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Inbox: Female Contractor at DS Training Center Fired 3 Hours After Filing Harassment Complaint

Posted: 3:19 am ET

 

In response to our June 20 post Diplomatic Security’s Basic Special Agent (BSAC) Training: Sexual Harassment Alert!, we received the following:

To add:

There are only two female DS Agents assigned to the DS Training Center.

There is currently an EEO suit being brought by a contract female instructor who was fired from the DS Training Center three hours after she submitted a harassment complaint. In the complaint, a male PSC co-worker frequently harassed the female instructor, and, given the timing of the termination, this is an egregious violation of whistleblower/EEO diversity/harassment free workplace regulations and policies. The male PSC employee is still employed and complaints about his dealings with female students and employees persist.

 

via reactiongifs.com’

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@StateDept Says It’s “Unfortunate” That It Withholds Employee Survey Results From Public 😢 Hu-Hu!

Posted: 1:59 am ET

 

Via govexec.com:

“Unfortunately, the results of the survey will not be available,” said Nicole Thompson of the department’s Office of Press Relations. That position comes in spite of the fact that a copy of the 110-page survey report from Insigniam, a consulting firm, was leaked to the Wall Street Journal, which published excerpts.

Hey, that’s the $10K/page report that the American taxpayers paid for but cannot read publicly. “Unfortunate” is an understatement. We also don’t know who owns the data collected during this study. Do you?

The contractor has asserted its copyright on the report — provided for under the FAR — in which case, “when claim to copyright is made the Contractor grants the Government, and others acting on its behalf, a license to the work.” Also that “The Government’s license includes the right to distribute copies of the work to the public for government purpose.” So in this case, by not making the report public, the State Department has decided that the American public does not have a right to see a report it paid for.

Folks, this is going to be the document that Mr. Tillerson will cite in reorganizing, no, excuse me, downsizing his own agency, the oldest executive agency in our history, and the public is not allowed to read it?  Holy moly guacamole! Help me! I can’t stop crying 😢 😢 😢 …

If Contractor is Allowed to Assert Copyright in a Work Produced Under a Government Contract, What Rights Does the Government Have?

Federal Acquisition Regulation (FAR) was established to codify uniform policies for acquisition of supplies and services by executive agencies. The following from the Frequently Asked Questions About Copyright Issues Affecting the U.S. Government  addresses the issue of copyright from an operations perspective:

A contractor’s assertion of copyright in a work produced under a DFARS contract does not provide any restrictions to the Government’s use of the work (see DFARS 227.7103-990 and 227.7203-991). In a FAR contract, if the contractor is permitted to assert copyright, the Government will acquire a license to the copyrighted work. The extent of the license may depend on the type of work created (see FAR 52.227-1492).

Under the FAR, when a contractor asserts copyright in a work first produced in the performance of a contract with a civilian agency or NASA, the contractor must place a copyright notice acknowledging the government sponsorship (including contract number) on the work when it is delivered to the Government, as well as when it is published or deposited for registration with the U.S. Copyright Office (see FAQ Section 4.8). If no copyright notice is placed on the work, the Government obtains unlimited rights in the work. Unlimited rights allow the Government to provide the work to another contractor and distribute the work to the public, including posting the work to a public web site. Otherwise, when claim to copyright is made the Contractor grants the Government, and others acting on its behalf, a license to the work.

The Government’s license is a nonexclusive, irrevocable, worldwide license to use, modify, reproduce, release, perform, display or disclose the work by or on behalf of the Government. The Government may use the work within the Government without restriction, and may release or disclose the work outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose the work on behalf of the government. The Government’s license includes the right to distribute copies of the work to the public for government purpose. While the contractor may assign its copyright in “scientific and technical articles based on or containing data first produced in the performance of a contract” to a publisher, the Government’s license rights attach to the articles upon creation and later assignment by the contractor to a publisher are subject to these rights. Under some FAR data rights clauses, if the work is a computer program, the right to release or disclose the computer program to the public is not included in the Government’s license. If there is any question as to the scope of the Government’s license, the Contracting Officer or your General Counsel should be consulted.

An example of a copyright statement, which includes a government license, for use with works created under contracts with civilian agencies and NASA is:

COPYRIGHT STATUS: This work, authored by ______________ employees, was funded in whole or in part by _________________ under U.S. Government contract _______________, and is, therefore, subject to the following license: The Government is granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable worldwide license in this work to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government. All other rights are reserved by the copyright owner.

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Former U.S. Naval Attaché to US Embassy Manila Michael Brooks Sentenced in Navy Scandal

Posted: 2:35 am ET

 

On June 16, 2017, USDOJ announced that a former U.S. Naval Attaché and Military Advisor to the U.S. Ambassador in the Philippines was sentenced for taking bribes in a massive U.S. Navy corruption scandal.

A Retired U.S. Navy Captain was sentenced in federal court today to 41 months in prison for his role in a massive bribery and fraud scheme involving foreign defense contractor Leonard Glenn Francis and his firm, Singapore-based, Glenn Defense Marine Asia (GDMA).

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Alana W. Robinson Southern District of California, Director Dermot O’Reilly of the Defense Criminal Investigative Service and Director Andrew Traver of the NCIS made the announcement.

In addition to the 41-month prison sentence, U.S. District Judge Janis L. Sammartino ordered Michael Brooks, 59, of Fairfax Station, Virginia, to pay a $41,000 fine and $31,000 in restitution to the U.S. Navy.  Brooks pleaded guilty in November 2016 to one count of conspiracy to commit bribery.

Brooks, who served as the U.S. Naval Attaché at the U.S. Embassy in Manila, Philippines, from 2006 to 2008, has admitted accepting bribes of travel and entertainment expenses, hotel rooms and the services of prostitutes. In return, Brooks admitted that he used his power and influence to benefit GDMA and Francis, including by securing quarterly clearances for GDMA vessels, which allowed GDMA vessels to transit into and out of the Philippines under the diplomatic imprimatur of the U.S. Embassy. Neither GDMA nor any other defense contractor has ever been granted such unfettered clearances.

Brooks admitted that he also allowed Francis to ghostwrite official U.S. Navy documents and correspondence, which Brooks submitted as his own. For example, Brooks admitted allowing GDMA to complete its own contractor performance evaluations. A November 2007 evaluation, drafted by GDMA and submitted by Brooks, described the company’s performance as “phenomenal,” “unsurpassed,” “exceptional” and “world class.” Brooks also admitted providing Francis with sensitive, internal U.S. Navy information, including U.S. Navy ship schedules and billing information belonging to a GDMA competitor, at times using a private Yahoo! e-mail account to mask his illicit acts.

Twenty-one current and former Navy officials have been charged so far in the fraud and bribery investigation; 10 have pleaded guilty and 10 cases are pending. In addition, five GDMA executives and GDMA the corporation have pleaded guilty.

NCIS, DCIS and DCAA are conducting the ongoing investigation. Assistant U.S. Attorneys Mark W. Pletcher and Patrick Hovakimian of the Southern District of California and Assistant Chief Brian R. Young of the Criminal Division’s Fraud Section are prosecuting the case.

Anyone with information relating to fraud, corruption or waste in government contracting should contact the NCIS anonymous tip line at www.ncis.navy.mil or the DOD Hotline at www.dodig.mil/hotline, or call (800) 424-9098.

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That time when a real property lease in Iraq jumped from $124,000/mo to $665,000/mo

Posted: 2:25 am ET

 

And no one noticed for about five months?

ALEXANDRIA, Va. – A former government contractor was sentenced today to four years in prison for his role in a government contract kickback scheme that caused a loss of more than $3.4 million to the U.S. Department of State.

According to court documents, Wesley Aaron Struble, 49, a U.S. citizen of Batangas, Philippines, engaged in a conspiracy to violate the Anti-Kickback Act in 2011 and 2012 while employed in Iraq as a government contractor. Initially employed by a business identified in court documents as Company B, Struble learned that another business, identified in court documents as Company A, was seeking a lease of real property for use related to a U.S. Department of State contract. Struble knew that Company B was paying approximately $124,000 per month to a third business, identified in court documents as Company C, for a lease of real property. According to court documents, Struble became a manager for Company A, and together with another manager for Company A, engaged in a conspiracy with associates of Company C to make the lease of property available to Company A at an inflated rate of $665,000 per month.

Court documents explained that Struble and the other manager of Company A influenced Company A to lease the property at the inflated rate and in return received at least $390,000 in cash kickback payments from associates of Company C. Struble then concealed cash in packages sent back to family members in the United States, including hiding cash inside stereo speakers. Struble also directed that cash be deposited in bank accounts in a manner designed to avoid detection. The U.S. Department of State, which ultimately paid the lease of real property between Company A and Company C, suffered a loss of approximately $3.4 million. In addition to Struble’s prison sentence, he was also ordered to pay approximately $3.4 million in restitution.

Two of Struble’s co-conspirators—Jose Rivera and Emil Popescu—were charged by indictment on March 30, for their roles in the conspiracy. According to court documents, Jose Rivera pleaded not guilty and is scheduled for a jury trial on August 7. The United States is seeking Emil Popescu’s extradition from Romania.

Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Steve A. Linick, the Inspector General for the U.S. Department of State; and Andrew W. Vale, Assistant Director of the FBI’s Washington Field Office, made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema. Special Assistant U.S. Attorney Brian D. Harrison and Assistant U.S. Attorney Kimberly R. Pedersen prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-44 and 1:17-cr-052.

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Raymond Davis Writes About How He Landed in Prison and Ignited a Diplomatic Crisis in Pakistan (Excerpt)

Posted: 4:59 am ET

 

For three months in the early part of 2011, Raymond Davis was the biggest news out of Pakistan (see links below). This week, he released a book of his account from landing in Pakistani prison to igniting a diplomatic crisis.

Raymond Davis is a former United States Army soldier and military contractor who became the center of an international maelstrom after his involvement in a shooting in Lahore, Pakistan on January 27, 2011. Born and raised in Big Stone Gap, Virginia, Davis spent 10 years in the army, the last six of which he spent as a member of the Special Forces. After being discharged from the army in 2003 because of an injury, Davis worked as a private contractor providing operational security in Afghanistan and Pakistan. (via Amazon)

Leon E. Panetta, Chairman of The Panetta Institute for Public Policy writes: “Reading Ray’s account brought back a lot of memories about the difficult challenges he faced. The book is a tribute to those public servants like Ray who quietly do their job, put their lives on the line, and will do whatever is necessary to protect and defend their country. He is a silent patriot.” (via Amazon)

Excerpt below via Kindle Preview:

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New U.S. Embassy Beirut to Open in Lebanon in 2022

Posted: 1:38 am ET

 

On April 20, 2017, the U.S. Ambassador to Lebanon Elizabeth Richard broke ground on the new U.S. Embassy compound in Beirut, Lebanon.

The multi-building compound will be located in the suburb of Awkar on a 43-acre site. The compound will provide a safe, secure, sustainable, and modern platform that supports U.S. Embassy staff in representing the U.S. Government to Lebanon and in conducting day-to-day diplomacy.

Professionals from the United States, Lebanon, and other countries will work side-by-side to complete this new diplomatic facility. Morphosis Architects of Culver City, California, is the architect for the project. B.L. Harbert International of Birmingham, Alabama is the construction contractor.

The construction contract was awarded in December 2016, and completion of the project is anticipated in 2022.

The multi-building complex project with a total budget of $1,026,043,688 will be constructed on a 43.87-acre site in the Awkar suburb of Beirut, Lebanon, located approximately 9 miles northwest of downtown Beirut and in close proximity to the existing Embassy Compound.

The project will reportedly include a Chancery; Marine security guard residence; support annex and buildings; representational, staff and temporary housing; facilities for the community; and parking.  Extending from the Chancery, ribbon-like residential buildings are designed to frame the campus’ central service and circulation corridor.

According to State/OBO, this compound is OBO’s first project designed to earn LEED for Neighborhood Development certification.  The design will reportedly achieve significant water use reduction both inside and outside the Chancery with over 75% of wastewater to be reused on-site for irrigation to reduce the utility costs, stress on the local infrastructure, and to improve overall resiliency of the site.

An estimated workforce of 2,000 American, Lebanese, and third-country workers are expected to be involved in the construction of the new Embassy.

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Since you’re visiting ….

We have been a reader-supported blog since 2014. We want to keep this blog as open as possible and that’s the reason we don’t have a subscription fee. You know best whether our work is of value to you or not. If it is, and if your circumstances allow it, we could use your help to carry on for another year: Help Diplopundit Get to Year 10 ⚡️

 

New Ambassador to NZ Scott Brown to Arrive at Post With Some Ready Made Headaches in Waiting

We have been a reader-supported blog since 2014. We want to keep this blog as open as possible and that’s the reason we don’t have a subscription fee. You know best whether our work is of value to you or not. If it is, and if your circumstances allow it, we could use your help to carry on for another year: Help Diplopundit Get to Year 10 ⚡️
Posted: 12:25 am ET

 

In January, we heard several concerns about the ongoing construction project at the U.S. Embassy in Wellington, New Zealand related to safety issues, structural and health concerns and communication issues in the work disruption that followed the Kaikoura earthquake in November 2016 (see US Embassy New Zealand’s Chancery Rehab Project: Safety and Health Concerns With Ongoing Construction).  In State/OBO’s response to our prior inquiry, we were told that rehabilitation project of the existing chancery in Wellington to meet seismic and security requirements is scheduled for completion in early 2018.

The new Ambassador to New Zealand and Samoa Scott Brown is reportedly expected to arrive in Wellington this week (also see New Ambassador to New Zealand and Samoa Scott Brown Introduces Self in Home Video). Below is from a new howler we got which shows the new ambassador has ready made headaches to welcome him at his new gig.

“Regarding Embassy Wellington’s seismic upgrade, the latest completion date is now “mid-2019”.

“No deaths on site so far, although there have been a few more injuries, fires, power outages and evacuations.”

“Staff members are now back at the British High Commission with their workspaces scheduled to be consumed by the project again, because we didn’t learn from our mistake last time.”

On a positive note, OBO built post a beautiful new kitchen…which we can’t use during business hours because the only entrance is through the Embassy’s *one* meeting room.

“Will incoming Ambassador Brown be able to make any sense of this mess when he arrives this week?”

“It’d be lovely to have a town hall to welcome him, except that the multi-purpose room is scheduled for teardown this week, too.”

via replygifs.net

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US Embassy Kabul: 9 Afghan Guards Killed, 11 American Contractors Wounded

Posted: 2:06 am ET

 

A sewage truck reportedly loaded with 1,500 kgs of explosives was used in the deadly attack in Kabul that killed 90 people and wounded over 400 individuals. The State Department told CBS news that nine Afghan guards at the U.S. Embassy in Kabul were killed and 11 American contractors wounded in the massive suicide truck bomb attack that rocked the diplomatic quarter.  This might be the largest casualty of local guards in recent memory.  In 2008, seven local guards and local law enforcement personnel were killed during an assault of the U.S. Embassy in Yemen.

The U.S. Embassy in Kabul announced the closure of routine services:

The Consular Section of the U.S. Embassy in Kabul will be closed for routine visa and American Citizen Services on Thursday, June 1 and will resume normal operations on Sunday, June 4, 2017.  U.S. citizens needing emergency assistance can call the American Citizen Services section at 070-011-4000 or send an email to KabulACS@state.gov.

In accordance with the Travel Warning for Afghanistan, the Department of State continues to warn U.S. citizens against travel to Afghanistan.  The U.S. Embassy in Kabul urges all U.S. citizens in Afghanistan to review your personal security plans, take appropriate steps to enhance your personal safety, remain aware of your surroundings, monitor local news for updates, and maintain a high level of vigilance.

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@StateDept’s Foreign Affairs Security Training Center (FASTC): Status Update

Posted: 1:20 am ET

 

The State Department recently posted a video update of its Foreign Affairs Security Training Center (FASTC) at Fort Pickett in Virginia.

FASTC will provide hard-skills security training to State Department personnel and the foreign affairs community.  In 2015, GSA purchased property and secured land use agreements for approximately 1,400 acres of publicly held land. On February 25, 2016, construction began for the FASTC project.  According to the State Department, the Master Construction Schedule for the FASTC construction is being completed through three construction contracts. Contractors began construction activities on February 25, 2016 and overall project substantial completion is anticipated for July 2019.

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click here for video update

The FASTC Site Plan below shows the general areas where the hard-skills training venues are currently being built for Contract 01 and Contract 02.  According to state.gov, AECOM of Virginia Beach, VA has provided Construction Management as Agent and Commissioning Services since the Design Phase for the FASTC Ft. Pickett, VA site and is responsible for the numerous comprehensive facets of the construction process, including ongoing site communication, safety, security, and circulation of deliveries and construction vehicles on site.

CONTRACT 1: 2015 – April 2017

Jan. 2017 – Build out of Live Fire Shoot House interior
Feb. 2017 – Rappel Tower wood and rock wall installation
Mar. 2017 – Permanent power to all venues

  • Mock-Urban Tactical Training Area
  • Rappel Tower
  • Smoke House
  • Static Training Device Pad
  • Tactical Maze as well as Interior of the High Bay, Classroom and Breakroom
  • Explosives Demonstration Range
  • Viewing Shelter and Storage Building
  • Live Fire Shoot House as well as Interiors

CONTRACT 2: 2016 – September 2018

Jan. 2017 – Tree clearing and grading continues
Feb. 2017 – Ductbank complete and A01 Foundations begun
Mar. 2017 – Slab on Grade placement at A01, tree clearing finishes

  • A01 (Administrative Office Building 01) and T01 (Training Classroom Building 01)
  • Vehicle Maintenance Shop
  • Ring Road Bridge C-300 and C-307
  • Central Ammo and Explosives Storage
  • High-Speed Driving Track
  • High-Speed Track
  • High-Speed Driving Track Bridge
  • Tank Trail
  • Post-Blast Training Range

CONTRACT 3: 2017 – July 2019

August 2017 – Award
July 2019 – Estimated substantial completion

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@StateDept’s $1,086,250 Organizational Study: Multiple Contractors Interviewed But Only 1 Offer?

Posted: 1:54 am ET
Updated: May 12, 1:02 pm PT

 

Via CBS News:

The State Department will be spending at least $1,086,250 for the “listening tour” that Secretary of State Rex Tillerson launched Wednesday morning.

The department has contracted Insigniam, a private consulting firm, to conduct the review in a project they are calling the “Department of State organizational study.” The State Department has not replied to requests for comment on the review’s price tag and their decision to use Insigniam to carry out this review.

Tillerson and the Insigniam co-founder Nathan Owen Rosenberg served on the Boy Scouts of America board together in 2011. The State Department has not replied to requests for comment on the review’s price tag and their decision to use Insigniam to carry out this review.

After Bloomberg broke the news on April 27 that Secretary Tillerson is seeking a 9% workforce cut and has hired the consulting company Insigniam to conduct a survey, we started looking for the contract awarded. We wanted to see the scope of work and the statement of work requirement included in this contract. We were able to find a $60M Professional Staffing Support Contract awarded on April 5, an Intent to Sole Source $34K Representational Furnishings on April 24  on FedBizOpps where federal business opportunities are typically posted, but not this one.

We understand that Insigniam was elected under a “sole source” contract. On May 1st, we emailed the State Department’s Bureau of Public Affairs for information on how and when this contract was awarded since we have not been able to find  the agency’s sole source justification for the job. As of this writing, the State Department has neither acknowledged nor responded to our inquiry.

Three contracts

We have since learned of three transactions (thanks Z!) issued to Insigniam LLC, a company based in Pennsylvania’s 2nd congressional district (PA02). The first contract SAQMMA17C0157 dated April 25, 2017 is valued at $850,000. The second contract SAQMMA17C0157 dated April 28, 2017 is valued at $236,250.  The third contract SAQMMA17C0157 is dated April 29, 2017 and does not have an obligated value. The third contract’s “Reason for Modification” is listed as “M: Other Administrative Action.”  All three contracts list May 30, 2017 as the “current” and “ultimate” completion date.

click on image to see the contracts via usaspending.gov

The funding for these contracts have been requested through the Bureau of Administration (State/A) but the Contracting Office is the State Department’s Acquisitions office (AQMMA). This is a definitive, firm fixed price contract.  The cost or pricing data is listed as “W: Not Obtained — Waived.”  The contract description says “Department of State Organizational Study.”

Multiple contractors interviewed but only 1 offer?

Under Competition Information, usaspending.gov lists this contract as “not competed”; the reason for the non-competition is listed as “Urgency.” This section also saysNumber of Offers Received: 1.”

The State Department apparently told CBS News that “they interviewed multiple contractors for the project before selecting Insigniam.”

“Of the proposals reviewed, Insigniam’s was the most cost-effective for the expertise, scope, and timeline needed, including its ability to survey and provide analysis of large organizations,” a State Department official told CBS News.  

So the State Department interviewed multiple contractors but those companies did not compete for this contract? And only one offer was received?

The company is listed on usaspending.gov as a partnership with 49 employees and an annual revenue of $12.7M.  The contracting officer determined it as a “small business”, “woman owned” and a “self-certified disadvantage business.” Under competition information, however, these contracts indicate “no set aside used” and “no preference used.”

The GSA confirmed to us that “the agency will dictate whether they are required to use GSA schedules or directly from a vendor. GSA has no say in how a customer orders needed materials or services.”

We are aware of only one previous organizational study conducted at the State Department (if there’s more, let us know!). There was  a study focused on the Foreign Service and was based on three management conferences held by the Department in 1965. It was conducted by Professor Chris Argyris of Yale University.  There were a few others through the years; we’ll try and see if we can find a good list to post here. 

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