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KBR inc.

professional-overseas-contractors
According to the Department of Defense (DoD) — Kellogg Brown & Root Services Inc., Houston, Texas, is being awarded a $28,898,619 contract for base operations support services at Isa Air Base, Kingdom of Bahrain.

The work to be performed provides for, but is not limited to, all management, supervision, tools, materials, supplies, labor and transportation services necessary to perform galley services, bachelor quarters and laundry services, facility management, emergency service requests, urgent service, routing service, minor work I and II, facilities investment, custodial, pest control service, integrated solid waste, grounds maintenance, wastewater, operate reverse osmosis water treatment system and base support vehicles, environmental, fire emergency services, and explosive safety officer services.

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professional-overseas-contractors
KBR Inc. took a hit in an ongoing False Claims Act suit from the federal government Thursday when a Texas federal judge ordered the company to hand over an internal investigation report on alleged kickbacks at the center of the case on the grounds it had waived attorney-client privilege of the document.

Obliging the government’s midtrial request to compel the report, U.S. District Judge Marcia A. Crone ruled shortly before closing arguments in the case that protection for the report had been waived nine years before when one KBR employee transmitted it to another, an attorney for KBR confirmed to Law360 in an interview.

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professional-overseas-contractors
According to the Department of Defense (DoD) — Kellogg Brown and Root Services Inc., Houston, Texas, is being awarded a $59,654,219 contract for base operations support services at Camp Lemonier, Djibouti, and affiliated operational sites within the eastern Africa area of responsibility.

The work to be performed provides for public safety (security operations, emergency management, and fire/emergency services), air operations, ordnance, supply operations, laundry services, morale welfare and recreation, galley (food services), housing (bachelor quarters), facility support (facilities investment, janitorial services, grounds maintenance, pest control, refuse collection, and roads), utilities (electrical generation, wastewater treatment, and water operations), base support vehicles equipment, and environmental services.

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professional-overseas-contractors
The military contractor Kellogg Brown & Root Services won at the U.S. Supreme Court on Tuesday, when the justices ruled unanimously in KBR v. U.S. ex rel Carter that the Wartime Suspension of Limitations Act extends the time limit only for criminal fraud cases, not for civil suits under the False Claims Act. KBR lawyer John Elwood of Vinson & Elkins told my Reuters colleague Lawrence Hurley that the decision should effectively kill a 2011 whistleblower suit accusing the company of billing the U.S. government for months of water purification services in Iraq it didn’t actually provide.

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professional-overseas-contractors
According to the Department of the Navy — KBR, Inc. has been awarded Fire and Emergency Services (firefighting) at Isa Air Base (Isa AB) Logistics Support Area (LSA) Bahrain. 

The requirement is for fire and emergency services and the maintenance of that associated equipment at ISA Air Base, Bahrain. The estimated procurement cost is undisclosed for the acquisition of the service for 6 months.

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professional-overseas-contractors
Supreme Court of the United States (“Supreme Court”) denied Kellogg Brown & Root, Inc.’s (“KBR“) fight to recover $41 million in disallowed subcontractor costs incurred in performance of dining services in Iraq, bringing an end to KBR‘s longrunning claim litigation.

Of significance for other contractors, the Supreme Court’s denial leaves intact the decision by the Federal Circuit, Kellogg Brown & Root Servs., Inc. v. United States, opinion corrected on denial of reh’g, 563 F. App’x 769 (Fed. Cir. 2014) and cert. denied, 13-1558, 2014 WL 2919328 (U.S. Oct. 6, 2014) (KBR I), wherein the Federal Circuit discussed at length the significant regulatory discretion invested in the Government when assessing cost reasonableness. KBR I has caused a great deal of concern in the contracting community because it undermines contractors’ real-time business judgments about cost reasonableness.

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professional-overseas-contractors
A high-profile qui tam suit against Kellogg Brown & Root and Halliburton continues to generate important case law relating to the scope of attorney-client privilege and work product protection given to internal investigations.

In the lawsuit, arising out of alleged false claims to the government under Iraq reconstruction-related contracts, federal judge James S. Gwin in Washington, D.C. held, in March 2014, that internal investigation materials were not protected by the attorney-client privilege because the investigation had been conducted as a matter of regular company policy by internal compliance personnel and as required by federal law. (I wrote about Judge Gwin’s ruling in a blog entitled “When Is An Internal Investigation Not Privileged.”)

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Professional Overseas Contractors
Houston, Texas — KBR Inc. announced they were awarded an indefinite-delivery/indefinite quantity job order construction contract by the Naval Facilities Engineering Command Europe Africa Southwest Asia for the largest U.S. base in Africa. This contract award is the second recent contract awarded to KBR by NAVFAC to support military operations at Camp Lemonnier in Djibouti, Africa. KBR is currently performing operations and maintenance services under the Base Operations Support Services (BOSS) contract.

Stuart Bradie“KBR’s prior success working in Djibouti has led to the award of this contract,” said Stuart Bradie, KBR President and CEO. “KBR has long been a proud supporter of the U.S. military. We have successfully delivered on projects in harsh, complex environments in which the military has served and this project is no different.”

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Professional Overseas Contrac
KBR Services, Inc., Houston, Texas, is being awarded a maximum amount $50,000,000 indefinite-delivery/indefinite-quantity job order construction contract for construction projects located in Djibouti, Africa, areas managed by Naval Facilities Engineering Command (NAVFAC) Europe Africa Southwest Asia (EURAFSWA). The work to be performed provides for renovations, repairs, maintenance, replacement, alterations, demolition, and NAVFAC Construction Category II, III and IV tasks for Department of Defense activities in the Djibouti, Africa, area. No task orders are being issued at this time.

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Professional Overseas Contractors
KBR, Inc. announced today that it has been awarded a contract by the U.S. Navy Facilities Engineering Command, Atlantic for the base operating support services for Isa Air Base, Kingdom of Bahrain.

Andy Summers“This is a great opportunity for us to expand our sustainment operations on an installation that is continuing to grow and evolve,” said Andy Summers, KBR Infrastructure, Government and Power Group President. “We are excited to work with the U.S. Navy on this strategically important project and to provide vital support to U.S. military members and their families.”

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Professional Overseas Contractors
Houston, Texas —  After five-plus years of litigation, the Armed Services Board of Contract Appeals (ASBCA) today reaffirmed KBR’s use of private security contractors during combat operations in Iraq. The ruling clears the way for KBR to recover $45 million plus interest from the U.S. government for services rendered in 2003-2007. It also confirms the appropriateness of an additional $10 million in billings previously paid to KBR.

“KBR fulfilled its commitment to our troops and we are proud of the support that we provided our forces, . “Although ASBCA’s ruling is appealable, we hope this latest decision will finally conclude the matter.” said Andrew Farley, KBR Executive Vice President and General Counsel

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Professional Overseas Contractors
KBR Inc. said the Armed Services Board of Contract Appeals affirmed the government contractor's use of private security contractors during combat operations in Iraq, clearing the way for KBR to recover $45 million for services rendered in 2003 to 2007.

The company, which performs engineering, construction and defense--said the decision also affirms the appropriateness of an added $10 million previously paid to KBR. The payment isn't expected to have a material impact on KBR's 2014 earnings.

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Professional Overseas Contractors
Kellogg, Brown and Root Services, Inc., Houston, Texas, is being awarded a $56,563,357 modification under a previously awarded firm-fixed-price, indefinite-delivery/indefinite-quantity contract (N62470-13-D-3008) to exercise option year one for base operation support services at Camp Lemonnier, Djibouti.

The work to be performed provides for public safety (security operations, emergency management, and fire/emergency services), air operations, ordnance, supply operations, laundry services, morale welfare and recreation, galley (food services), housing (bachelor quarters), facility support (facilities investment, janitorial services, grounds maintenance, pest control, refuse collection, and roads), utilities (electrical generation, wastewater treatment, and water operations), base support vehicles equipment, and environmental services. The total contract amount after exercise of this modification will be $224,153,913.

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Professional Overseas Contractors - www.Your-POC.com
The Special Inspector General for Afghanistan Reconstruction (SIGAR) just released a top-level analysis of State Department reconstruction funding in Afghanistan. SIGAR found that State has obligated nearly $4 billion for Afghanistan reconstruction between the beginning of fiscal year 2002 and March 2013, more than two-thirds of which ($2.8 billion, or 69 percent) will go to just one company—DynCorp International.

The State Department’s reconstruction effort relies extensively on contractors. Nearly 90 percent of State’s reconstruction funding—$3.5 billion—was obligated in 55 contracts awarded to 19 recipients, the largest of which is DynCorp. Readers of this blog are probably familiar with DynCorp’s colorful history in Afghanistan, which includes instances of labor smuggling, weak performance and overpayments on a base support services contract, botched construction work on an Afghan Army garrison, and lawsuits filed by disgruntled subcontractors.

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Professional Overseas Contractors
Kellogg Brown & Root Services, Inc., Houston, Texas, is being awarded a $22,142,994 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for base operating support services at Isa Air Base, Bahrain and its outlying support sites including the Patriot Battery Site at Riffa, Bahrain.

The work to be performed provides for all management, supervision, labor, materials, and equipment necessary to perform services for general information, management and administration, galley, housing (bachelor/unaccompanied housing), facility support (facility investment, facility management, custodial, pest control, integrated solid waste management, grounds maintenance and landscaping), electrical, wastewater, water and base support vehicles and equipment, and environmental. The maximum dollar value including the base period and four option years is $113,824,554.

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Professional Overseas Contractors - www.Your-POC.com
Recently, the U.S. District Court for the District of Columbia ruled that a company’s work product created during an internal mandatory disclosure investigation was not protected by the attorney-client privilege or attorney work-product doctrines. During discovery in United States ex. rel. Barko v. Halliburton Co. et al., KBR sought to withhold internal investigation reports relating to alleged fraudulent activities during its performance of the Logistics Civil Augmentation Program (LOGCAP III) contract in Iraq. The ruling casts doubt on whether documents created pursuant to internal investigations are protected by the attorney-client privilege or work-product doctrines and could significantly impact how companies conduct internal investigations, including their mandatory disclosure practices.

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Professional Overseas Contractors - www.Your-POC.com
Kellogg Brown & Root Services, Inc. was awarded $18,435,894.24 for Air Terminal and Ground Handling Service Al Mubarak Air Base/Kuwait International Airport Kuwait. Services include but are not limited to all US Government owned or operated aircraft, US sponsored foreign Government aircraft, Coalition Forces aircraft, commercial contract aircraft, and tendered aircraft in support of the Department Transportation System (DTS).

The contractor shall facilitate on-time aircraft departures and maintain the ability to provide sustained ATGHS for a working Maximum on Ground (MOG) capability of two (2) wide-body aircraft or the equivalent thereof. Handling of classified information will require the contractor to have a facility clearance after contract award and prior to contract performance. The procurement is unrestricted however only United States firms may submit an offer as a facility clearance can only be granted to US firms.

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Professional Overseas Contractors - www.Your-POC.com
An Illinois federal judge this week declined to dismiss a suit by the federal government claiming KBR Inc. overcharged for soldier housing in Iraq, saying the allegations were credible enough to allow it to proceed.

U.S. District Judge Sara Darrow rejected KBR’s argument that the government had failed to establish adequate standing to pursue claims that KBR and its Kuwait-based contractor, First Kuwaiti Trading Company, knowingly inflated the cost of trucks and cranes, causing its $80.9 million contract to build the housing to balloon to $129.5 million in 2003. The government alleges that the hikes constituted seven violations of the False Claims Act.

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Professional Overseas Contractors - www.Your-POC.com
KBR Inc. and Halliburton Co. aren’t automatically immune from lawsuits by military service members over illnesses caused by exposure to contractor burn pits, a U.S. appeals court said, reversing a lower court ruling. KBR is only entitled to immunity if it adhered to the terms of its contract with the government, something the district court failed to explore adequately, U.S. Circuit Judge Henry Floyd wrote in sending the case back for further proceedings.

The unanimous ruling by a three-judge panel in Richmond, Virginia, is the latest rebuff to KBR’s argument that it should be insulated from liability in lawsuits over its performance in Iraq and Afghanistan by laws shielding contractors during wartime. KBR is disappointed by the ruling and is evaluating options for appeal, Richard Goins, a company spokesman said in an e-mailed statement.

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