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Justice Abroad

professional-overseas-contractors
A new generation’s Agent Orange: The waste of war in Iraq & Afghanistan

Waste environmental pollution caused by potentially hazardous emissions caused by the use of open-air burn pits during the conflict in Iraq and Afghanistan may have created a new generation’s “Agent Orange.”

Author Eric Bonds, reports that, “During the Iraq and Afghanistan wars, the US Department of Defense (DoD) burned the majority of its solid waste in open-air pits or trenches. For many years, in fact, this was the only form of waste disposal at most bases (GAO 2010, IoM 2011). It is well known that the uncontrolled burning of plastics, Styrofoam, electronics, unexploded weapons, and other manufactured and highly processed materials releases harmful toxins and particulate matter into the air.”

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professional-overseas-contractors
In a press release by Pace Environmental Law Review to analyze and discusse aspects of the ongoing KBR Burn Pit Litigation. The litigation was renamed “In re KBR, Inc., Burn Pit Litigation” by the Multidistrict Litigation Panel (“MDL”) upon request of plaintiffs. See J.P.M.L. Transfer Order, No. 2083 (Oct. 16, 2009). an emerging toxic tort in the United States. The litigation is in response to alleged toxic smoke exposures from burn pits operated by government contactors at military bases in Iraq and Afghanistan.

The comment first discusses the alleged exposures and health concerns related to the inhalation of burn pit smoke. Next, the comment explains the regulatory framework surrounding the use of burn pits abroad and the incorporation of this framework into military logistics contracts.

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professional-overseas-contractors
DynCorp International LLC, of Fort Worth, Texas, protests the award of a task order to Kellogg Brown & Root Services, Inc. (KBR), of Houston, Texas, under request for proposals (RFP) No. W52P1J-14-R-0086, which was issued by the Department of the Army under the Logistics Civil Augmentation Program (LOGCAP IV) contract, for support services for U.S. military installations located in the Arabian Peninsula.

DynCorp argues that the Army unreasonably evaluated offerors' proposals under the technical/management and cost/price evaluation factors, failed to engage in meaningful and equal discussions, and failed to reasonably consider pending False Claims Act (FCA) litigation in evaluating the awardee's past performance and responsibility.

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