State Department Official Patricia DeLaughter Pleads Guilty to Procurement Fraud

 

On August 9, 2019, USDOJ announced that State Department employee, Patricia DeLaughter pled guilty to disclosing confidential State Department bid proposals n an effort to help a furniture company executive win a lucrative government contract. Sentencing is scheduled for November 8, 2019.

Photo via State Magazine, April 2009

Via USDOJ: State Department Official Pleads Guilty to Procurement Fraud

ALEXANDRIA, Va. – A Washington, D.C., woman pleaded guilty today to disclosing confidential State Department bid proposals in an effort to help a furniture company executive win a lucrative government contract to provide furniture to a United States embassy abroad.

According to court documents, Patricia DeLaughter, 69, was a State Department official who was responsible for procuring furniture for United States embassies. In or around December 2016, the State Department was constructing a new embassy in a foreign nation. DeLaughter and another Department official participated in the process of soliciting bid proposals from contractors for the procurement of furniture for the new embassy’s offices.

From in or around December 2016 to in or around March 2017, DeLaughter and the other State Department official knowingly disclosed to Steven Anstine, the vice president of sales for an American furniture manufacturer, the confidential bid prices and design plans of at least three of Anstine’s competitors. DeLaughter knowingly disclosed this information in order to give Anstine—with whom DeLaughter had a social relationship—a competitive advantage in securing the procurement contract for the new embassy. The information that DeLaughter and her coworker gave Anstine enabled him and his company to win the contract with a bid of approximately $1.56 million.

According to DeLaughter’s admissions, DeLaughter made intentionally false statements to agents investigating her conduct. She falsely told State Department Office of Inspector General special agents that she had nothing to do with the embassy furniture project. She also falsely told the agents that she did not have a social relationship with Anstine. In fact, DeLaughter and Anstine had a social relationship and attended dinners, sporting events, and concerts together. Anstine paid at least a portion of DeLaughter’s expenses for these events.

In June 2019, Anstine pleaded guilty to one count of illegally obtaining contractor bid or proposal information in the U.S. District Court for the District of South Carolina.

DeLaughter pleaded guilty to one count of illegally disclosing contractor bid or proposal information and faces a maximum penalty of five years in prison when sentenced on November 8. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Brian A. Benczkowski, Assistant Attorney General for the Justice Department’s Criminal Division, and Steve A. Linick, Inspector General for the Department of State, made the announcement after U.S. District Judge Rossie D. Alston Jr. accepted the plea. Special Assistant U.S. Attorney Russell L. Carlberg, Deputy Chief Robert J. Heberle and Trial Attorney John P. Taddei of the Criminal Division’s Public Integrity Section are prosecuting 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 are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-205.

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U.S. Embassy Nassau: Aging Facility, Staffing Gaps, Curtailments, Morale Issues, and More in Sunny Bahamas

 

In 2012, State/OIG did an inspection of the US Embassy in Nassau, The Bahamas (see US Embassy Nassau: Where Absence Makes the Heart Not/Not Grow Fonder); State/OIG Nassau Report: What’s taking them so long?
The new inspection dated August 2019 reveals that the aging facility which was supposed to have been replaced in 2016 is still aging. The IG report now says that construction of a new chancery building is scheduled to begin in 2019 and be completed in 2021 on property purchased by the Bureau of Overseas Buildings Operations (OBO).
The State Department announced on February 1, 2019 that it has awarded the Design-Build contract for the new U.S. Embassy in Nassau to Caddell Construction Co., LLC of Montgomery, Alabama. Ennead Architects of New York, New York is the design architect for the project and Integrus Architecture of Spokane, Washington is the architect of record.
The report notes that the embassy had been without a permanent, confirmed ambassador since November 2011, when the incumbent, a political appointee, resigned. Her replacement was never confirmed, and, at the time of the inspection, the current nominee had been awaiting confirmation since 2017.
In May 2017, the WH announced the president’s intent to nominate Doug Manchester to be his ambassador to the Bahamas. His nomination was cleared by the SFRC in the fall of 2017 but failed to make it to the full Senate. His nomination was resubmitted in January 2018 and again in January 2019. The SFRC has held hearings on June 20, 2019. According to congress.gov, this nomination remains pending at the Senate Foreign Relations Committee.

 

Below via State/OIG:
  • Embassy Nassau is located in an aging facility originally leased by the Department of State (Department) in 1973 and purchased outright in 1994. Construction of a new chancery building is scheduled to begin in 2019 and be completed in 2021 on property purchased by the Bureau of Overseas Buildings Operations (OBO).
  • A related classified inspection report discusses the embassy’s security program and issues affecting the safety of mission personnel and facilities.
  • At the time of the inspection, the embassy had 143 authorized U.S. staff positions, 2 eligible family members, and 76 locally employed (LE) staff members. The embassy houses 11 different U.S. Government agencies and sub-agencies. Embassy Nassau also provides International Cooperative Administrative Support Services (ICASS)1 administrative and logistical support to U.S. Government agencies on Grand Bahama Island, Great Inagua Island, Andros Island, Great Exuma Island, and in Turks and Caicos.

Yay! Sections

  • The Chargé and, beginning in October 2018, the acting DCM carried out regular reviews of the Consular Section chief’s nonimmigrant visa adjudications, as required by 9 FAM 403.9-2d and 9 FAM 403.10-3d.
  • The Consular Section chief, who arrived in August 2017, demonstrated strong leadership in developing standard operating procedures, mentoring three First- and Second-Tour officers, and preparing for future hurricanes. OIG determined that the embassy’s consular programs generally complied with guidance in 7 FAM, 9 FAM, 7 FAH, applicable statutes, and other Department policies.
  • Embassy Nassau’s American citizen services workload consisted primarily of processing emergency passports. Nassau hosts up to six cruise ships from the United States per day with approximately 3,000 passengers each, the majority of whom are U.S. citizens. Passengers who missed their ships’ return to Florida contributed to the more than 400 emergency passports Embassy Nassau issued in FY 2018.
  • OIG determined that the Chargé and the acting DCM conducted their security responsibilities in accordance with 12 Foreign Affairs Handbook (FAH)-1 H-721[…] Shortly after her arrival, the Chargé reviewed, revised, and reissued all security directives, including one to all personnel under chief of mission authority mandating participation in the weekly checks of the emergency and evacuation radio network. In addition, she emphasized to staff that she expected full participation in the radio checks. Participation rates increased from 20 percent in spring 2018 to almost 90 percent by October of that year.
  • The Chargé successfully oversaw the embassy’s First- and Second-Tour employee development program for five officers and specialists, as directed by 3 FAM 2242.4. Participants commented favorably on the Chargé’s involvement in the program.

Oh, Yow! Sections

Via reactiongifs.com

Lengthy Gaps in Key Leadership Positions Hampered Operations

Embassy Nassau faced significant operational challenges due to lengthy staffing gaps in three key leadership positions: ambassador, DCM, and management officer. The embassy had been without a permanent, confirmed ambassador since November 2011, when the incumbent, a political appointee, resigned. Her replacement was never confirmed, and, at the time of the inspection, the current nominee had been awaiting confirmation since 2017. As a result, three different long-term Chargés have led the embassy since 2011. The current Chargé arrived in March 2018. Additionally, because the embassy’s DCMs have served as Chargé, it has also had a series of acting DCMs. The current acting DCM arrived in June 2016 as the INL Director and assumed the collateral duties of acting DCM in June 2018. As a result, like previous acting DCMs, she shouldered two sets of responsibilities. Finally, due to a series of curtailments in the management officer position, from 2014 to September 2018, the management section had relied on nine temporary duty officers as well as support from the Florida Regional Center.

OIG found that the lack of consistent leadership in the ambassador, DCM, and management officer positions, combined with a series of section heads covering two positions at once for long periods of time, led to serious internal control deficiencies and morale issues, as detailed later in this report. The newly assigned Management Officer arrived in September 2018 and started addressing the embassy’s internal control deficiencies, lack of procedures, and outdated policies. However, the current Front Office structure continued to place undue burdens on both the Chargé and the acting DCM, making it impossible for them to perform all of their required functions.

Internal control deficiencies

During the inspection, OIG identified numerous internal control deficiencies and vulnerabilities in the Management and Information Management Sections. The lengthy staffing gaps in key leadership positions exacerbated many of these issues, particularly those detailed in the Resource Management section of this report.

Management Section operations and oversight suffered as a result of staffing gaps due to two previous curtailments in the management officer position. Since 2014, the embassy had relied on a succession of nine temporary-duty management officers. Additionally, from 2014 to 2018, both the embassy and the management support structure at the Florida Regional Center experienced high turnover of staff.

Embassy Nassau did not have internal controls in place to ensure maintenance and repair charges for its vehicle fleet were properly recorded and monitored, increasing the risk of fraud. OIG’s review of maintenance logs and procurement orders found that in FY 2017 and FY 2018, the embassy spent $244,533 on maintenance and repairs but did not keep records to document that the work was necessary or was actually completed.

INL’s $17.8 million foreign assistance with no formal evaluation

INL has supported Bahamian law enforcement since 1978, including committing $17.8 million in foreign assistance since 2010. […] INL Nassau lacked appropriate metrics to monitor progress for its four law enforcement and judicial assistance projects. Specifically, OIG found that project metrics had not been updated since at least 2014 and were outdated. Furthermore, INL Nassau did not formally evaluate project progress on a quarterly basis, as required by INL guidance.7 INL Nassau told OIG that it informally reported project progress on a quarterly basis but was unaware of the requirement to formally track and monitor project progress against established metrics. Without current metrics for its projects, the embassy cannot measure progress and performance against the embassy’s ICS goals and INL’s strategic planning objectives.

Intranet woes, and WHA the hey?

Embassy Nassau’s intranet network faced critical processing delays and frequent variations in processing speed due to internal IT infrastructure issues. The May 2017 Bureau of Diplomatic Security CSA report also identified this severe network performance deficiency and recommended that the embassy work with the Department and the Regional Information Management Center in Ft. Lauderdale to resolve the issue. In August 2017, a regional center network technician performed a limited service repair to the network infrastructure but did not complete all needed repairs. Embassy staff told OIG that despite repeated embassy requests, WHA had yet to provide the additional Regional Information Management Center technical support to complete the work.

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@StateDept’s “New Camp Sullivan” in Afghanistan Four Years On: A Lovely $103.2 Million Flat Dirt

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State/OIG’s Office of Evaluation and Special Projects has released its Evaluation of the Bureau of Diplomatic Security’s Aegis Construction Contract at Camp Eggers in Afghanistan (PDF). Well, nothing good to read in this report, but the flat dirt is lovely, and makes us want to pull our hair out in  frustration. We bring you some GIFs to make us all feel better.

Camp Eggers Afghanistan, Photo by State/OIG

Things of note excerpted from the IG report:
The Department awarded Task Order 10 in July 2011 to Aegis (GardaWorld)  to provide and manage an armed and unarmed guard force known as the Kabul Embassy Security Force (KESF) for Embassy Kabul and other U.S. diplomatic facilities within Kabul, Afghanistan. On September 30, 2014, the Department modified Task Order 10 held by Aegis to allow for the renovation of Camp Eggers in its entirety and to erect a new facility known as the “New Camp Sullivan.” […]Modification 43 was issued to Aegis under a firm fixed price for the design-build of the Camp Eggers construction project. The task order modification was valued at about $173.2 million with an estimated completion date of March 31, 2016.
[…] An Aegis official told OIG he did not believe the company had undertaken any construction projects other than building a shooting range at Camp Sullivan. An OBO official noted that Aegis lacked the “institutional expertise” to build to OBO standards, and several Department officials told OIG that they had doubts about Aegis’s ability to carry out major construction work.

 

On January 10, 2014, AQM awarded a contract to the management consulting firm, Markon, on behalf of DS to perform professional engineering services.[..] Markon […] warned the Department in August 2014—a month before the task order was modified—that the project would not likely be finished on time or on budget. The Department nonetheless chose to move forward with this fundamentally unsuitable construction mechanism because of what it viewed as exigent need and a lack of alternatives.

 

Multiple Department officials, as well as an Aegis official, told OIG that they viewed the initial 18-month project timeline as unreasonable. An official from AQM expressed skepticism that such an extensive project could ever be completed so quickly in a construction environment as logistically complex as Afghanistan.[…]The renovation of Camp Eggers entailed extensive demolition and redevelopment, including [snip] the construction of new facilities. The “New Camp Sullivan” facility was intended to become a self-supporting, multi-use facility, which included life support for up to 900 personnel (expandable to house up to 1,500 personnel) all within a secure perimeter.

 

Aegis, through its subcontractor, CWI, purchased materials costing approximately $19.4 million for Camp Eggers. However, roughly 23 percent of these materials ($4.5 million) were obtained without submitting proper documentation or receiving proper Department approval.[…]The materials had to be stored due to numerous project delays, which prevented CWI from using the materials as they were delivered. The storage continued throughout the life of the contract until all of the materials were disposed of by May 2018. Over the life of the task order, the Department wasted about $22 million on materials that were never used and then paid to store them

 

Although Aegis continuously missed project milestones and failed to adhere to contract requirements, the Department still did not take meaningful corrective action against Aegis beyond issuing LOCs. As noted, these were primarily issued by DS. The Department also held a number of meetings with Aegis personnel to discuss the lack of progress made on the project, but no further corrective action was taken.

 

The Department reached a settlement with Aegis in March 2019 whereby the Department agreed to pay Aegis a total of $94.6 million. Based on this figure, in addition to three separate contracts with Markon Solutions, Incorporated for professional engineering and design review services, OIG identified a total of $103.2 million in questioned costs related to the Camp Eggers project.[…] the “New Camp Sullivan” remained flat dirt after more than four years of effort. The Department estimated that approximately 10 percent of the construction work was completed, and the 100 percent design—the final design—remained unfinished.

After the termination of the Camp Eggers project, the Department transferred materials stored in Kabul to fill other U.S. Government needs in the area. Regarding the materials in Dubai, Red Sea Housing Services Company FZE (Red Sea), the company with whom the Department ordered CHUs, reached a final termination settlement valued at about $2.5 million with Aegis and the Department under which Red Sea would keep all the materials and equipment they procured on behalf of the Department. The remaining materials in Sterling, VA were disposed of through the General Services Administration’s excess property program and some were scrapped.

Via reactiongif.com

 

OIG’s conclusion: [T]he Department’s sense of urgency, the selection of a non-construction contractor, the assignment of officials inexperienced in construction to oversee the project, and the failure to hold the contractor accountable for particular instances of poor performance led to the expenditure of more than $100 million without any discernible benefit to the Department or the people it intended to protect. OIG also notes that, more generally, this project illustrates many of the broader concerns that arise when the Department pursues construction projects in contingency or otherwise challenging environments. The Camp Eggers project again highlights the importance of making well-informed, thoughtful choices regarding the most appropriate contract vehicle; careful, consistent oversight; and development of a process for construction work in contingency zones that is sufficiently nimble to address urgent security needs but also considers the resources and capabilities of all relevant Department bureaus.

@StateDept Contracting Officer Faces 17-Count Indictment For Bribery and Procurement Fraud

On April 4, the Justice Department announced a 17-count indictment charging State Department contracting officer, Zaldy N. Sabino with conspiracy, bribery, honest services wire fraud, and making false statements. The indictment notes that the defendant was employed by the State Department beginning in or about November 2004 at AQM, the Office of Acquisitions Management:

“SABINO served as a contract specialist with AQM, and he was also a contracting officer who was authorized to execute certain contracts on behalf of the DOS. SABINO worked in AQM’s Facilities Design Construction Division (“FDCD”) in Arlington, Virginia. FDCD supported and administered contracts involving the DOS’s Bureau of Overseas Buildings Operations (“OBO”). OBO frequently awarded contracts to international construction companies seeking to do business and perform design-build contracts at U.S. embassies and consular buildings.”

The Office of Acquisitions Management under the Bureau of Administration (A/OPE/AQM) manages, plans, and directs the Department’s acquisition programs and conducts contract operations in support of activities worldwide. A/OPE/AQM provides the full range of professional contract management services including acquisition planning, contract negotiations, cost and price analysis, and contract administration.

Via USDOJ:

A 17-count indictment was unsealed today charging Zaldy N. Sabino, a contracting officer with the U.S. Department of State, with conspiracy, bribery, honest services wire fraud, and making false statements. 

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, Inspector General Steve A. Linick of the U.S. Department of State and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office made the announcement.

According to the indictment, between November 2012 and early 2017, Sabino and the owner of a Turkish construction firm allegedly engaged in a bribery and procurement fraud scheme in which Sabino received at least $239,300 in cash payments from the Turkish owner while Sabino supervised multi-million dollar construction contracts awarded to the Turkish owner’s business partners and while Sabino made over a half million in structured cash deposits into his personal bank accounts.  Sabino allegedly concealed his unlawful relationship by, among other things, making false statements on financial disclosure forms and during his background reinvestigation.

The case is being investigated by the Department of State’s Office of Inspector General and the FBI’s Washington Field Office.  Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Jack Hanly of the Eastern District of Virginia are prosecuting the case. 

An indictment is merely an allegation.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Read the original announcement here.

Under “Means and Manner of Conspiracy”, the Indictment enumerates multiple cash payments and withdrawals. Allegation includes “deposited cash into bank accounts maintained by SABINO and his wife, and SABINO paid cash towards his credit card and line of credit accounts (hereafter collectively referred to as “cash deposits”). The cash deposits totaled approximately $507,543.93.” Another allegation includes withdrawal of approximately $239,300″ involving “approximately 396 ATM transactions. ” The indictment alleges that “the majority of these transactions occurred in the lobby of a DOS building” in Arlington, Virginia and BOA branches located near the defendant’s residence in Fort Washington, Maryland.

The unsealed indictment is available to read here: Download Sabino Indictment

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@StateDept Dedicates the New U.S. Embassy in Jakarta, Indonesia @usembassyjkt

 

Via State Department: 03/19/19 The Department of State Dedicates the New U.S. Embassy in Jakarta, Indonesia

As a display of our enduring friendship and important partnerships with Indonesia and the Association of Southeast Asian Nations (ASEAN), U.S. Ambassador to Indonesia Joseph R. Donovan Jr., Chargé d’affaires for the U.S. Mission to ASEAN Jane Bocklage, and Director of Overseas Buildings Operations (OBO) Addison D. “Tad” Davis IV, along with Indonesian Government officials, dedicated the new U.S. Embassy in Jakarta, Indonesia today.

The new complex provides a secure, modern, sustainable, and resilient platform for U.S. diplomacy in Indonesia and the ASEAN region.

Davis Brody Bond Architects and Planners of New York, New York is the design architect for the project and Page of Washington, D.C. is the architect of record. B.L. Harbert International of Birmingham, Alabama constructed the facility.

Since 1999, as part of the Department’s Capital Security Construction Program, OBO has completed 154 new diplomatic facilities and has an additional 49 projects in design or under construction.

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Ambassador Donovan notes that “This celebration comes at a very opportune time, as this year we are also celebrating 70 years of diplomatic ties between the United States and Indonesia. The United States was one of the first countries to recognize Indonesia’s independence, establishing our first embassy on December 28, 1949. When President Truman appointed the first U.S. ambassador to Indonesia, H. Merle Cochran, he reaffirmed U.S. support welcoming Indonesia into the “community of free nations.”

He added that architects and designers took into consideration Jakarta’s climate and that the building uses the latest in environmental sustainability features that reduces energy consumption. The covered walkways are topped with solar panels  and the exterior metal sunshades limit sun exposure and reduce the demand for air conditioning. The building’s design reportedly also incorporates water conservation strategies to irrigate the green landscaped areas by collecting and re-using storm run-off.

The primary building is finished but the State Department is also constructing a heritage building on the site used by a Republic of Indonesia delegation during negotiations for Indonesia’s independence with the Dutch in 1949. It is estimated that the completion of that building as well as a consular pavilion will occur by the end of 2019.

Related post:

#TrumpShutdown Enters 18th Day, At Least $2.5B in Costs and Counting, With No End in Sight

Posted: 2:38 am PST

On January 3, the Democratic-led House passed spending bills with a handful of Republicans joining them to reopen the government without funds for the border wall. Senate Majority Leader Mitch McConnell has already said repeatedly that he won’t bring the measures up for a vote even if similar legislations made it through the Senate a couple of weeks ago. Those bills were indeed DOA in the Senate, which means, this shutdown will go on and on for now.

Three weeks ago when the shutdown started the State Department issued a notice that required the agency to “immediately commence shutdown procedures.”  The exceptions being those accounts that “initially have available balances” and the employees worldwide working in those funded entities supposedly were informed to continue to report to work.

Accounts subject to lapse in appropriation:

Diplomatic and Consular Programs
Office of the Inspector General
International Boundary and Water Commission Salary and Expenses
American Sections (Note: your blogger doesn’t know what this includes)

Accounts not subject to lapse in appropriation:

Worldwide Security Protection (Covers all DS and 90+ security positions in other bureaus)

Diplomatic Security
Bureau of Medical Services: Directorate of Operational Medicine
Bureau of Administration: Office of Emergency Management

Consular and Border Security Program (Covers all of CA and other consular support personnel)

International Cooperative Administrative Support Services (ICASS)

State Working Capital Fund services

Embassy, Security, Construction, and Maintenance (Covers all of OBO)

Educational and Cultural Exchange Programs

American Institute in Taiwan

Global Health (S/GAC & PEPFAR)

International Narcotics and Law Enforcement

Migration and Refugee Assistance

The announcement also notes that the employees excepted list is subject to change, which could lead to additional employees receiving furlough notices “if the lapse is expected to continue.” 

We understand that Diplomatic Security is already urging the “prudent use of overtime” to slow down the drawdown of its residual funding. No one is talking about it yet, but how long will the State Department continue to pay for its local employees including guards at 277 overseas posts without regular funding? How long will those “initial balances” last? State Department furlough guidelines says that standard procedures to process local employee staff payroll must be followed and that under no circumstances should alternate means be used to pay LE staff salaries, such as using petty cash. What are they going to do with contract guards? 

The State Department’s school, the Foreign Service Institute (FSI)is now closed to all students for the duration of the furlough period. The closure apparently also includes its online student portal. At least one small government contractor at FSI has laid off people just in the last 48 hours. Several dozen employees were affected. Family members working as contractors or subcontractors are affected. If this shutdown continues, married couples working for Uncle Sam and or government contractors will suffer a double whammy — one partner is laid off, and the other partner is working with no pay (this is not to say that single employees do not have bills and loans to pay, because they do, too).  There are also couples working for Uncle Sam as tandem, and both partners are considered “essential” with no pay. And what about one-income FS  families where a significant portion of spouses are not employed/could not get employed overseas?  This is not the first government shutdown, of course, but this is perhaps the most worrisome (until the next one) simply because of erratic pronouncements at the top, and a president who threatens to drag this out “for months or even years.”

The State Department’s Overseas Buildings Operations whose mission is “to provide safe, secure and functional facilities” for overseas mission is said to be running low on fuel. If OBO which typically has “no-year” funding is in trouble, that could mean a whole lot of the entities that initially had “available balances” may also be running into problems as the shutdown enters its third week. OBO has several ongoing projects overseas including 53 projects now in design or under construction. Furlough guidance states that OBO may “continue previously awarded construction and renovation projects for which adequate funds were obligated unless adequate supervision cannot be provided, in which case consider suspension of work if contractually permitted and practically feasible.” 

Diplomatic Post Offices are reportedly not affected by the shutdown at this time, but we’re hearing that the situation will not be the same if the shutdown is not lifted by the end of January. 

Remember the non-emergency personnel and family members evacuated from the US Embassy Kinshasa in December? The evacuees arrived in the DC area just before the shutdown and are now on furlough, too. Guess who’s processing their evacuation vouchers? Nobody. 

The agency shutdown guidelines also says that “Reassignment of personnel already planned may be continued, such as Permanent Changes of Station (PCS), only if funds have been previously obligated.” A host of nominees were just confirmed by the U.S. Senate recently but since no one knows for sure who will be confirmed, we don’t know how travel and relocation funds could have been appropriated ahead of time.Posts may see their new ambassadors soon, or they may not. One source told us that no one is getting orders or travel authorizations at this time. Can somebody please give us a confirmation on this?

We’re also now hearing talks about Consular Affairs’ funding issue, which is largely a self-funded operation, so help us out here — we’re perplexed about that. How is it running out of funds when its funding is not congressionally appropriated?  

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OBO’s Fire Protection Judgments and @StateDept’s Black Hole of Bureaucratic Shrugger-Swagger

 

We blogged previously about the State/OIG Management Assistance Report sounding the alarm over the fire alarm system at the U.S. Embassy in Kabul (see  U.S. Embassy Kabul: Fire Alarm System Needs Prompt Attention or #MustHaveNoFireBeforeMarch2019

We received a reaction about the OIG report basically saying “hey, I agree with all the violations listed by the OIG”. Our correspondent also thought the “funniest thing” included in the report is that OBO challenged the OIG qualifications. There appears to be serious concerns that sound fire protection engineering judgements are being overridden “on a regular basis.” There are also some questions/allegations about the qualifications of OBO folks making decisions concerning fire protection engineering — that if true, could potentially have serious consequences.

OPM says  that all Professional Engineering positions require a basic degree in engineering or a combination of education and experience — college-level education, training, and/or technical experience that furnished (1) a thorough knowledge of the physical and mathematical sciences underlying engineering, and (2) a good understanding, both theoretical and practical, of the engineering sciences and techniques and their applications to one of the branches of engineering. Also that the adequacy of such background must be demonstrated by one of the following: 1) Professional registration or licensure — Current registration as an Engineer Intern (EI), Engineer in Training (EIT)1, or licensure as a Professional Engineer (PE) by any State, the District of Columbia, Guam, or Puerto Rico. 2) Written Test — Evidence of having successfully passed the Fundamentals of Engineering (FE)2 examination or any other written test required for professional registration by an engineering licensure board in the various States, the District of Columbia, Guam, and Puerto Rico. Read more here.

In any case, you know that State/PA refused to respond to us during Tillerson’s watch but with Pompeo’s new guards in, we thought we should try asking questions again from its media professionals, coz, why not, hey?

We did receive a PA response months ago that says “we’ll look into it but may not have anything over the weekend”.  Lordy, short weekends and long weekends have come and gone and we have not heard anything back via email, fax, sign language, or telephatic signal.  Our follow-up email appeared to have also ended up in a black hole of bureaucratic shrugger-swagger.

In any case, we’ve addressed the same questions to State/OIG, and those folks reliably read and respond to email inquiries, and we received the following:

Ensuring the safety and security of Department personnel is paramount for the OIG. We give careful consideration to allegations relating to safety and security issues, including the one involving the Office of Fire Protection. Additionally, if anyone becomes aware of something that jeopardizes the safety and security of Department employees, they should report it immediately to the OIG hotline at OIG.state.gov/HOTLINE or at 1-800-409-9926.

About that report, here are a couple of examples that we understand, requires some folks to wear brown paper bags over their heads when reading:

OBO’s Technical Comment 10 | OBO disagreed with OIG’s statement: “According to PAE, a secondary loop was installed. However, rather than being routed separately, the existing fiber optic cables run in a parallel path. Because the fiber optic cables run in the same direction (as opposed to opposite directions representing a redundant circuit), damage to one part of the network can render sections of the network inoperable.” OBO stated that “it is perfectly acceptable for cables to run in the same direction. They cannot run in the same conduit. Additionally, the secondary loop is, in fact, a redundant circuit since there are two paths of travel one from the original loop and one from the secondary loop.”

OIG’s Reply | OIG agrees that cables can run in the same direction but cannot run in the same conduit. OIG found, however, that a number of the runs currently installed at Embassy Kabul did, in fact, have fiber optic cables bundled together in the same conduit. The photo below shows the current configuration at Embassy Kabul in which fiber optic cables are bundled together in the same conduit. This is contrary to NFPA standards for a redundant path. OIG made no changes to the report on the basis of this comment.

TA-DAA! Somebody stop these wild cables from running in the same conduit!

 

OBO’s Technical Comment 13 | OBO disagreed with OIG’s conclusion that “the improper installation of key components of Embassy Kabul’s fire alarm system needs immediate attention because of the potential safety risk to personnel and property.” OBO stated that it disagreed with OIG’s underlying assumptions and that OIG’s scope contained flaws.

OIG’s Reply | As set forth in this report, OBO is not in compliance with NFPA 72 regarding the requirement for a redundant path. In addition, a number of the runs currently installed at Embassy Kabul have fiber optic cables bundled together in the same conduit, which similarly fails to comply with NFPA 72. The NFPA codes and standards are designed to minimize the risk and effects of fire by establishing criteria for building, processing, design, service, and installation around the world. Failure to adhere to these requirements thus presents potential risk to embassy personnel and property. Therefore, the improper installation of key components of Embassy Kabul’s fire alarm system requires immediate attention. OIG made no changes to the report on the basis of this comment.

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DOD’s Tad Davis Moves to @StateDept as Overseas Buildings Ops Bureau Director

Addison “Tad” Davis was appointed last year as DOD’s Principal Deputy Assistant Secretary of Defense for Energy, Installations and the Environment. He has reportedly assumed charge of the State Department’s Bureau of Overseas Buildings Operations (OBO) as of September 17, 2018. OBO directs the worldwide overseas building program for the Department of State and the U.S. Government community serving abroad under the authority of the chiefs of mission. OBO also sets worldwide priorities for the design, construction, acquisition, maintenance, use, and sale of real properties and the use of sales proceeds.

The bureau director reports to the Under Secretary for Management (currently vacant pending the Senate confirmation of nominee and Pompeo West Point pal, Brian Bulatao). This OBO position does not require Senate confirmation. Mr. Davis (also a West Point graduate) succeeds Lydia Muniz who was OBO Director from 2012 to 2017).

Below is Mr. Davis’s bio via OSD:

Mr. Tad Davis was appointed by the Secretary of Defense as the Principal Deputy Assistant Secretary of Defense for Energy, Installations and the Environment on September 5, 2017. In this position he supports the Assistant Secretary in providing budgetary, policy, and management oversight of the Department of Defense’s real property portfolio which encompasses 28 million acres, over 500 installations with over 500,000 buildings and structures valued at a trillion dollars while enhancing the Department’s planning, programs, and military capabilities to provide mission assurance through military construction, facilities investment, environmental restoration and compliance, installation and operational energy resilience, occupational safety, and defense community assistance programs.

Mr. Davis has extensive senior executive experience with the Federal Government. From 2004 to 2005 he served as the Assistant Deputy Director (Demand Reduction) at the White House Office of National Drug Control Policy where he served as the Drug Czar’s principal advisor on drug awareness, intervention and treatment programs, student drug testing, and the drug court program. From 2005 to 2010 he served as the Deputy Assistant Secretary of the Army for Environment, Safety & Occupational Health where he led a $1.7 billion program in support of the Army’s global mission. Additionally, he served as the Department of Defense Executive Agent for the Formerly Used Defense Site (FUDS) Cleanup Program, the National Defense Center for Energy and Environment, the OSHA Voluntary Protection Program, and the Unexploded Ordnance Center of Excellence. He co-chaired the Army Safety Council, served as the Army’s Federal Preservation Officer and led the Army’s sustainability initiative. From 2010 until 2013 he served as the Chief Executive Officer / Director of Services and Infrastructure for the U.S. Army Reserve where he provided executive leadership for military construction, facilities investment, contracting, installation energy, civilian personnel management, and family programs for over 200,000 Army Reserve Soldiers and 12,000 civilians serving at over 1,200 facilities worldwide.

Prior to his appointment, Mr. Davis served from 2015 to 2017 as the city manager for Spring Lake, N.C. and in the private sector from 2013 to 2015 as the Managing Director for Corvias Solutions, an emerging business line of the Corvias Group that focused on the development of public private partnerships (P3s) to address municipality stormwater management challenges in the Chesapeake Bay Watershed.

Mr. Davis served over 26 years on active duty with the U.S Army, to include duty as the Garrison Commander of Fort Bragg, N.C. where he led the Army’s initial Compatible Use Buffer Program, established the Army’s largest privatized housing partnership, privatized the installation’s electrical distribution system, and led the Army’s first installation-wide sustainability program.

Mr. Davis received a Bachelor of Science degree in Engineering from the U.S. Military Academy at West Point and a Master’s degree in Public Administration from Harvard University. He was a National Security Fellow at the Hoover Institution, Stanford University and served as an Assistant Professor at the George C. Marshall European Center for Security Studies. From 2005 to 2013 he served on the Conference Board’s Environment, Health, and Safety Council.

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U.S. Embassy Kabul: Fire Alarm System Needs Prompt Attention or #MustHaveNoFireBeforeMarch2019

Posted: 12:45am  ET

 

State/OIG has issued a Management Assistance Report sounding the alarm over the fire alarm system at the U.S. Embassy in Kabul. We should hope that no fire breaks out at post before March 2019. But do staffers need to sleep with buckets of sand next to their doors?

During the course of an audit of Bureau of Overseas Buildings Operations (OBO) construction projects at the U.S. Embassy in Kabul, Afghanistan, the Office of Inspector General (OIG) was alerted to potential risks to personnel and property due to the improper installation of the embassy’s fire alarm system. OIG concluded that the system was, in fact, improperly installed and did present safety risks. OIG is therefore issuing this Management Assistance Report to prompt immediate action to address the identified deficiencies.

OBO and the Bureau of Administration have undertaken a major office and residential expansion at the U.S. Embassy in Kabul. As part of this expansion, in June 2010, the bureaus contracted with Caddell Construction, Inc. (Caddell), to build a number of new facilities at the embassy. These facilities include residential and office buildings, warehouses, parking and vehicle maintenance facilities, power plants, perimeter walls, guard towers, and compound access control facilities. Caddell is required to install fire alarm systems in each of the new buildings throughout the compound as part of its contract.

Fire alarm control panels installed in 23 buildings on the embassy compound are key components of the fire alarm system. Fire alarm control panels monitor and control each fire alarm-initiating and signaling device through microprocessors and system software. Fire alarm control panels are connected throughout the embassy compound via fiber optic cables that transmit data between each building and to Post One, a communications center staffed by Marine Security Guards. The Marine Security Guards at Post One are on duty 7 days a week, 24 hours a day and are responsible for ensuring that communications are routed to appropriate responders during emergencies or security threats. When a fire emergency occurs at any building on the embassy compound, Post One is alerted through the network of fire alarm control panels. Post One, in turn, alerts the embassy fire department and other emergency response personnel.

In July 2017, the embassy’s principal operations and maintenance (O&M) contractor, PAE Government Services (PAE), discovered that underground fiber optic cables on the west side of the embassy compound were accidentally cut by a construction worker. As a consequence of the damage to the fiber optic cables, fire alarm control panels in eight buildings could not transmit data to Post One for more than 6 months. After completion of OIG’s fieldwork in January 2018, OIG shared its findings with OBO officials. In response, embassy facility managers took steps to repair the damaged fiber optic cables and restored connectivity between the affected buildings and Post One.

OIG also found that the existing fiber optic cable network does not have a separate redundant path as required by Section 12.3.7 of the National Fire Protection Association (NFPA 72) code.1

According to NFPA, a redundant path helps ensure the network’s continued functionality if one of the cables is damaged. Without a redundant path, damage in one location can render sections of the network inoperable. Additionally, OIG found that seven fire alarm control panels on the east side of the embassy compound are not connected to Post One. Rather, these seven control panels are on a separate network connected to a guard post staffed by contractor security guards on the east side of the compound. Engineers in OBO’s Office of Fire Protection told PAE that this configuration is inconsistent with OBO standards and that ideally all fire alarm control panels on the embassy compound should be connected to the Post One communications center.

According to OBO officials, because the fiber optic cable network is part of a larger project involving the construction of multiple buildings and facilities, there is no requirement to install a redundant path until the end of the entire construction project, which is currently scheduled to be completed in March 2019. Furthermore, according to OBO officials, because the seven fire alarm control panels on the east side of the embassy compound are in temporary structures, there is likewise no requirement that those structures be connected to Post One. Notwithstanding OBO’s position, OIG made two recommendations to Embassy Kabul, in coordination with OBO, to take immediate actions to correct the identified deficiencies because they pose potential risks to the safety of embassy personnel and property.

Read in full here (PDF).

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New U.S. Embassy The Hague Officially Opens With Ribbon-Cutting Ceremony

Posted: 12:10 am  ET

 

On March 26, the U.S. Embassy in The Hague officially opened with a ribbon cutting ceremony and lots of scissors.  The officials listed below helped cut the ribbon according to the embassy website.

  • Minister of Social Affairs and Employment Wouter Koolmees
  • Mayor Frank Koen of the city of Wassenaar
  • Mayor Pauline Krikke of the city of The Hague
  • Ambassador Peter Hoekstra
  • Ambassador Kenneth D. Ward, United States Permanent Representative to the Organization for the Prohibition of Chemical Weapons (OPCW)
  • Ambassador William Moser, the Principal Deputy Director of the Bureau of Overseas Buildings Operations
  • Representative Rodney Frelinghuysen (R-NJ), Chairman, U.S. House Committee on Appropriations
  • Representative Bill Huizenga (R-MI), Co-Chair, Congressional Caucus on the Netherlands
  • Representative Gregory Meeks (D-NY), Ranking Member, U.S. House Foreign Affairs Subcommittee on Europe, Eurasia and Emerging Threats
  • Representative John Carter (R-TX), Chairman, U.S. House Appropriations Subcommittee on Homeland Security
  • Representative Lloyd Doggett (D-TX), Ranking Member, U.S. House Ways and Means Subcommittee on Tax Policy
  • Executive Director of the EUR-IO/EX Director Robert S. Needham

One person missing is Nicole Nason, the Assistant Secretary for Administration (A), and as of last week, the person apparently also now in charge of the Bureau of Overseas Buildings Operations (OBO). See her one-line official bio here as “A” overseeing twelve offices and OBO (currently unlisted).

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