Posted: 2:52 am EDT
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The State Department has issued a Pre-Solicitation Notice of the Government’s intent to issue a solicitation for the renovation of Pol-i-Charkhi (PIC) Prison in Kabul, Afghanistan. The project includes renovations in Blocks 1, 2 & 3 and extensive infrastructure and satellite structure improvements to the facility. Actual solicitation documents are only accessible using the restricted portion of www.fbo.gov, so we have not been able to read the details of this renovation.
This is, however, the same prison which is the subject of an October 2014 SIGAR report, Pol-i-Charkhi Prison: After 5 Years and $18.5 Million, Renovation Project Remains Incomplete (pdf). This is Afghanistan’s largest correctional facility, funded in its initial construction by the Soviet Union in 1973. It is designed for approximately 5,000 prisoners but housed nearly 7,400 during SIGAR’s inspection last year. Extract below from the SIGAR report:
- In June 2009, in response to damage caused by 35 years of neglect, Soviet occupation, and warfare, the Department of State’s Regional Procurement Support Office (RPSO) awarded an INL-funded renovation contract to W (AWCC)—an Afghan firm—for $16.1 million. Following two modifications, the contract’s overall value increased to $20.2 million.
- In November 2010, the RPSO terminated AWCC’s INL-funded renovation contract at the government’s convenience based on unsatisfactory performance.4 Following contract termination, INL awarded Batoor Construction Company—an Afghan company—a $250,000 contract to document AWCC’s work completed under the renovation contract.
- More than 5 years after work began, renovation of Pol-i-Charkhi prison has not been completed, and the contract has been terminated for convenience. Following the RPSO’s termination of the INL-funded contract in November 2010, Batoor Construction Company reviewed and documented AWCC’s work completed under the renovation contract. In March 2011, Batoor reported that AWCC completed approximately 50 percent of the required renovation work. Batoor’s report also noted multiple instances of defective workmanship including the lack of backfilling of trenches, not repairing/replacing broken fixtures, lack of proper roof flashing and gutters, and soil settlement issues. For example, the report noted that there were no metal flashing or gutters installed on one of the prison blocks resulting in damage to surface paint and moisture penetration in supporting walls.
- We conducted our prison inspection on April 19, 2014, but were limited by the fact that the renovation work had been completed more than 3 years prior to our site visit. We found that the prison holding areas had been reconfigured into maximum, medium, and minimum security cells, and the cells contained the required sinks and toilets. Our inspection of the renovated industries building and kitchen facilities did not disclose any major deficiencies. We also found that AWCC procured and installed the six back-up power diesel generators, as required by the contract. However, the generators cannot be used because they were not hooked-up to the prison’s electric power grid before the renovation contract was terminated. INL officials told us that the work necessary to make the generators operational—primarily installing paired transformers—will be done under the planned follow-on renovation contract, which they hope to begin in late 2014 or early 2015.
- INL officials told us they anticipated an award of a follow-on contract by the spring of 2015 to complete the renovation work initiated in 2009 and a separate contract to construct a wastewater treatment plant. They estimated the renovation work would cost $11 million; the wastewater treatment plant, $5 million.
- On November 5, 2010, the contracting officer issued a Stop Work Order which noted that AWCC’s performance was deemed unsatisfactory due to its lack of progress on the project, labor unrest at the work site, and a lack of supplies to maintain efficient progress. Then, on November 26, 2012, the RPSO contracting officer issued AWCC a termination for convenience letter.
- After a 2-year negotiation that concluded in December 2012, RPSO agreed to an $18.5 million settlement with AWCC—92 percent of the $20.2 million contract value. RPSO agreed to the settlement despite INL and Batoor reports showing that AWCC only completed about 50 percent of the work required under the contract. The contracting officer who negotiated the settlement for the U.S. government told us that the final award amount reflected actual incurred costs and not any specific completion rate. The contracting officer noted that an RPSO contract specialist and an Afghan COR10 assisted her in lengthy negotiations with AWCC and joined her for the final round of discussions in Istanbul, Turkey, which concluded with the signed settlement agreement.
- Although the contracting officer was able to execute some oversight and issue clear warnings to AWCC regarding its performance, INL’s oversight efforts were compromised by a U.S. employee who served as the COR for the AWCC renovation contract as well as the Basirat design and project monitoring contract. The COR served in this capacity until May 2010, when he was suspended after INL and State’s Office of Inspector General found that he had accepted money from Basirat to promote the company’s interests. The COR was convicted and sentenced by a U.S. District Court for accepting illegal gratuities from Basirat.9 As a result, in August 2010, State suspended Basirat from receiving any government contracts. In August 2010, State also suspended AWCC from receiving government contracts based on receiving confidential proposal information from Basirat concerning State solicitations.
- The contracting officer added that during these final negotiations the COR [contracting officer’s representative] concurred with many of the contractor’s assertions. In June 2013, just 6 months later, the COR’s designation was suspended amid concerns that he may have colluded with another INL contractor, an issue discussed in our May 2014 inspection report on Baghlan prison.11 As noted in that report, INL suspected this COR of enabling a contractor to substitute inferior products and materials, failing to discover substandard construction, approving questionable invoices, and certifying that all contract terms had been met at the time of project turnover to INL even though construction deficiencies remained. The COR resigned in August 2013. SIGAR investigators are currently conducting an inquiry to determine whether the contractor or other U.S. government officials were complicit in these alleged activities.
So — the previous contractor collected an $18.5 million settlement, 92 percent of the $20.2 million contract? But it only did 50 percent of the work required under the contract? Maybe we should all move to Kabul and be contractors?
And now, there will be a new $16M contract? Which will have modifications, of course, and will not really top off at $16M.