follow-on combat-support services contract — called LOGCAP IV — to three vendors, including KBR, the company has not won any work.

All seven task orders awarded so far — for a variety of support service in Kuwait and Afghanistan — went to the other two vendors on the LOGCAP IV contract: DynCorp and Fluor. Fluor won $500 million worth of work; DynCorp won $750 million. Under the contract, all three vendors must compete for all task orders.

Under LOGCAP IV, which was awarded in June 2007, each of the three companies has the potential of performing $5 billion worth of work per year.

Lee Thompson, executive director of LOGCAP, declined to say why KBR has not won any work under the new contract. Those decisions are “source-selection sensitive,” he said.

But Thompson pointed out that the Army added two additional vendors to the LOGCAP IV contract to generate innovative solutions at the best prices. According to Army solicitations, the key criteria for LOGCAP IV task order awards, in order of importance, were technical skills, past performance and price.

Also, the Army became aware of limitations in having a sole-source arrangement under LOGCAP III. With three vendors, there is another vendor to provide people and services if one or two of the competitors are fully committed elsewhere, Thompson said.

“That’s the whole thing with competition,” Thompson said. “You get that flexibility.”

Auditors repeatedly criticized LOGCAP III’s inflexibility and said the sole-source nature of the contract led to overpricing and shoddy services in some cases.

In a statement, KBR spokeswoman Heather Browne shrugged off the company’s LOGCAP IV losses and LOGCAP III criticism. “KBR will work to maximize our service offerings to the military and therefore maximize our chances of success of obtaining work under LOGCAP IV,” Browne said in a written statement. “No company is better positioned to provide support on LOGCAP IV than KBR.”

In snubbing KBR in the first seven task orders on the contract, the Army apparently sees it differently.

KBR protested three of those decisions before the Government Accountability Office, but was unsuccessful.

In two cases, GAO said KBR lost the competitions because it failed to follow Army instructions. (Link to original article)

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Lt. Col. James “Jim” Gentry dies at age 52

Lieutenant Colonel James Gentry, Indiana National Guard

Lieutenant Colonel James Gentry, Indiana National Guard

(See Funeral Notice update below)

Sadly, I have learned Lt. Col James “Jim” Gentry has lost his battle with cancer and has died in Indiana at the young age of 52. Gentry was diagnosed with cancer in 2006. A cancer he felt was caused by his exposure to the deadly carcinogen known as sodium dichromate at the Qarmat Ali water plant in Southern Iraq in 2003.

A retired Indiana National Guard lieutenant colonel, Gentry was the commander of the 1st Battalion, 152nd Infantry, which, at about 600 soldiers strong, was in Iraq from February 2003 to February 2004.

This Indian National Guard unit was responsible for protecting US civilians working for KBR at the Qarmat Ali water plant in Southern Iraq. Returning this water plant to full operation was essential to restoring Iraqi oil production and KBR had the contract to do that.

Unfortunately, upon retreat, Saddam loyalists sabotaged the plant by cutting open bags of sodium dichromate, a yellow-orange powered rust inhibitor, and spread it everywhere. Not being informed by KBR management what this powder was, soldiers and civilians alike took few precautions to protect themselves.  People started experiencing symptoms of chronic nose bleeds, headaches, skins lesions. Even after countless complaints KBR did not test the substance and inform anyone as to the hazards. Click HERE for five short (18 min total) deposition testimony videos of KBR management putting their spin on why soldiers and civilians weren’t informed of the inherent health risks of this “yellow-orange” powder.

Gentry, even after being retired and diagnosed with cancer, led his soldiers with strength and dignity. He became an outspoken advocate demanding investigations and VA coverage for illnesses believed to have been caused by the toxic exposure.

Jo Frederiksen is a construction manager who worked with Gentry during his second tour in Iraq. She said,

“He was the consummate leader and professional who always put others first before himself.”

“Jim’s courage and selflessness continued even after he was diagnosed with a devastating disease and given a terminal prognosis.”

Because of Lt. Col. Gentry hundreds if not thousands of US National Guard soldiers from the states of Indiana, Oregon, West Virginia, British troops and US and Iraqi civilians are now aware of their potential exposure. Congressional Hearings have been held, Department of Defense Inspector General Investigations have been initiated. Lawsuits have been filed. Click HERE for everything I have on the sodium dichromate exposures at Qarmat Ali.

Senator Bayh (D-IN) said,

“I promised Lt. Col. Gentry I would use my position to get them the care they deserve and to make sure we protect our soldiers from preventable risks like this in the future.”

Frederiksen said,

“Jim came forward to speak out on behalf of the troops he commanded. … I hope that his country and its people will give Lt. Col. Gentry and his troops the honor and respect they deserve for their sacrifices, while serving our country with valor.”

My most sincere condolences to Lt. Col. Gentry’s family and friends, both in the private sector and military.

As for KBR, I would think in this case, they could be charged with treason. They knowingly exposed out soldiers to a chemical that is killing them.

Updated Nov 30, 2009 - The original article in the Times Mail stated that Lt. Col Gentry was not a part of the suit against KBR. He in fact did join the other litigants earlier this year after he saw more of the documentation and testimony about what KBR’s managers knew and when they knew it.

Ms Sparky

UPDATED Nov 30, 2009 Funeral Notice:

Lt. Col. James Gentry

52; Iraq War veteran

Funeral service for Lt. Col. James Gentry, 52, of Williams, will be at noon Tuesday, Dec. 1, at the Kraft Spring St. Chapel with burial with Full Military Honors in Pleasant Ridge Cemetery in Starlight.

He was retried from the Indiana Army National Guard after serving as commander of the 1st Battalion, 152nd Infantry and two tours of duty in Iraq. He was a former resident of Indianapolis and was a native of Mitchell.

Survivors include his wife LouAnn Grube Gentry; children Sarah Clark (Will), of New Albany, Jason Newman, of Indianapolis, Emily Gentry, Bloomington, Jennafer Newman, of Santa Anna, Calif., Ellen Gentry, of Georgetown; parents George and Brenda Sue Gentry, of Mitchell; brother Sanford Gentry (Valerie) of Williams; and sister Carolyn Hodges (Franks), of Mitchell.

He was preceded in death by his brother Randy Gentry.

Visitation will be from 3 to 8 p.m. Monday, Nov. 30, at Kraft Funeral Service, New Albany.

Expressions of Sympathy can be made to Uplands Hospice, 1500 West Main St. P.O. Box No. 9, Mitchell, Ind., 47496.

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Will KBR “fly right” for the Air Force?

The Air Force should already know better than to award contracts to KBR! Who made this Air Force Aircraft Identification Chart anyway?

The Air Force should already know better than to award contracts to KBR! Who made this Air Force Aircraft Identification Chart anyway?

KBR Wins Part of $3 Billion Air Force Contract

By Camille Tuutti

November 24, 2009

(Govconwire.com) Defense contractor KBR has been awarded a basic contract from the U.S. Air Force Center for Engineering and the Environment Contracting Officer to compete for future task orders under the Worldwide Environmental Restoration and Construction 2009 program.

Under the base contract and upon award of future task order, KBR will provide engineering and construction activities necessary to meet Air Force and other customer requirements. The WERC09 is an indefinite delivery/indefinite quantity contract containing cost-plus-fixed fee, firm-fixed price, fixed-price incentive firm, and cost-plus-incentive fee contract types, which will be established with each task order award.

The total contract value to be dispersed among participating contractors is $3 billion. There is a base contract period of five years. (Click HERE for original article)

We are pleased to have been selected by the AFCEE to bid for future projects under the Worldwide Environmental Restoration and Construction contract,” said Bill Bodie, President, KBR North American Government and Defense. “Our long-standing commitment to provide high quality services to our military customers remains steadfast, and I am confident KBR will execute task orders under this contract with the same level of quality the military has come to expect from KBR.

Whoever writes that stuff for Bodie is most certainly being considered for a Pulitzer Prize, in the fictional literature category of course.

I guess I will have to start a new category for this contract as well.

Ms Sparky

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Up to their asses in alligators!

Stock chartKBR Inc. has been downgraded to Neutral at Broadpoint AmTech Research . Broadpoint AmTech Research downgrades KBR to Neutral from Buy until they get closer to more visible catalysts. More visible catalysts? I think that’s “broker speak” for contract awards? The firm says the award opportunities they anticipated when they upgraded the stock in May have been determined and award tracker suggests sluggish awards prospects for KBR until mid-2010. Would that mean the potential for future contracts is slim? They believe KBR shares provide attractive valuation for investors looking 6 months + out, but absent any near-term award catalysts, they prefer other Buy rates names.

KBR saw little change in price throughout September and most of October. Then on October 22nd KBR started consistently trending down. This was just a  week before KBR’s announced it’s 3Q profits were down %14.

Since October 22, KBR has lost almost 25% of it’s value. That means all those Board Members and executives that we can’t seem to indict are now worth that much less. For the other shareholders who have lost money…. I’m sorry that’s what happens when you sleep with the devil!

Yesterday an announcement was made that a criminal indictment had been filed against PWC aka Agility Logistics for, among other things,  over charging for food for our soldiers. The US Government is seeking to recover $3-9 Billion. I have to ask…..just how involved is KBR in that? They managed the dining facilities that prepared the food. They ordered the food!!

Alligator

I’ll bet KBR can feel those gators nipping at their asses about now….and rightfully so!

Ms Sparky

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Posted in KBR. 5 Comments »

How KBR poisoned our troops-Toxic Tour of Duty: Part 2

The poisoning of our US troops and civilians at Qarmat Ali is a clear example of KBR’s total disregard for the safety of their employees and their client.- Ms Sparky

by Melissa Swan
Posted on November 2, 2009

Related links to this article

(WHAS11)–Russ Kimberling has nearly 2,000 images from Iraq on his computer.  They chronicle his duties there as a captain in the Indiana National Guard.

Kimberling now pours over the pictures wondering why he and other soldiers weren’t warned about a yellowish substance in thesand at Qarmat Ali, a water injection plant near Basrah.

Kimberling recently told me, “If it came up they would say don’t worry about it.  It’s a mild irritant.  It’s not a big deal.  You may get a bloody nose.  It’s not a problem.”

He says he got that “don’t worry” message from workers with KBR, an American contractor headquartered in Houston, Texas and at the time owned by Halliburton.

KBR was restoring Iraqi oil fields.   The guard members were protecting the private contractors.

Clinton Hammack is a retired National Guard soldier from Tell city who says he wasn’t too concerned about what he calls “dirty sand.”  He says “You know I didn’t worry about it.  I did what I was there to do – take care of the contractor.”

The yellow substance in the sand was later confirmed to be sodium dichromate.  The Environmental Protection Agency calls it a human carcinogen.

It was used as an anti-corrosive at the Qarmat Ali plant before the Americans arrived.  It may have been spread by Iraqis to sabotage the site at the beginning of the American invasion.

Currently 51 Southern Indiana National Guard members have filed a federal lawsuit against KBR claiming the company knew about the chemical and endangered the soldiers’ health.

Kimberling says one day in Iraq he realized the yellow substance might be more than a mild irritant.

He says, “I remember that day when we jumped out, jumped out of the vehicle.  I’m kicking the ground around.  I’m kicking the ground and everyone’s in chemical gear all protected but not me or any of the soldiers.”

He says the people in the protective gear were managers from KBR.  He remembers thinking at the time, “They know something we don’t and it can’t be good.

Mike Doyle the attorney for the National Guard Members who have filed suit says, “That’s what’s kind of frustrating about it.  You have these fellows they have every reason to expect if KBR knew — and they did — there was this poison they’ll tell them about it.”  (Link to original article)

Statements from KBR’s Director of Communications

Heather Browne, KBR’s Director of Communications on when the Company was told about Sodium dicromate at Qarmat Ali Water Injection Plant:

It is important to remember that to date the plaintiffs still show no signs of illness consistent with the long-term sodium dichromate exposure they allege. Medical reports by both the U.S. and British Military support this finding as well as findings from the plaintiff’s own doctors.

KBR engineers learned around June 1, 2003, that sodium dichromate was previously used at Qarmat Ali by the Iraqi state-owned Southern Oil Company.  The Southern Oil Company had used sodium dichromate as an anti-corrosive agent in the chemical injection process, but it was no longer being used and the water plant was not operational.  The June 21, 2003 memo attached to your email reflects KBR’s first awareness that the sodium dichromate used in the past may have contaminated some of the soil surrounding the plant.

As KBR’s efforts at the Qarmat Ali facility continued, it notified USACE about the potential contamination of the soil by sodium dichromate in late July 2003.  KBR subsequently worked with the military to conduct air and soil testing to confirm the presence and extent of the contamination.  Once contamination was confirmed, KBR received authorization from the military to commence remediation efforts, which it immediately began.

In addition, KBR initiated a medical surveillance program for its workers.  The U.S. military and the British military initiated a similar medical surveillance program for military personnel who had been at the plant.  The results were negative for signs and symptoms of exposure to sodium dichromate or hexavalent chromium.  Regardless, out of abundance of caution, the U.S. Army and KBR decided to discontinue all work at the plant pending additional air and soil testing.  The plant subsequent was closed and remained closed until mid-October 2003.

Statements from Attorney for Indiana National Guard members

Mike Doyle, Attorney for Indiana National Guard members in Federal Lawsuit:

“Having spent time recently with Jim Gentry and knowing what the VA has recently confirmed for the US Senate about the health affects of soldiers exposed to hexavalent chromium at KBR’s Qarmat Ali project, KBR’s claim of no ill health effects is contrary to the known facts.  KBR has been continually changing its story about what it knew and did about the dangerous chemicals present, and these most recent admissions only came when the previously concealed Kimbro memo was revealed during his testimony this month.  There is still no explanation, nor can there ever be, for KBR’s concealing of what it knew for months from Jim Gentry and our soldiers serving in Iraq.”  (Link to original article)

Click HERE for Part 1

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How KBR poisoned our troops-Toxic Tour of Duty: Part 1

The poisoning of our US troops and civilians at Qarmat Ali is a clear example of KBR’s total disregard for the safety of their employees and their client.- Ms Sparky

by Melissa Swan
Posted on November 2, 2009

Related links to this article

(WHAS11)–Tell City, Indiana is the small Perry County seat.  It’s where a giant We Support the Troops banner hangs on the county courthouse and many a man here has served in the military.

It’s where I visited recently with Clinton Hammack who told me, ” I enjoyed being in the military or I wouldn’t have stayed and retired.”

Hammack reenlisted while he was in Iraq and while there he had a huge portrait of him and his wife painted from a photo he carried to war with him.

Lucas Whistle leaves just down the road from Hammack and agrees that military service was good for him.   He told me, “The military gave me a lot of opportunities that I would never get in just a regular life.”

Whistle has permanent reminders of his military days.  Tattooed on his chest are the initials U.S. and the sword of the infantry.     His son, three month old Tikelan is named for Lucas’s best army buddy.

Russ Kimberling, a newly remarried father of two was their captain in the 1-152 infantry battlion.   They were sent to Iraq in 2003 and assigned to Task Force RIO — Restore Iraqi Oil.

According to Hammack the National Guard Soldiers were basically like bodyguards for the American contractors paid to get the oil flowing again.   Hammack puts it like this, “Make sure I’m looking out over the horizon and they ain’t nobody on the roof start to shoot.”

The contractor, KBR, then owned by Halliburton is headquartered in Houston, Texas.  Everyday the soldiers rode out in non-descript white pickups and SUVs with the KBR contractors.

They traveled to the oil sites that were likely sabotaged by Iraqi forces just before the American invasion.  One of the work sites was a water injection facility in Qarmat Ali near the southern Iraqi town of Basrah.   The water from the injection plant was used to force oil out of the ground.

Now, Hammack, Whistle and Kimberling along with 48 other National Guard troops from Southern Indiana have filed a federal lawsuit again KBR.

They believe it wasn’t what was on the horizon that put them in the most danger it was what was on the ground at Qarmat Ali.

“Orange, I would say and it was all over the ground…saturated the ground, ” Kimberling says.  “There were ripped opened bags strewn all over the site …away from the building.

The soldiers would work in it all day, eat in it, the wind could be blowing on the food then they take it back to the sleeping quarters because it was all over their uniforms, boots so they really never got away from it.

Hammack says . ” It was kind of an orange, yellow color.”  And you can see it in a military document sent to the National Guard members in August of last year.

Now, six years later the soldiers know its name.    Sodium dichromate.  It’s toxic component is chromium hexivalent the same chemical at the center of the movie, Erin Brockovich.

The lawsuit claims KBR knew about the toxic chemical at Qarmet Ali and failed to warn the soldiers.   Mike Doyle the attorney for the Indiana guardsmen who have filed suit says the soldiers were getting nose bleeds, rashes and having difficulty breathing.

Kimberling says, “I didn’t have any issues until I hit that site.  When I hit the site I started having sinus problems, headaches, bloody noses and then I got a perforation in the left nostril of my nose.

When the ENT, he was looking in my nostril hit the light and you could see it inside my nose.”

Lucas Whistle also has mysterious rashes on his nose and congestion.

He told me, ” I get nose bleeds and usually when I get them ..they’re pretty bad..bad enough to where the towels and clothes I’m wearing we have to throw them away.  When I lay in there at bed at night and I get to coughing and I can’t breath.”

Clinton Hammack says, ” I do worry about it and I worry about what’s going to happen later on.”

But they believe they know what might be in store.    Dave Moore was from Dubois County and the 42 year old father of a little girl.   He died in 2008 from an inflammatory lung disease.

According to his attorney Mike Doyle,  Lt. Colonel Jim Gentry was a robust commander when he was in Iraq in 2003.   Now  at 52 years old he’s dying from lung cancer.

Last year while taping a deposition for the federal lawsuit, Gentry said, “We should have been told.”   Jim Gentry is currently undergoing radiation treatments in an Indianapolis hospital.

The National Guard soldiers who have filed suit against KBR say they have recently obtained a document that proves the company knew about the toxic chemical before the soldiers were told.

As for KBR, the corporation strongly denied the claims made by the National Guard members.   In part two of this report, see what KBR says about the orange substance at Qarmat Ali. (Link to original article)

Click HERE for Part 2

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Wartime commission scrutinizes contractors’ role in Iraq drawdown (link to video)

(Link to Commission Hearing video)

Wartime commission scrutinizes contractors’ role in Iraq drawdown

By Elizabeth Newell November 2, 2009

The struggle to balance contractors with military and civilian government personnel in Iraq continues — and might be intensifying — as the military effort there tapers off.

Witnesses told the Commission on Wartime Contracting on Monday that contractors are playing a strong supporting role in the drawdown in Iraq, and the ratio of contractors to military personnel is likely to increase before it decreases. Rear Adm. Thomas Traaen, vice director for logistics for the Joint Chiefs of Staff, said the number of contractors will not decrease as quickly as the number of federal employees in theater, because contractors must help close forward operating bases and redeploy equipment.

According to Traaen, the ratio of contractors to military in Iraq was 1:1 for the past several years, but likely will increase to about 1.5:1 by August 2010. “As the forward operating bases close and equipment is redeployed, that ratio will also start to decrease,” he said. “These numbers will be flexible, and there will be a continual decrease in both contractors and military as the drawdown progresses.”

Commission co-chairmen Christopher Shays and Michael Thibault agreed that the absolute and comparative numbers of contractors could rise as military units move out of bases and contractors prepare for base handover or closure, but they said the general trend should move toward a decline in the number of contractors.

“We need to be clear about the role of contractors in supporting the Iraq drawdown and be sure that numbers of contractor personnel are appropriately geared to the reduction of U.S. military strength and base closures, and are being timely adjusted for that reduction,” Thibault said, also speaking on behalf of Shays. “Either way, the government needs to monitor and adjust as appropriate the contractor staffing needed to support the mission.”

William Solis, director of defense capabilities and management at the Government Accountability Office, testified that the Defense Department has not yet fully determined its need for contractors during the drawdown or the extent to which it will move contractors out of Iraq to address other needs.

The Defense Contract Audit Agency waved a red flag by reporting that contractor KBR Inc., which will manage significant portions of the drawdown under the Logistics Civil Augmentation Program (LOGCAP) III contract, already is costing the government millions of dollars by ineffectively withdrawing its own staff. Outgoing DCAA Director April Stephenson said an audit performed in October showed KBR could save the government at least $193 million by improving its staff management and aligning its drawdown with the military’s.

“When the military reduced its troop levels from 160,000 to 130,000 — a 19 percent reduction — KBR’s staffing levels remained constant,” Stephenson said. “At the time of the audit, KBR did not have a detailed, written plan to reduce staffing levels in consonance with the military drawdown.”

DCAA estimated that without significant action, the ratio of KBR staff to troops would shrink from 1:9.4 before troop drawdown began to 1:3.6 by August 2010.

Under LOGCAP III, KBR will be responsible for providing logistic services in support of the withdrawal of theater transportation equipment, the retrograding of supplies and equipment, and other logistics such as packaging equipment for shipment.

In addition to discussing contractors’ role in the Iraq drawdown, the commission noted the difficulties the Defense Department and other agencies face as they track the number of contractors working in contingency zones.

“How can contractors be properly managed if we aren’t sure how many there are, where they are and what they are doing?” Thibault asked.

The commissioners also followed up on the relationship between DCAA and the Defense Contract Management Agency, which panelists called dysfunctional during an August hearing. Officials from both agencies and Shay Assad, director of the Defense Procurement Acquisition Policy Office, said they were working to improve cooperation and take a more uniform, compatible approach to contractor oversight. (click HERE for original article)

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Senate DPC schedules hearing on Burn Pit issues for Nov 6

Burn Pit Hearing

Witnesses at this hearing, which will be the twenty-first in a series of hearings held by the Democratic Policy Committee on contracting abuses and corruption in Iraq and Afghanistan, will discuss the health risks associated with the continued use of open-air burn pits by the U.S. military and contractors in Iraq and Afghanistan.  Although military guidelines allow the use of burn pits to dispose of waste only in emergency situations, most large U.S. military installations have continued to use burn pits for years, despite growing evidence that exposure to burn pit smoke may be causing an increased incidence of chronic lung diseases, respiratory ailments, neurological disorders and cancer.  Hearing witnesses will testify that plastics, paint, solvents, petroleum products, rubber, and medical waste, including human body parts, have been burned in the pits.  Former private contractors will testify that even at established bases in the Green Zone, companies continued to use burn pits instead of clean-burning incinerators to reduce costs and increase profits.

Hopefully we will be able to watch this on C-SPAN

The times are Eastern Standard Time

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Audit warns KBR to cut number of employees in Iraq

By RICHARD LARDNER (AP) – 54 minutes ago

WASHINGTON — Pentagon auditors are warning the Army’s primary support contractor in Iraq, responsible for everything from mail and laundry to housing and meals, to cut its work force there or face nearly $200 million in penalties for keeping thousands too many on the payroll.

According to an internal Defense Department audit, Houston-based KBR Inc. has increased employee levels while U.S. troops steadily leave the country after more than six years of war. As a result, the U.S. government is paying far more in labor costs in Iraq than it should as military resources are shifted to Afghanistan.

“Each day that passes without taking action results in continued overstaffing and inefficiency,” the report from the Defense Contract Audit Agency says.

The Oct. 26 audit, obtained by The Associated Press, opens a window into a behind-the-scenes battle over KBR’s billing and management practices. The company provides crucial battlefield services under a $33.8 billion, 10-year deal signed in 2001.

There have been serious disagreements between KBR and defense auditors, who have challenged billions of dollars in charges as questionable. And KBR’s critics, many of them Democrats on Capitol Hill, have accused the company of gouging the government during a time of war instead of being a responsible steward of public money.

The report from the audit agency, the military’s first line against waste and fraud, is sure to reinvigorate KBR’s detractors. The audit also reveals a confrontational approach that a congressional oversight committee has said the agency uses too sparingly when dealing with contractors.

Last week, director April Stephenson was forced out of her job following unflattering reviews of the agency’s performance. Stephenson, whose last day as director is this coming Friday, is scheduled to appear Monday at a hearing held by the independent Commission on Wartime Contracting on the management of contractors in Iraq and Afghanistan.

KBR officials reviewed the audit before it was finalized and their responses are included in the 26-page report. They disagree with many conclusions, saying the company has planned to cut employee levels in Iraq. But these efforts have been slowed while KBR waited for formal guidance from the military on the drawdown, they said.

In an e-mailed statement, KBR spokeswoman Heather Browne said the company is reviewing the final audit and is closely engaged in the military’s drawdown planning. She said the company’s work in Iraq “is being conducted in the ever-changing environment of a war-zone which brings its own daily challenges and priority tasks.”

But KBR’s planning consists of a series of “disjointed processes” and weak accounting procedures when a detailed, forward-looking strategy is needed for dealing with a drawdown that was announced nearly a year ago, the report says. A small company might be excused for such a shortcoming, it says, but KBR should not be.

“A large corporation with nearly 17,000 direct hire employees in Iraq can not effectively communicate a consistent strategy at all levels of management without a formal written plan,” the audit states.

KBR had 17,034 employees in Iraq in January 2008, when there were about 160,000 American forces there to quell a growing insurgency, the audit says. Yet as of this Sept. 1, there were 17,095 KBR employees in Iraq even though troop levels had dropped to about 130,000, bases had closed and the services KBR provides were being scaled back.

Current plans call for the number of U.S. troops in Iraq to fall to 50,000 by August 2010. All American forces are scheduled to be out of the country by December 2011.

Although KBR already should have made significant reductions, the report proposes giving KBR until Jan. 1 to put in place a plan that would trim 2,857 employees identified in the audit as excess. Each full-time KBR employee earns about $8,425 a month in pay and benefits, the audit says, so the employee cuts will produce nearly $193 million in labor costs between the first of January and the end of August, the audit says.

The auditors say if KBR does not make the recommended changes or take even more aggressive steps, the agency will challenge future costs for the excess staff as being “unreasonable,” which means the company may not be paid by the government.

The final call, however, on whether to implement the audit’s recommendation and withhold any payments rests with the contract managers at Army Sustainment Command in Rock Island, Ill.

The command said Friday it has not completed its analysis of the audit. Lee Thompson, a senior command official, is scheduled to testify at the contracting hearing Monday.

Michael Thibault, co-chairman of the commission, said contractors have an obligation to reduce costs without being told to do so by the government.

“I would hope that the Army is going to be all over this,” he said. (click HERE for original  article)

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Bodie to head up “Crime Central” for KBR!

I understand there is a new Federal Prison being built in West Virgina. Hopefully this is in anticipation of future convictions!!

KBR Announces Appointment of North American Government and Defense President

Mon Oct 19, 2009 10:21am EDT

HOUSTON-KBR (NYSE: KBR) today announced that William C. Bodie has been appointed President of KBR`s North American and Defense business. This business will be responsible for KBR`s activities on behalf of U.S. and other North American government and defense customers.

During his tenure with KBR, Bodie has overseen liaison activities with KBR`s global Government and Infrastructure customers and has been responsible for the business unit`s development, marketing, government affairs and internal communications functions. Prior to joining KBR, Bill served as Vice President, Defense Programs at DFI International, a major analytical services firm for the Office of the Secretary of Defense and the US Military.

Bodie also served as the first Communications Director for the US Air Force from 2001 – 2004, where he reported directly to the Secretary and Chief of Staff of the Air Force. At the Air Force, he was also a senior advisor on policy and communications to Air Force leadership. Bodie was also a Senior Fellow at the National Defense University, the nation`s highest professional military education institution, where he authored numerous published articles and essays on national security affairs and emerging markets.

Bodie has a Master`s Degree in politics from New York University and a Bachelor`s Degree in history from Columbia University.

KBR is a global engineering, construction and services company supporting the energy, hydrocarbon, government services, minerals, civil infrastructure, power and industrial markets. For more information, visit www.kbr.com.

KBR
Director, Communications
Heather Browne, 713-753-3775
heather.browne@kbr.com
or
Director, Investor Relations
Rob Kukla, Jr., 713-753-5082
investors@kbr.com

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Senator Franken pulverizes de Bernardo

If you just hate KBR attorney’s and everything they stand for then this video is for you!! I’m not sure how I missed this hearing! So many hearings….so little time. But, on October 7, 2009 The Senate Judiciary Committee chaired by Senator Patrick Leahy (D-VT) held a hearing on “Workplace Fairness: Has the Supreme Court Been Misinterpreting Laws Designed to Protect American Workers from Discrimination?” Wintesses were among others Jamie Leigh Jones KBR rape victim and former KBR employee and Mark De Bernardo KBR arbitration attorney :( (Yuck!!) In typical Senator Franken style he just chews up de Bernardo!! Well worth the watch! There must be a special place in Hell for KBR attorney’s.

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