Who's Minding the Contractors?: If the Iraqi reconstruction is
unprecedented for its scope and urgency, so,
too, are its opportunities for corruption.
With billions of dollars flowing around a
country that was rife with corruption under
its previous regime, and with civil projects
being launched at a rate not seen since the
end of World War II, keeping tabs on
spending has proven a challenge.
Much of this responsibility has fallen on
Stuart W. Bowen Jr., the special inspector
general for Iraq reconstruction, and his
staff. He reports to both the U.S. Secretary
of Defense and the Secretary of State. Over
the past two years, Bowen's group has won
praise for discovering—sometimes in the
face of tremendous danger—such lapses as
the failure to keep track of $8.8 billion
transferred to the fledgling Iraqi
government in 2004. A large proportion of
that sum appears to have been stolen,
according to news accounts. Bowen's team has
also uncovered schemes in which
reconstruction officials misappropriated
funds, demanded kickbacks, or rigged bids.
But to some watchdog groups, such as the
Center for Public Integrity in Washington,
D.C., the biggest contracting problem in
Iraq is the prevailing contracting
arrangement itself. In typical U.S.
government contracts, government employees
themselves administer the contracts: they
oversee the work of the contractors,
negotiating performance metrics and
monitoring the contracted work as it goes
along to make sure it meets deadlines and
standards and includes all of the
contractually specified features. In Iraq,
however, the U.S. government chose a
contracting approach in which the
negotiation and oversight roles normally
fulfilled by government agencies alone are
being carried out by "program management"
contractors—private companies, in other
words—working with the U.S. Army Corps of
Engineers and other government officials.
Meanwhile, the role fulfilled in a typical
contract by a prime contractor is being
carried out in Iraq by a "design-build"
contractor. Design-build contractors are
concerned with the big picture and usually
hire subcontractors to do specific tasks,
like construction or detailed design.
The arrangement has been criticized for
shifting some of the responsibility for
oversight and accountability to private
companies, for adding another costly layer
of contracting, and for opening up
opportunities for conflicts of interest when
contractors find themselves supervising
companies they must cooperate with—or even
be supervised by—elsewhere. But Karen
Durham-Aguilera, director of programs for
the Iraq Project and Contracting Office, one
of the main U.S. government agencies working
in Iraq, noted that two particular issues
convinced Army officials to go with the
unusual arrangement.
One was the fact that most government
workers are sent to Iraq for tours that last
only 3, 6, or 12 months. Private contractors
often stay for at least a year. So putting
private contractors in a supervisory role,
it was thought, would help foster continuity
and stability in a tumultuous environment.
Second, the expertise required of the
program managers was sometimes so esoteric,
especially in the oil-industry
reconstruction, that the necessary expertise
could not be found within the government.