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You Can’t Spread Justice in an Insecure Country

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Back in July, SIGAR noted that $50 million in US funds had been awarded in a sole source contract secured only by a short letter of agreement between the Department of State and the contractor, the International Development Law Organization, known as IDLO.  That contract was for one of three programs that are administered by State’s Bureau of International Narcotics and Law Enforcement Affairs (INL) under the overall program called the Justice Sector Support Program, JSSP. IDLO’s contract covers Regional Justice Sector Training. PAE, which previously had been the contractor for all of JSSP, retains responsibility for the other two programs, a Case Management System and Institutional/Administrative Capacity Building. Over $200 million has been invested by INL for JSSP.

In an audit released today (pdf) SIGAR found that the contract with PAE is limited in how PAE’s performance can be assessed and whether the goals of JSSP are being achieved.

There is a much larger overall problem, though, and it is in how this program, like all of the rest of US plans for Afghanistan, was scuttled by the abject failure of the military to bring peace to Afghanistan. Note that the original plan was for the justice program to spread throughout Afghanistan. But the abject failure of the military to stabilize the country means that this program only was able to address small portions of the country:

Specifically, under the May 2011 statement of work agreed to between INL and PAE, the case management system was supposed to be completed nationwide by May 2012. However, geographic, logistical, and other challenges prevented PAE from expanding the electronic, internet-based case management system beyond 7 of 34 of Afghanistan’s provinces. As a result, INL modified the contract by replacing the requirement for a nationwide system with one that required implementation in only the seven provinces where it had already been installed.

So a portion of the program meant for all of the country wound up being operational in only 7 out of 34 provinces because of many failures, but I suspect that the indirect language in this section is meant to gloss over security failures being the main reason for restricting the reach of the program. I see no evidence that the budget for this portion of the program was cut to reflect the smaller size, so I wonder if PAE merely got to pocket what they would have spent expanding to the missing 27 provinces.

As noted back in July, the transfer of a portion of JSSP to IDLO was suspect. Today’s audit doesn’t reduce the concerns about IDLO: Read more →

SIGAR’s Sopko re $50 Million Sole Source Rule of Law Contract: “You Can’t Make This Up”

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John Sopko

John Sopko

The Special Inspector General for Afghanistan Reconstruction (SIGAR) has discovered that the State Department has awarded a sole source contract for nearly $50 million to provide training on the rule of law in Afghanistan. Remarkably, the State Department ignored its own rules for contracting and provided no mechanism for verifying spending under the contract. SIGAR also has found that the International Development Law Organization, which was awarded the contract, is particularly ill-equipped to manage such a large contract and is refusing to cooperate with SIGAR’s investigation.

From the alert letter (pdf) sent to Secretary of State John Kerry from Special Inspector General John Sopko:

I write to alert you to serious deficiencies related to the Afghanistan Justice Training Transition Program administered by the Department of State, Bureau of International Narcotics and Law Enforcement Affairs (INL). In the course of performing an audit of rule of law programs managed by INL, SIGAR became aware of INL’s sole source award to the International Development Law Organization (IDLO) for Afghan justice sector training services. This award does not appear to contain basic provisions that would allow INL to ensure proper monitoring and evaluation of a project expected to cost U.S. taxpayers nearly $50 million.

On December 27, 2012, INL offered IDLO $47,759,796 in exchange for work on a project titled, “Completing the Transition in Afghanistan: Justice Training Transition Program (JTTP)” (see attached). On January 2, 2013, IDLO accepted INL’s offer by initialing a two-and-a-half page Letter of Agreement. According to INL, this is the largest project IDLO has ever worked on and the United States has already obligated $20 million towards its completion.

It is very easy to see that this is the largest project IDLO has ever worked on. Their website is pathetic. The “people” section lists only one person, Irene Khan, noting that she served as Director General of Amnesty International from 2001-2009. The page fails to mention that she was removed from that post and caused quite a scandal with the huge payout she forced Amnesty International to give her in order to leave.

Returning to Sopko’s letter, we see that IDLO was chosen to replace another organization, PAE (whose new Executive Chairman just came from CACI, scary folks there…) and that SIGAR had “significant concerns raised regarding award and management of the PAE contract”. It appears that the State Department can’t quite figure out how to observe the law in giving out grants to train Afghans on the administration of justice. Further, SIGAR found that the State Department ignored its own rule in awarding this contract in a manner that makes oversight almost non-existent, even though it did require oversight on the portion of the program that is contracted to the Afghan government.

Regarding IDLO itself, the letter is devastating (emphasis added): Read more →