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Apogee Consulting Inc

New for 2011—Fraud and Corruption!

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Well, dear readers, it’s been too long without some good stories about fraud and corruption. So let’s hit some “highlights” of recent Department of Justice press releases, shall we?

January 13, 2011—Former NASA Employee Charged with Illegally Exporting Military Technology to South Korea. Kue Sang Chun, 66, of Avon Lake, Ohio, was charged with one count of illegally exporting defense articles—namely, Infrared “Focal Plane Array detectors” and Infrared “camera engines”—to the Republic of Korea. Chun was a “longtime employee at the NASA Glenn Research Center,” but the violation of arms control regulations is not connected with his employment at NASA. The DOJ press release states Chun is also charged with a false income tax return, related to the $83,400 in taxable income earned in 2005 that he failed to report.

January 13, 2011—Minnesota-based National Hardware Store Distributor Fastenal to Pay U.S. $6.25 Million to Resolve False Claims Act Allegations. Fastenal Company, a “national hardware store distributor,” agreed to pay the United States $6.25 Million as part of settling allegations of several violations of contract requirements related to the company’s GSA Multiple Award Schedule contract. According to the press release—


The settlement resolves issues discovered during a GSA post-award audit of Fastenal’s contract. The GSA Office of Inspector General learned that Fastenal knowingly failed to meet its contractual obligations to provide the GSA with current, accurate and complete information about its commercial sales practices, including discounts afforded to other customers.


In addition, the settlement resolves allegations that Fastenal failed to comply with the price reduction clause of its GSA contract, overcharged government customers, and improperly assessed delivery and sales tax charges on government sales. As a result, the United States paid more than it should have for Fastenal products. The settlement also resolves allegations that Fastenal violated the Trade Agreements Act when it knowingly sold products to the United States that were manufactured in countries that do not have trade agreements with the United States, e.g., China.

As the result of the foregoing, Fastenal was also charged with submitting False Claims to the GSA.

In what may perhaps be somewhat related news, the Special Inspector General for Afghanistan Reconstruction (SIGAR), Major General Arnold Fields (USMC, Retired), resigned on January 11, 2011. According to The Washington Post—

The Office of the Special Inspector General for Afghanistan Reconstruction, or SIGAR, is charged with oversight of the $56 billion that the United States has committed since 2002 to nonmilitary development and humanitarian assistance programs.

But an August review of the office by the Council of Inspectors General on Integrity and Efficiency found that its audits were of poor quality and that the office lacked a strategic plan.

The Post noted that—


A bipartisan group of senators, led by Sen. Claire McCaskill (D-Mo.), asked President Obama in September to ‘begin the process of removing’ Fields based on concerns they had raised repeatedly since early 2009. ‘I don't mean to be cruel,’ McCaskill told Fields at a November hearing. ‘I don't think you're the right person for this job.’


The hearing, of the Senate homeland security committee's contracting oversight subcommittee, focused on SIGAR's completion of only four contract audits. The agency had identified only $8 million in misspent money with its $46 million in office expenditures.


Fields was also criticized for awarding a $96,000 no-bid, two-month contract last year to Joseph Schmitz, who resigned as the Defense Department inspector general in 2005, to ‘monitor’ SIGAR's performance.

Recently, General Fields fired two of his deputies. At the time, the Post reported—

In an interview with The Associated Press, Fields said that the organization's upper ranks needed ‘new blood,’ and he rejected the idea that the changes were made to keep him from being fired. ‘This is not about saving Arnie Fields' job. This is about making SIGAR a better organization,’ he said, using the shorthand name for his office.

The Post also reported Senator McCaskill’s reaction to the firings. The article said—

McCaskill said Tuesday that she's glad Fields is acknowledging improvements are needed in his office, but she said she still wants Obama to dismiss him. ‘SIGAR's shortcomings start at the very top and the changes need to happen there, as well,’ she said in an e-mailed statement. ‘Until there is new leadership, my concerns remain.’

Readers may remember Senator McCaskill from the 2009 hearings on DCAA audit quality, where she called for the resignation of then-Director April Stephenson. Apparently, she is an equal-opportunity audit criticizer, whose criticism generates results.

Stay tuned, gentle readers, for more stories of this ilk, as we move into 2011.

 

How to React to DOD Budget Cuts?

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budget_cutsNaturally, we all saw this coming, right? We’re not only talking about article after article published on this website, predicting and warning of upcoming DOD budget problems, but also the rather sudden national realization that, yes indeed, spending more than the country takes in—year after year after year—is not sustainable in the long-term. (And also the rather sudden realization by many that the long-term was now defined as essentially today.)

Despite the claim of many that their commitment to fiscal conservatism dates back as far as 1980, we think the reality of the situation is that the economic downturn of 2007-2008, coupled with the bailout of both the U.S. automotive industry and major financial institutions, coupled with the election of a new Presidential Administration ostensibly dedicated to changing many of the prior Administration’s practices, sparked a sea-change in the priorities of many U.S. voters. Instead of focusing on ensuring security at any price, voters decided that they’d had enough and wanted to see cut-backs in Washington, D.C.—similar to the cut-backs they’d made to their personal spending. And that change of heart led to electing new Legislators who would commit to similar priorities. Thus, here we are in January 2011, looking at looming cuts to U.S. defense spending.

As part of understanding where we are, let’s do a quick recap of some recent history.

During 2010, Secretary of Defense Gates created initiatives designed to generate $101 Billion in internal savings that would be used to fund DOD programs whose cost would otherwise drive budget increases. We posted several articles on the DOD “efficiency” and “affordability” initiatives. Although SecDef Gates should be commended for a proactive approach to heading-off budget cuts, the reality is that his gambit was, at best, only partially successful. DOD spending was simply too big a piece of the discretionary spending pie; it was too big and too obvious, and even otherwise conservative “red state” Legislators who believed in a strong defense seemed to feel a need to talk about Defense spending cuts—if only to show their constituents something tangible in the way of deficit reduction.

At year-end 2010, reports began to emerge of White House-mandated DOD budget cuts. For example, on December 23, 2010, Federal Times carried a story that reported, “White House budget officials have ordered the Pentagon to shed $78 billion from its annual budgets over the next five years, starting with a $12 billion cut in 2012.” The Federal Times article included this interesting tidbit—

 

Meantime, a hot piece of speculation around Washington is the Defense Department will not submit a 2012 funding request until April or May. That's because Congress, which just passed a continuing resolution that funds all federal government agencies and programs at 2010 levels through March, likely will not approve a defense funding bill until the spring months, sources said.

 

‘It will be hard to know how much money programs need in 2012 without first knowing how much they actually received for 2011,’ said Loren Thompson of the Lexington Institute. ‘So the administration could wait until after the continuing resolution expires and it gets a real 2011 budget before it sends its request for next year to Congress. Some think the 2012 request might not make it to the hill until May.’

(Readers may recall that we often report what Dr. Thompson has to say, because we like his “contrarian” viewpoint and think that he often makes a lot of sense.)

On January 6, 2011, SecDef Gates delivered a speech entitled, “Department Budget and Efficiencies.” He recounted the savings each military service had “proposed”—which, in the aggregate, totaled roughly $99 Billion. The “proposed” savings included—

  • Air Force ($34 Billion)

  • Army ($29 Billion

  • Navy ($35 Billion)

There were some details underneath those numbers but, quite candidly, we wonder how credible they were. Readers can find those details by following the link above.

In addition to the foregoing military spending cuts, SecDef Gates said that the DOD bureaucracy had generated additional internal savings (projections) of $54 Billion. Much of those savings will come from reductions in contractor support staff, according to SecDef Gates. (Never mind that studies indicate contractors are cheaper than full-time government employees.) At the same time, the DOD plans to cut its workforce. For example, SecDef Gates said—

I have approved the elimination of more than 100 general officer and flag officer positions out of the roughly 900 currently on the books.  Of those, 28 are billets that were created after 9/11, primarily for the wars in Iraq and Afghanistan, and they will be reduced as appropriate as major troop deployments wind down.  More than 80 general or flag officer billets in the services, OSD, and the Combatant Commands will be eliminated or downgraded.  Additionally, I have directed the elimination or downgrading of nearly 200 civilian Senior Executive Service or equivalent positions out of a total of 1,400 civilian executives. 

Moreover, SecDef Gates announced the termination of several on-going programs. Program terminations include—

  • SLAMRAAM surface-to-air missile (US Army)

  • Non-Line-of-Sight launch system (US Army)

  • Marine Corps Expeditionary Fighting Vehicle (US Navy)

Consistent with his previous messaging, SecDef Gates asserted that not all of the DOD savings would be returned to taxpayers. Instead, some $70 Billion will be spent on “high priority military capabilities.” Where will the funds be spent?

  • Increase procurement of Evolved Expendable Launch Vehicles (US Air Force)

  • Replace mechanical scanned array radars on F-15s with active electronically scanned array radars (US Air Force)

  • Initiate a new program for a long-range, nuclear capable penetrating bomber (US Air Force)

  • Modernize existing ground vehicle forces (US Army)

  • Accelerate tactical communications network (US Army)

  • Procure more MC-12 reconnaissance aircraft (US Army)

  • Accelerate acquisition of Grey Eagle UAVs (US Army)

  • Initiate a new program to develop a vertical unmanned air system (US Army)

  • Accelerate development of next generation electronic jammers (US Navy)

  • Develop a “new generation of sea-borne” unmanned strike and surveillance aircraft (US Navy)

  • Procure more F/A-18 fighters (US Navy)

  • Purchase addition ships—including “a destroyer, a Littoral Combat Ship, an ocean surveillance vessel and fleet oilers.” (US Navy)

Okay, so are there any lessons in the foregoing?

The first lesson is one we have asserted many, many times on this site:  program execution matters. Some of the terminated programs had cost and schedule problems. For example, the Marines’ EFV came in for some criticism from SecDef Gates. He said—


The EFV’s aggressive requirements list has resulted in an 80,000 pound armored vehicle that skims the surface of the ocean for long distances at high speeds before transitioning to combat operations on land.  Meeting these demands has over the years led to significant technology problems, development delays, and cost increases.  The EFV, originally conceived during the Reagan Administration, has already consumed more than $3 billion to develop and will cost another $12 billion to build – all for a fleet with the capacity to put 4,000 troops ashore.   If fully executed, the EFV – which costs far more to operate and maintain than its predecessor – would essentially swallow the entire Marine vehicle budget and most of its total procurement budget for the foreseeable future.

To be sure, the EFV would, if pursued to completion without regard to time or cost, be an enormously capable vehicle.  … As with several other high end programs cancelled in recent years, the mounting cost of acquiring this specialized capability must be judged against other priorities and needs. 

Moreover, SecDef Gates also singled-out the F-35 Joint Strike Fighter program for some special scrutiny, putting one of its three versions “on two-year probation”. He said—


The Joint Strike Fighter program received special scrutiny given its substantial cost, ongoing development issues, and its central place in the future of U.S. military aviation.  In short, two of the JSF variants, the Air Force version and the Navy’s carrier based version, are proceeding satisfactorily. By comparison, the Marine Corps’ short take-off and vertical landing variant is experiencing significant testing problems.  These issues may lead to a redesign of the aircraft’s structure and propulsion – changes that could add yet more weight and more cost to an aircraft that has little capacity to absorb more of either.

As a result, I am placing the STOVL variant on the equivalent of a two-year probation.  If we cannot fix this variant during this time frame and get it back on track in terms of performance, cost and schedule, then I believe it should be cancelled.  We will also move the development of the Marine variant to the back of the overall JSF production sequence. 

So what does this all mean? Where do we go from here?

Well, according to this story, one analyst sees Gates’ speech as good news for some contractors. Raytheon, Boeing, Northrop Grumman, General Dynamics, Lockheed Martin, L-3 Communications and RTI International were identified as likely winners based on Gates’ budget priorities. (Readers may note those seven companies are among the biggest of the big defense contractors.)

In addition, defense contractors continue to prepare for their worst-case scenarios. In recent news, ITT Corporation announced it would separate into three separate and independent companies (much like Northrop Grumman plans to spin-off its shipbuilding business). One of the new ITT businesses will be its Defense and Information Solutions business segment. According to the ITT press release—


… the existing Defense & Information Solutions segment will be renamed and rebranded as a new standalone company that is an industry-leading provider of innovative technologies and operational services to meet the enduring requirements of the global military, government and commercial customers. The company's products and services will include premier technologies such as next generation night vision, integrated electronic warfare, networked communications, force protection, radar, global intelligence, surveillance and reconnaissance systems, composite structures, space-based satellite imaging, weather and climate monitoring, and navigation and imaging systems, as well as maintenance, engineering and professional services. The business will continue to focus on growth beyond the core Department of Defense customer, with nearly 30 percent of revenues already coming from adjacent markets, such as air traffic management, information and cyber security as well as strong international growth prospects.

Pro forma 2011 revenue for the new defense and information solutions business is estimated at $5.8 billion.

On another front, leaders of defense contractors recently called on President Obama to establish “an industrial base policy” that would “help defense firms grappling with tighter defense dollars” reduce their uncertainty regarding how much and were to invest their scarce independent research and development (IR&D) dollars—according to this story at GovExec.com. Noting that defense companies will be “leery” and “choosy” about IR&D spending, the article quoted Jim Albaugh (President and CEO of Boeing’s Commercial Airplanes business) as saying—

‘Let's make sure we're all putting our money in the right areas. Without a road map, we're guessing where we need to put the [research and development] funds that we have. There's a lot of uncertainty now, I think, on the military side. I think companies will take a real hard look at where they want to make their investment.’

The article also reported—

While recognizing the potential for changing defense priorities, Albaugh also raised concerns about declining investments in several areas, including the lack of plans for a new manned aircraft program to follow the F-35 Joint Strike Fighter, which is now in testing. Other areas of concern, he said, include the ability to design and produce new space shuttles and communications satellites without any plans for specific programs in those areas.

‘Certainly our industrial base has had a lot to do with our success,’ Albaugh said. ‘We want to make sure that doesn't get destroyed over time.’

Readers of this site may recall that Mr. Brett Lambert (Director of DOD’s Industrial Policy Directorate) has the responsibility for establishing policy to address “loss of critical skills during the upcoming defense spending downturn” and maintenance of the “skills necessary to support our war fighters in the near term and long term.”  It’s not at all clear how much progress the IP Directorate has made on that important tasking. Instead, we suspect Mr. Lambert and his apparatchiks have been focused on helping the DOD respond to SecDef Gates’ call for internal cost savings. One of the facts that support our assertion is that, since December 2009, there have been no new presentations added to the DOD IP website. On any topic. Yet, in mid-2010, Mr. Lambert published guidance on implementation of Gates’ initiatives.

Look, we get that it’s difficult to focus on both the internal and external at the same time. (For example, try managing audits by both internal and external auditors at the same time. While responding to DCAA audit requests. See? It’s not so easy, is it?) Yet multi-tasking is a way of life these days. So where is the DOD on managing its industrial base?

We’ve asked the question before. In our rant reasoned analysis, we quoted an op-ed piece by Lt. General Larry Farrell (USAF, Retired), in which he said—

It is not yet apparent that senior policy makers have begun to assess what industrial capabilities must be preserved. Ensuring that the United States is able to maintain core industrial competencies must be a priority before a fiscal downturn becomes reality.

We, like General Farrell and his National Defense Industrial Association, like Jim Albaugh and its Aerospace Industrial Association, are still waiting for answers from Mr. Lambert and his Directorate. And time has just about run out, as far as we can tell.

We note, however, a May 2010 report from the DOD IP Directorate to Congress (as required by statute), that promises a more “forward-leaning” approach to managing the defense industrial base. The report states—

In order for the defense industry to remain a source of strategic advantage well into the future, the Department and our nation require a consistent, realistic, and long term strategy for shaping the structure and capabilities of the defense industrial base. Toward this end, the Department is committed to being more forward-leaning in its ongoing assessments of the industrial base – refocusing our efforts on our future needs, not just our past performance; closer OSD cooperation with the Services to foster an integrated approach to the overall industrial base; and placing transparency and dialogue with industry at the forefront of our agenda.

Well, what can we say? One can forward-lean into the ribbon to win a race, or one can forward-lean into a buzz saw. It’s all about the results. Ultimately, the market and the companies that comprise the defense industrial base will react as they always have: in their best interests (as they see them). Whether those actions ultimately align with the DOD’s best interests, or the Presidential Administration’s best interests, remains to be seen.

If the foregoing is too airy-fairy for you practical business types or applied engineers, let’s offer a differ tack. Perhaps you should let the funding games play out as they may, trusting that your political action committees and lobbyists will do their jobs while you do yours. To that end, may we suggest (once again) that program execution and supply chain management be your priorities. In this new age of fiscal slash-and-burn, with a new (and perhaps newly focused) Congress sensitive to taxpayers’ concerns, nobody wants any more bad news. Your program’s on-time delivery and on-budget spending will be the good news that may guarantee you continued funding, now and into the future.

 

DFARS Case 2009-D038 Business Systems—Definition and Administration

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Dear Mr. Gomersall,

This letter provides comments in response to the proposed rule, as revised, that would significantly revise the definition of contractor business systems, and DOD’s administration thereof.

Full text can be found here.

 

Shay Assad Gets DCMA to Hold Hands with DCAA and Promise to Play Nice

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It’s been a favorite claim of Pentagon critics seeking to increase oversight of DOD contractors that the Defense Contract Management Agency (DCMA) Contracting Officers and the Defense Contract Audit Agency (DCAA) auditors don’t work well together. We’ve posted on this topic several times—notably this gem from 2009 in which we reported that the Commission on Wartime Contracting, “thinks DCMA has failed in its oversight role and should possibly merge with DCAA in order to eliminate ‘dysfunctionality’ between the two DOD agencies.”

mediate

We reported that—

The Commission called for the dysfunctional relationship between DCAA and DCMA to come to an end and, according to the report, put the onus on DCMA to resolve the problems.  Co-Chair Shays was quoted as saying, ‘both of you up there, you're on the same team, but it doesn't sound like it and it doesn't look like it. ... With no disrespect to [DCMA], we think there needs to be more adjustment on DCMA's part than on DCAA's part.  I think that's fairly clear.’  Neither Shays nor his Co-Chair Michael Thibault (former Deputy Director of DCAA) addressed recent GAO findings on DCAA's lack of audit quality and independence.

As part of that same article, we also noted that then-Director of DCAA April Stephenson called for “accountability” for DCMA’s disposition of DCAA audit recommendations—which was a shift from her previous position that all of DCAA’s recommendations should be mandatory for DCMA to implement. Readers may recall it was under Ms. Stephenson’s watch that DCAA promulgated audit guidance (MRD 09-PAS004(R)) directing its auditors to file a report that may be forwarded to the DOD Inspector General when (in the view of the auditor) “a contracting officer ignores a DCAA audit report and takes an action that is grossly inconsistent with procurement law and regulation….”

Even so, we were never convinced that the relationship between the two agencies was as dysfunctional as the critics asserted. Attributing DCMA’s lack of action on DCAA recommendations to a dysfunctional relationship ignored the elephant in the room—which was the timeliness and quality of DCAA’s audit reports. We would assert that it would be unreasonable to expect a DCMA Contracting Officer to take action on audit findings and/or recommendations that were poorly worded, or insufficiently supported, or that were clearly contrary to existing regulations. In all candor, we would apply those descriptions to many—perhaps the majority—of the hundreds of DCAA audit reports we have reviewed in the past ten years. In other words, while critics focused on the easy target (DCMA’s lack of action) they simply ignored the tough problem (DCAA’s lack of quality audit reports). And that was the story.

Regardless of whether the two DOD oversight agencies were as dysfunctional as many alleged, it became clear that they needed to shake hands and commit to a better working relationship. The Honorable Shay Assad, Director, Defense Procurement and Acquisition Policy (DPAP), emerged in late 2009 as a mediator between the two agencies. In December 2009 Mr. Assad issued a memo outlining a “process for resolving disagreements” between the two agencies—though at the time we noted that the memo failed to address many significant areas of potential disagreement. We wrote—

The memo seems to omit any discussion of how DCMA and DCAA would resolve differences of opinion regarding the adequacy of contractor internal control ‘business systems’ or noncompliances with Cost Accounting Standards or allegations of ‘defective pricing’.  Thus, it focuses on a subset of oversight interactions but not the entire universe of activity.  And the omitted areas are the areas the critics have pointed at, such as the adequacy of contractor control systems.

Still and nonetheless, it was tangible progress and appeared to appease some of the more vocal critics. And recently, more than a year after the previous memo, came another memo from Mr. Assad’s office with a long title that included the phrase, “Align Defense Contract Management Agency (DCMA) and Defense Contract Audit Agency (DCAA) Processes to Ensure Work is Complementary”. The ostensible goal of the memo was to implement Dr. Ash Carter’s September 2010 call for “better work alignment and reduction in DCMA/DCAA overlap”.

(Readers may recall Dr. Carter’s directive was subtly different. He wrote that the Director of DPAP was to “develop guidance that will clearly spell out the roles and responsibilities” of DCMA and DCAA in order to “avoid duplication and overlapping roles.” As you review the memo, ask whether Dr. Carter’s directive was actually implemented.)

The latest Assad Alignment Memo reiterated a couple of things that will be old news to readers of this site. The memo discusses DCAA’s new thresholds for performing audits of contractor cost proposals, and changes to how DOD will implement Forward Pricing Rate Agreements (FPRAs). But there were some new items as well. They include—

  • DCAA will no longer perform Financial Capability Reviews. These reviews will now be performed solely by DCMA during the Pre-Award Survey process. The memo reported that, “DCMA has established a Financial Analysis Division under its Cost and Pricing Center and is adding additional staff to meet the increased workload requirements.”

  • DCAA will no longer participate in DCMA’s review of Contractor Purchasing Systems. The memo stated that, “DCMA has a Purchasing System Review Center under its Contracting Division and is increasing both the number of analysts assigned to the Center and reviews performed per year to meet the increased workload requirements.” However, the memo noted that, “DCAA will continue to audit subcontract costs as part of its incurred cost audits and [will] report any deficiencies found in the contractor’s system to the ACO for resolution.”

And that’s it. Oh, the memo also noted that details regarding oversight of other internal control systems will be covered as part of the DFARS “business systems rule” that is currently pending. It stated—

When implemented, the revised policy will clearly define DCMA/DCAA responsibility with respect to each Agency’s role in assessing and determining status of the contractor’s Accounting, Estimating, Earned Value Management, Material Management and Accounting, Purchasing, and Property Systems.

Well, we looked pretty closely at the proposed revision to the DFARS rules on contractor systems. We even provided a comment or two to the DAR Council for consideration. And in our opinion, we didn’t see very much “clear” definition regarding each agency’s role in the process.

So we look forward to yet another memo from DPAP, one that clearly spells out the contractor oversight roles and responsibilities of each agency. And we note that there is much more to contractor oversight than reviewing business systems (though obviously that’s a significant part of the oversight process). We await clarity regarding resolution of Cost Accounting Standards administrative matters (such as Disclosure Statements that aren’t timely determined to be adequate and compliant, or cost impact proposals that sit for years and years without any DOD action), timely resolution of allegations of “defective pricing” violations of the Truth-in-Negotiation Act, reviews of Contractor Disclosures of violations of its Ethics and Business Conduct policy, and the like.

The two DOD oversight agencies aren’t really dysfunctional. But the processes by which the DOD effectuates its oversight are too often broken. And the personnel involved in the processes seem to be incentivized to defer decisions rather than exercise their FAR-given authority and discretion to resolve issues. We look forward to a future USD(AT&L) memo exploring those fundamental leadership failures. Until then, this DPAP memo will have to suffice.

 

Mystery at Manas

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Percolating around the upper strata of Pentagon and State Department policy wonks is concern over the “Mystery at Manas,” and whether Pentagon officials “were complicit in apparent tax-dodging schemes by contractors providing crucial fuel supplies for the U.S. military.”

Pentagon-Pirate

This issue was brought to our attention by Bob Antonio at WIFCON.com, who linked to this blog article at ForeignPolicy.com. The article discusses two contractors—Mina and Red Star Corps.—described as “shadowy companies that provide hundreds of millions of dollars a year in jet fuel to the American military's Manas Air Base in Kyrgyzstan and Bagram Air Base in Afghanistan.”

That’s kind of an understated description. Let’s be clear: We are talking about roughly $3 Billion “in single-source contracts he has obtained over the last seven years to deliver jet fuel for the war in Afghanistan.”

Reportedly, the companies are owned by Doug Edelman, “who resides in London and registers his companies in the tax shelter of Gibraltar, but under the name of his French wife and Kyrgyz business partner.” According to the article, Mr. Edelman’s only known previous business experience was ownership of a “burger joint” in Bishtek.

The Washington Post raised concerns about the awarding of contracts by the Pentagon to what appeared to be shell companies in November, 2010. Apparently (according to the Post), it took eight years (and billions of dollars in contract awards) before the Pentagon folks got around to asking for, and receiving, “details of who owns the operation.” The Post reported, “Mina and Red Star … went to great lengths to conceal the ownership role of Edelman's wife - who has no known experience in jet fuel logistics - and Bekbolotov behind a web of offshore entities.”

The Post article noted that the situation with Minas and Red Star Corp. has angered the Kyrgyzstan government. It said—


The [most recent contract] award infuriated Kyrgyz officials, who want private contractors replaced by a Russian-Kyrgyz joint venture.


A statement issued by the Foreign Ministry in Bishkek, the Kyrgyz capital, said that Washington must ‘suspend cooperation’ with Mina until the completion of an investigation by state prosecutors. It cited ‘corrupt schemes around fuel deliveries’ to the U.S. base and demanded steps to ‘ensure transparency and remove suspicion.’

Further, the Post noted that, “a serious rupture between Washington and Bishkek could jeopardize the future of a U.S. base that is used to fly troops to and from Afghanistan and houses a fleet of aero-tankers that do in-flight refueling over the Afghan combat zone.” According to the Post’s story—


Kyrgyz officials have repeatedly accused the companies of corrupt ties to the family of former president Kurmanbek Bakiyev, who was ousted in April. But they have provided no proof of wrongdoing and a six-month investigation by the House subcommittee on foreign affairs and national security has found no credible evidence of corruption.


The companies have denied wrongdoing and say they are the victims of misinformation spread by rivals.

The ForeignPolicy.com story reported on allegations that “Mina is part of a veritable empire stretching from East Europe to Africa and Afghanistan. It includes an Internet company in Kabul, investment services in Africa, energy pipelines in Afghanistan, and trade and financial investments, not to mention the billion-dollar-jet-fuel business.”

Readers may be surprised to learn that the companies are tied to the April 2010 ouster of the Kyrgyz President, Kurmanbek Bakiyev. According to the ForeignPolicy.com article—


As you recall, Kyrgyz poured into the streets when gasoline prices suddenly went through the roof after Russia clamped on a substantial new customs tariff. Observers surmised that Moscow was punishing Bakiyev for reneging on a supposed agreement to expel Manas in exchange for $2 billion in aid for the country.


Not so, according to the House report -- it was because Mina and Red Star lied to Russia as to its ultimate customer. The companies said -- and Kyrgyz officials backed up the story -- that they were buying Russian jet fuel for civilian use. This was to get around a Russian policy prohibiting the export of strategic assets -- in this case jet fuel -- for purposes of war.


In a statement today, Mina and Red Star say that Gazprom Neft, the direct seller of the fuel, knew about the military fuel contract all along. That may be the case, but the report goes on to say that the Russian public apparently didn't know, and ultimately the Russian Duma and the FSB (the domestic intelligence service) decided to investigate -- and when they did, subsequently determining that the fuel was for U.S. jets, a cutoff in the gasoline supply followed. The tariff came after that, along with a 30 percent increase in gas prices on the street.

If true, this is kind of an amazing development: We would have a private company buying Russian jet fuel and then turning around and selling it to the United States for its military operations in Southwest Asia. We doubt that even Tom Clancy could envision such a situation in his best-selling techo-thrillers! Yet, that appears to be exactly what transpired. The ForeignPolicy.com article stated, “in this case, the Russians -- the sellers of the fuel -- allegedly didn't know the fuel-buying was going on; neither did the Pentagon, the buyers of the fuel; nor, the report goes on, did the American Embassy in Bishkek, where the fuel contract was the stuff of daily reporting and griping …”

Is this a description of contractors that are operating—apparently legally—within the hidden “gaps” of existing international law? Is this entrepreneurship at the highest international level, or merely at a level higher than the associated oversight protocols? Before you decide, note this comment from the ForeignPolicy.com article:

Mina and Red Star are covered by a diplomatic agreement between the United States and Kyrgyzstan that sets its tax rate (apparently zero), and prevents the Kyrgyz from interfering with its operations.

We could hardly believe this story as we researched it for this article. Moreover, we would certainly understand if you, gentle readers, thought this was simply another example of our tendency to hyperbole.

Need more evidence? Then check out the official report on the matter, issued by the U.S. House of Representatives’ Subcommittee on National Security and Foreign Affairs, released on December 21, 2010.

 


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Newsflash

Effective January 1, 2019, Nick Sanders has been named as Editor of two reference books published by LexisNexis. The first book is Matthew Bender’s Accounting for Government Contracts: The Federal Acquisition Regulation. The second book is Matthew Bender’s Accounting for Government Contracts: The Cost Accounting Standards. Nick replaces Darrell Oyer, who has edited those books for many years.