Customs and Border Protection Halts Background Checks Over Security Concerns

    The Department of Homeland Security (DHS) recently suspended all background investigations on current and prospective Customs and Border Protection (CBP) employees due to security concerns over Personally Identifiable Information (PII). At least five sole-source, no-bid contracts of "unusual and compelling urgency" totaling almost a half million dollars were awarded to various information technology vendors at the end of September.
    Although the justification documents for the contracts state that the awards were "not the result of a lack of planning," the contracts' sole-source, no-bid nature was justified because "[t]ime and urgency did not allow for soliciting multiple sources." CBP halted all background investigations until security upgrades are completed:

        The five upgrade contracts were awarded in Colorado, Virginia, Indiana, Maryland, and New Mexico. According to the documents, the need for the upgrade is the result of "a requirement for increased security standards for background investigation contractors accessing Personally Identifiable Information." No source is cited for the "requirement for increased security standards":

    The BPA referenced in the document covers at least 47 transactions stretching back to 2009 totaling $53 million for background investigations for the CBP. Market research, usually a requirement for government contracts, was not done in the case of the security enhancements because, per the government documents, only the selected vendors can conduct the upgrades due to the systems' proprietary nature. Without the upgrades, use of the systems would have to be discontinued.
    It is not clear if the CBP has resumed background checks yet. An email to the CBP requesting an answer to that question and clarification on other issues has been acknowledged by a CBP media representative but a response to the inquiries has not yet been forthcoming.

UPDATE: Although KeyPoint Government Solutions is the vendor shown in the screenshots above, KeyPoint is only one of five vendors involved in the upgrades. The other four are Omniplex World Services Corp., CSC Systems & Solutions LLC, MSM Security Services LLC, and ADC LTD NM.


Note: A version of this post first appeared at The Weekly Standard.

Feds to Spend $500,000 for New Art at Customs and Border Protection Facility in San Diego

    The "busiest land port of entry in the Western Hemisphere" is getting an upgrade, and according to the U.S. General Services Administration (GSA), about a half a million dollars worth of new artwork will be part of the package. The San Ysidro Land Port of Entry, the border crossing facility for the San Diego-Tijuana region, has been undergoing a $735 million modernization project spanning more than a decade. Since Phase Three of the project is included in President Obama's fiscal 2015 budget, the GSA has begun soliciting contractors, and that includes artists who will be commissioned to provided approximately $500,000 in new artwork for the new buildings.

GSA will modernize and expand the San Ysidro Land Port of Entry to better meet the needs of its tenants: U.S. Customs and Border Protection, Immigration and Customs Enforcement, U.S. Border Patrol, and the U.S. Department of Agriculture. The project entails the phased reconfiguration and expansion of the existing facility to improve pedestrian and vehicular processing, increase operational efficiency, provide greater officer and public safety, decrease operational and maintenance costs, and improve the traveler's experience of crossing the border. The full build-out consists of the demolition and construction of the new port, including primary and secondary inspection areas, administration building, pedestrian building, and other supporting structures... 

GSA allocates one-half of one percent of the estimated construction costs of new or modernized federal buildings for art commissions. The art budget for Phase 3 of the San Ysidro Land Port of Entry project is estimated at $500,000. One or more artists will be awarded a fixed-price contract for a commission.

     The plan for the San Ysidro facility is in keeping with the GSA's Art in Architecture program, in which one-half of one percent of the construction costs for new federal buildings is budgeted for artwork. The GSA's website describes the program:

GSA reserves one-half of one percent of the estimated construction cost of each new federal building to commission project artists. A panel composed of art professionals, civic and community representatives, the project’s lead design architect, and GSA staff meets to discuss opportunities for artists to participate in the building project. This panel reviews a diverse pool of artist candidates and nominates finalists for GSA to evaluate. Artists who receive federal commissions work with the project architects and others as members of a design team to ensure that the artworks are meaningfully integrated into the overall project.

    The GSA provides Alexander Calder's sculpture Flamingo (1974) at the John C. Kluczynski Federal Building in Chicago as an example:

    Artists have until October 6 to register to be considered for the San Ysidro project. Phase Three of the project is expected to be completed in January 2018. About 50,000 northbound vehicles and 25,000 northbound pedestrians cross the border through the facility each day.


Note: A version of this article first appeared at The Weekly Standard.

Customs & Border Protection Shifted $7M From Border Fence to Salaries

    As sequestration bore down in February 2013, the threat of furloughs for thousands of government workers was a common refrain from those warning of the dire effects of the across the board budget cuts.  Janet Napolitano, then-director of the Department of Homeland Security (DHS) told Rep. Bennie Thompson in a letter that sequestration could force her department to idle law enforcement personnel for up to 14 days.  As it turned out, DHS did not furlough any personnel, but rather relied on cuts to other areas and shifting funds from other budgets to cover salaries.  For instance, Customs and Border Protection (CBP) shifted $7 million from its Border Security Fencing account to Salaries and Expenses.
    The details are spelled out in a new wide-ranging report by the Government Accountability Office (GAO) on how 23 different agencies and their various departments handled sequestration.  The CBP's actions were explained as follows:

DHS reported that 7 of its 15 components planned up to 22 furlough days for employees in 2013. For example, in February 2013, DHS's Customs and Border Protection (CBP) notified employees of the possibility of 14 furlough days, but ultimately required no furlough days. According to agency officials, CBP was able to avert furloughs in part because the agency transferred $7 million from its Border Security Fencing Infrastructure and Technology accounts to its Salaries and Expenses account and reprogrammed at least $69 million between various PPAs within the Salaries and Expenses account.

    DHS was not alone in avoiding furloughs.  Of the 23 agencies reviewed in the GAO report, only seven ended up utilizing furloughs to achieve the needed cuts, affecting about 770,000 employees from 1 to 7 days.  The Department of Defense (DOD) reported the lion's share of the furloughs, accounting for 88%, or $1.2 billion, of the dollars saved by the federal government via furloughs.  Of the 774,366 workers impacted by furloughs, 82% worked for the DOD.
    Overall, furloughing employees was one of the least utilized means of achieving the cuts required by sequestration.  The report detailed the more common methods: "19 agencies reported curtailing hiring; 16 reported rescoping or delaying contracts or grants for core mission activities; 19 reported reducing employee training; and 20 reported reducing employee travel."
    The GAO produced an infographic as part of its report, which includes this summary of the primary methods that agencies used to cut the $80.5 billion that was ultimately required:

    The GAO recommended that agencies publish the criteria used to determine how sequestration was implemented and how exemptions were determined, and also how the principles used to make decisions in 2013 could be applied to future sequestrations should the occasion arise.


Note: A version of this post first appeared at The Weekly Standard.