Bunnatine Greenhouse

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Bush Administration Under Scrutiny For Halliburton Contracts

POSTED: 4:43 pm EDT October 28, 2004

FBI agents this week sought permission to interview Bunnatine Greenhouse, the Army Corps of Engineers' chief contracting officer who went public last weekend with allegations that her agency unfairly awarded KBR, a Halliburton subsidiary, no-bid contracts worth billions of dollars for work in Iraq, according to documents obtained by The Associated Press.

Asked about the documents, Greenhouse's lawyers said Thursday their client will cooperate but that she wants whistleblower protection from Pentagon retaliation.

"I think it (the FBI interview request) underscores the seriousness of the misconduct, and it also demonstrates how courageous Ms. Greenhouse was for stepping forward," said Stephen Kohn, one of her attorneys.

"The initiation of an FBI investigation into criminal misconduct will help restore public confidence," Kohn said. "The Army must aggressively protect Ms. Greenhouse from the retaliation she will encounter as a result of blowing the whistle on this misconduct."

http://www.theindychannel.com/news/3869570/detail.html




Lookee Here . . .

Bunnatine at one time was argued the government's case that "limited cometition' contracts were necessary because of the 'war on terror' and 'Operation Enduring Freedom':


This opinion was issued under seal on May 8, 2003.

AL GHANIM COMBINED GROUP
CO. GEN. TRAD. & CONT. W.L.L.,
Plaintiff,
v.
THE UNITED STATES,

This case comes for decision after argument on the parties’ cross-motions for judgment on the administrative record. Pursuant to 28 U.S.C. § 1491(b)(1) (2002), plaintiff contractor initiated a post-award protest seeking injunctive relief requiring the U.S. Army to resolicit a construction contract. Plaintiff bases its protest on alleged flaws in the agency’s evaluation of the proposal submitted by the awardee. Defendant (DOD) denies that the procurement process was conducted contrary to any applicable regulations or statutes or was arbitrary and capricious.

The following facts derive from the administrative record. On November 22, 2002, Col. Charles O. Smithers III, U.S. Army Central Command-Kuwait, issued a memorandumto the Gulf Regional Engineer of the U.S. Army Corps of Engineers (the “Corps”). Col. Smithers requested that the Corps provide “contracting and construction management support to execute a limited competition” indefinite delivery/indefinite quantity (“IDIQ”) contract, performance of which would take place in Kuwait. This “very unusual requirement” was necessary owing to the “war on terrorism, Operation Enduring Freedom, and pending armed conflict with Iraq. Thousands of soldiers are expected to be transported to a desert environment which currently has no facilities to receive or house them.” Consequently, competition for the contract would be limited to “local Kuwaiti firms” that had completed prior contracts for the U.S. military satisfactorily.

Bunnatine H. Greenhouse, the Corps’s Principal Assistant Responsible for Contracting, executed a “Memorandum for Commander” on December 29, 2002, approving the request for limited competition on the IDIQ contract. Although Ms. Greenhouse opined that this project was “not the proper use of the IDIQ contract,” she determined that granting the request was in the best interest of the Corps “because of the national security implications.”

http://www.cofc.uscourts.gov/Opinions/Miller/03/MILLER.AlGhanim.redacted.pdf (pgs.1&2)

The Court ruled that finds that the concerns of national security superseded the Kuwaiti contractor's entitlement to normal bidding procedures. That's likely the tack that the government will take in this case. Claims by the government of national security concerns trump reason and law every time with our courts. It's going to be hard for Bunnatine to argue against her own defense of that principle in the past.

I love the idea that we have a patriot who will stand against these thieves, but she seems pretty exposed and compromised by her past cooperation. I wish her well. I want someone to explain to me how she will overcome the appearances of past collusion with the folks she is accusing.