modernization, competition, & homeland security · m o d e r n i z i n g a r m y l o g i s t i...
TRANSCRIPT
W i n t e r 2 0 0 7 / P u b l i s h e d b y t h e C o n t r a c t S e r v i c e s A s s o c i a t i o n
M o d e r n i z i n g a r M y l o g i s t i c s
Modernization,Competition,
& Homeland Security Thinking Outside the Box
A Publication of the Contract Services Association 1000 Wilson Blvd., Suite 1800
Arlington, VA 22209
Phone: 703-243-2020 Fax: 703-243-3601
Website: www.csa-dc.org
All Rights Reserved
PublisherChris Jahn
EditorCathy Garman
Advertising ManagerBryan Bowman
Cover Photo:©istockphoto.com/Clayton
TAblE of ConTEnTs
W i n t e r 2 0 0 7 / P u b l i s h e d b y t h e C o n t r a c t S e r v i c e s A s s o c i a t i o n
4 President’s Page
6 LMP towards Modernizing Army Logistics
10 Beyond Competitive Sourcing
14 SAFETY Act Liability Protection
20 CSA’s Washington Conference
23 Time is Not on Your Side
25 Investment in CSA Training
29 Meet a New Member - MVM Security Services,
Inc.
32 Meet a Long Time Member - Centre Federal Law & Consulting
35 Member News
36 CSA’s Strategic Partners
37 CSA’s Platinum Sustaining Sponsors
38 CSA’s Executive Committee
38 Advertiser Index
ServiceContractor/Winter2007/�
1�/ServiceContractor/Winter2007 ContractServicesAssociation
Continuedonpage17
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Along with great business opportuni-ties, Homeland Security brings
unparalleled risks – untested technologies, shifting threats, and open-ended missions. Hardly any risk tops that of crippling liability lawsuits and ruinous damages inevitably following on the heels of a terrorist attack. Fearing that these lawsuit threats would cause Homeland Security contractors to keep our best anti-terrorism technologies on the sidelines, Congress en-acted the SAFETY Act (Support Anti-ter-rorism by Fostering Effective Technologies Act) to shield sellers of these technologies from the threat of liability arising out of acts of terrorism. To assure the broadest protection for Homeland Security contrac-tors, the SAFETY Act specifically extends coverage to anti-terrorism services qualify-ing for Department of Homeland Security (DHS) approval.
After a number of early hitches and glitches in implementing the SAFETY Act, DHS has made great strides by issuing more user-friendly regulations and application kits, devoting greater resources to reviewing applications, and approving over 100 anti-terrorism technologies – most of which involve services and/or service components – for SAFETY Act protection. While room still exists for improving the SAFTYAct process, Homeland Security service contractors should consider SAFETY Act protection not only for its benefits in protecting against liability arising out of terrorism acts, but also for the marketing value of having an approved anti-terrorism service on the DHS list of designated and certified technologies. In this article, we discuss (1) the benefits of SAFETY Act coverage, (2) the approval process, and (3) the types of services that DHS has approved.
What are the Benefits?In a nutshell, the SAFETY Act creates
incentives for companies to bring new anti-terrorism technology to the mar-ketplace by limiting the seller’s potential liability and damages arising out of a ter-rorist attack. The SAFETY Act establishes two levels of protection: (1) designation; and (2) certification. At the first tier, “designation” of a product or service as a Qualified Anti-Terrorism Technology (QATT) offers the seller substantial protections against liability arising out of terrorist acts:
• Liability Cap. The seller’s liability is capped at the amount of liability insurance coverage specified for each QATT technology;
• Noneconomic Damages. No joint and several liability for non-economic damages is allowed (i.e., sellers can only be liable for their proportionate share of non-economic damages);
• Punitive Damages & Interest. Punitive damages and prejudgment interest are barred;
• Collateral-Source Recovery. Plain-tiffs’ recovery is reduced by amounts received from “collateral sources,” such as insurance or Governmental benefits;
• Federal Court Jurisdiction. Federal courts have exclusive jurisdiction for suits against Sellers.
At the second tier, “certification” of technology as an “Approved Product,” affords even broader protection:
SAFETY Act Liability Protection for Service Contractors in the Homeland Security Business: Why It’s Important and How to Get Itby linda s. bruggeman and David Z. bodenheimer
istockphoto.com/bluestocking
Continuedfrompage14
• Government Contractor Defense. Certified sellers are entitled to the “Government contractor defense,” which immunizes sellers from liability for claims arising out of terrorist acts; and
• Broad Protection. The defense can be overcome only if the seller acted fraudulently or with willful miscon-duct in submitting information during the certification process.
How do you get your product or service approved?
SAFETY Act coverage is not auto-matic, but instead depends upon the seller applying – and receiving DHS approval – for such protection. The “designation” procedure is detailed in DHS regulations (6 CFR Part 25) and in the SAFETY Act Application Kit,
available online at https://www.safetyact.gov/. Reduced to the basics, the process includes the following steps:
• Information Submission. Applicants must submit detailed information about•Nature of the technology and
intended uses, •Manner in which it would be
deployed,•Risks that it is intended to counter, •Costs of the technology, •Prior and anticipated sales, •Safety information, and •Types of insurance coverage available;
• DHS Consultations. Applicants frequently have pre- and post-applica-tion consultations with DHS;
• Review Period. DHS is committed to completing its review within 120 days (although extensions may occur);
• Expedited Processing. Expedited pro-cessing is available when, e.g., applica-tions relate to a pending procurement or address a particular threat;
• Insurance Coverage. Once approved, the seller must maintain the specified level of liability insurance.
In addition to the steps above, the “certification” process also requires certification and evidence that the anti-terrorism technology will (1) perform as it is intended, (2) conform to the applicable specifications, and (3) be safe for its use as intended.
What kinds of services have been approved?
In the past two years, DHS has approved many services for SAFETY Act coverage, as the DHS website shows at
Continuedonpage18
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https://www.safetyact.gov/. Not surpris-ingly, the scope and complexity of services vary widely, as this partial list illustrates:
• ThreatandVulnerabilityAssessmentandRiskMitigationServices providing recommendations on infrastructure vulnerabilities and ways to mitigate threats through engineering and technical support services;
• SystemEngineering,Design,andInte-gration Services employing technology and vulnerability assessments, design modeling, requirements analysis, systems integration, and testing to inspect cargo, vehicles, and vessels for radiological/nuclear material and other explosive, chemical and toxic agents;
• AirportPassengerandBaggageScreeningServices for operating screening equip-
ment and for pre-board screening of passengers and luggage;
• DigitalVideoSurveillance for technolo-gy and services for surveillance systems capturing and managing video, audio and positional data;
• GuardandSecurityServices for access control, physical security services, alarm system and video monitoring, emergency response and reporting, and personnel qualification, training and deployment;
• MaintenanceandRepairServices for screening equipment, including explosive trace detectors, cabinet x-ray systems, enhanced metal detectors, and explosive detection systems.
ConclusionUnless and until there is an act of
terrorism, no one can be sure how effective the SAFETY Act protections will be. Nevertheless, given the huge market – both governmental and commercial – for anti-terrorism technology, service contractors in the Homeland Security business need to consider the great value of SAFETY Act coverage, not only as an important hedge against potentially catastrophic liability, but also as a competi-tive advantage in marketing anti-terrorism services to Federal, state, local governments and private-sector customers.
LindaBruggemanandDavidBoden-heimerspecializeinHomelandSecurityandGovernmentContractsintheWash-ington,DCofficeofCrowell&MoringLLP(www.crowell.com).
CSA is honored to have Crowell & Moring as a Platinum Sponsor.
Continuedfrompage17
��/ServiceContractor/Winter2007 ContractServicesAssociation
ChairmanMr. Larry Trammell (2007)Vice President of Strategic DevelopmentTechFlow12220 El Camino Real Suite 300San Diego, CA 92130(858) 481-1125 [email protected]
Vice ChairmanMr. Michael W. Shelton (2007)Vice President and General Manager, Government and Institutional ServicesEMCOR Facilities Services320 23rd Street Suite 100Arlington, Virginia 22202703-769-8275 / 703-486-7527 [email protected]
SecretaryMr. Isiah Harris (2008)PresidentAMERITAC, INC.2280 Diamond Blvd., Suite 360Concord, CA 94520-5731925-743-8398 / 925-743-0126 [email protected]
Group One RepresentativesMr. John Aldridge (2008)PresidentEastern Maintenance & Services, Inc.P.O Box 669, 25 E. Main StreetCoats, North Carolina 27521910-897-2200 / 910-897-5329 [email protected]
Mr. David Miller (2007)PresidentEMI Services301 A StreetIdaho Falls, Idaho 83402208-522-1117 / 208-522-9908 [email protected]
Mr. Bob Ruhe (2007)Vice President, Corporate DevelopmentASEG, Inc.6867 Nancy Ridge RoadSan Diego, California 92121858-200-2310 / 858-550-0896 [email protected]
Group Two RepresentativesMr. Robert M. Bowe (2008)Senior Vice President, Business DevelopmentChenega Corporation46040 Center Oak Plaza, Ste 175Sterling, Virginia 20166703-752-5678 x102 / 703-608-2397 [email protected]
Mr. David Swindle (2007)PresidentIAP World Services2231 Crystal Drive, Suite 1113Arlington, Virginia 22202240-447-5782 / 703-682-6804 [email protected]
Mr. Vic Avetissian (2007)Corporate Director, Government Acquisition InitiativeNorthrop Grumman Corporation1000 Wilson Boulevard, Suite 2300Arlington, Virginia 22209703-875-8523 / 703-276-0711 [email protected]
Immediate Past ChairmanMr. John W. Lange (2007)PresidentMadison Services, Inc.P.O. Box 1639Madison, Mississippi 39130-1639601-856-4346 / 601-856-9008 [email protected]
(date) = year term ends
Organized in 1965 by 15 Government service contractors, CSA now has a member-ship in the hundreds, and ranges from small businesses under $1 million in annual in-come to some of the nation’s largest service contractors. ServiceContractor magazine has national circulation, reaching corporations, individuals, and Government. Service Con-tractor magazine reaches Government offi-cials of all levels, from the contracting officer to the highest of executive levels in both the Federal executive agencies and the Congress.
If you are not a member of Contract Services Association of America and wish to receive more information, you are urged to contact: CSA Membership, 1000 Wilson Blvd., Suite 1800, Arlington, VA 22209, (703) 243-2020, website: www.csa-dc.org.
CSA is headquartered in the Washing-ton, D.C. area, but our members are doing business throughout the entire nation with dozens of Government agencies including the Depts. of Defense, State, Labor, Energy, Transportation, plus the EPA, IRS, NASA, OMB, US Postal Service, and the FAA.
CSA is a 501(c)(6) nonprofit organiza-tion. Service Contractor and CSA cannot be responsible for unsolicited manuscripts, photographs, or other materials. Opinions expressed by the authors do not necessarily represent official CSA position or policy.
Advertising: Any advertising appearing in this magazine cannot be construed as an endorsement by CSA or its member compa-nies. The publisher reserves the right to re-ject, discontinue, or edit any advertisement. All advertising will be reviewed with a sensi-tivity to the interests of the association with respect to intended content for ServiceCon-tractor. Insurance advertising that competes with CSA member benefit programs cannot be accepted. To reach the CSA Advertising Department, Call Bryan Bowman, at (703) 243-2020, or e-mail: [email protected]. Ad-vertising rates will be sent to interested par-ties. Rates are subject to change.
Service Contractor is now available by subscription to both non-CSA members and CSA members alike who would like to re-ceive extra copies for distribution.
Service Contractor is published by the Contract Services Association (CSA), 1000 Wilson Blvd., Suite 1800, Arlington, VA 22209. (703) 243-2020; FAX (703)243-3601. Advertising Sales: ©2007 All Rights Reserved.
ConTRACT sERVICEs AssoCIATIon of AMERICAe x e C u T I v e C o M M I T T e eAboUT CsA
&SeRvICeCoNTRACToR
Akima.................................................................................24Aleut Management services ........................................................................13Centre Consulting, inc. .........................Back CoverCenturion research solutions ....................................inside Back CoverContractors solutions Group ..............................28emcor facilities services .........................................15eMi services ..................................................................26epipeline ...........................................................................31
itt industries, inc. .......................................................16national Benefit Alliance ...........................................5olgoonik .............................................................................9Phoenix Management, inc. .....................................18Piedmont investment Advisors ...........................17PilieroMazza PLLC......................................................31spriggs & hollingsworth .........................................12techflow ..........................................................................19the Boon Group .................... inside front Cover
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