Archive for the IT Contracting in Japan Category

Get Ready for the Mass Exodus of “Invited Contractors”

Posted in IT Contracting in Japan on February 23, 2008 by fcbcfe

A source was good enough to provide a copy of the orders issued to the US Military personnel stationed in Okinawa. In addition, these orders are also in effect for non military:specifically “Invited contractors”. Subject to loss of job and forcibly ejected from the country of Japan at the contractors own expense. Read on!!

PTTUZYUW RHSSXYZ0001 0510558-UUUU–RHSSSUU.

ZNR UUUUUP 200545Z FEB 08

FM COMNAVFORJAPAN YOKOSUKA JA(UC)

TO NAVFORJAPANAL NAVFORJAPAN

INFO COMSEVENTHFLTCOMNAVFORJAPAN YOKOSUKA JACOMPACFLT PEARL HARBOR HIZEN/COMUSJAPAN YOKOTA ABZEN/COMMARCORBASESJAPAN CP BUTLER JPBT

UNCLASUNCLASMSGID/GENADMIN/COMNAVFORJAPAN//SUBJ/PERIOD OF REFLECTION FOR US NAVY PERSONNEL// REF/A/MSG/COMUSJAPAN/191024Z FEB 08// REF/B/MSG/COMMARCORBASESJAPAN/191238Z FEB 08// AMPN/REF A IS USFJ GUIDANCE FOR FRIDAY 22 FEB JAPAN-WIDE DIRECTED DAY OF REFLECTION AND STAND DOWN. REF B IS COMMARCORBASEJAPAN PERIOD OF REFLECTION.// RMKS/1. TAKE REF A FORAC APPLICABLE TO ALL USN FORCES IN JAPAN. THE BELOW MESSAGE, REF B, IS APPLICABLE TO U.S. NAVY PERSONNEL WITH THE FOLLOWING CLARIFICATIONS.

A. REF B APPLIES TO ALL U.S. NAVY PERSONNEL, INCLUDING DOD CIVILIANS, DOD INVITED CONTRACTORS, AND THEIR RESPECTIVE FAMILY MEMBERS WHO ARE STATIONED, TEMPORARILY ASSIGNED, TRANSITING THROUGH OR ON LEAVE IN OKINAWA, CAMP FUJI, OR IWAKUNI. THIS IS A LAWFUL GENERAL ORDER AND AS SUCH VIOLATION OF THIS ORDER BY U.S. NAVY PERSONNEL MAY RESULT IN PUNISHMENT UNDER THE UNIFORM CODE OF MILITARY JUSTICE. FAILURE TO COMPLY BY DOD CIVILIANS, DOD INVITED CONTRACTORS AND THEIR RESPECTIVE FAMILY MEMBERS COULD RESULT IN THE APPLICATION OF THE FULL RANGE OF ADMINISTRATIVE SANCTIONS UP TO AND INCLUDING LOSS OF COMMAND SPONSORSHIP AND DEBARMENT.B. FOR U.S. NAVY PERSONNEL, INCLUDING DOD CIVILIANS, DOD INVITED CONTRACTORS, AND THEIR RESPECTIVE FAMILY MEMBERS, THE PERIOD OF REFLECTION WILL REMAIN IN EFFECT UNTIL 25 FEBRUARY 2008 AT WHICH TIME IT WILL BE REVIEWED TO DETERMINE THE NEED FOR FURTHER APPLICATION. RADM KELLY SENDS.

QUOTE

P 191238Z FEB 08

FM COMMARCORBASESJAPAN CP BUTLER JP

TO CG III MEFCG MCB CAMP BUTLER JPCG 1ST MAWCG 3RD MARDIVNAVHOSP OKINAWA JACPCOM CAMP GONSALVES JP31ST MEUMCAS FUTENMA JPCPCOM CAMP KINSER JPCPCOM CAMP SCHWAB JPCPCOM CAMP FOSTER JPCPCOM CAMP COURTNEY JPCG 3D MLGHQSVCBN BUTLER JPMCAS IWAKUNI JPCOMFLEACT OKINAWA JAHQBN CAMP FUJI JPCPCOM CAMP HANSEN JP

INFO COMMARCORBASESJAPAN CP BUTLER JPCG MCB CAMP BUTLER JP G-2MSGID/GENADMIN/OKINAWA AREA COORDINATOR// SUBJ/PERIOD OF REFLECTION//

POC/FRANKLIN, M.R./COL/CHIEF, OAFO/-/TEL: DSN 645-7406/ WRIGHT, J.C./COL/COMMAND INSPECTOR GENERAL, MCBJ/DSN: 645-1224/CELL: 090-6861 -5052//RMKS/1. THIS IS AN OKINAWA BASED U.S. ARMY, U.S. MARINE CORPS, AND U.S. AIR FORCE COORDINATED MESSAGE.2. SITUATION: TO ENSURE ALL STATUS OF FORCES AGREEMENT (SOFA) STATUS PERSONNEL UNDERSTAND THEIR ROLES AS AMBASSADORS OF THE UNITED STATES IN JAPAN. AS THE OKINAWA AREA COORDINATOR, I AM DIRECTING ALL SOFA STATUS PERSONNEL TO OBSERVE A PERIOD OF REFLECTION, LIMITING OFF -BASE ACTIVITIES OF A PERSONAL AND RECREATIONAL NATURE.3. MISSION: EFFECTIVE 0730, 20 FEB 2008, ALL SOFA STATUS PERSONNEL PERMANENTLY OR TEMPORARILY ASSIGNED TO OKINAWA, CAMP FUJI, AND IWAKUNI, JAPAN, OR WHO ARE TRANSITING THROUGH THESE LOCATIONS IN A TAD/TDY/LEAVE STATUS, WILL OBSERVE A PERIOD OF REFLECTION UNTIL FURTHER NOTICE.4. COMMANDER*S INTENT: MY INTENTION IS TO UTILIZE THE TIME WITHIN THIS PERIOD OF REFLECTION TO REVIEW ALL APPROPRIATE PLANS, PROCEDURES, ORDERS AND REGULATIONS GOVERNING THE CONDUCT OF ALL SOFA STATUS PERSONNEL SERVING IN OKINAWA, CAMP FUJI, AND IWAKUNI, JAPAN. RECENT HIGHLY REPORTED INCIDENTS INVOLVING U.S. SERVICE PERSONNEL SERVING IN JAPAN WARRANT MEASURES BE TAKEN UNTIL SUCH TIME AS TO BRING AN INCREMENTAL RETURN TO A MORE NORMAL STATE OF AFFAIRS. I NEED LEADERS AT ALL ECHELONS IN ALL SERVICES TO HELP REINFORCE WHAT THE VAST MAJORITY DO WELL AS FORWARD SERVING AMBASSADORS OF AMERICA, WHILE WE COLLECTIVELY POLICE OUR RANKS TO IDENTIFY THOSE FEW INDIVIDUALS WHO WOULD DESTROY OUR GOOD STANDING AND REPUTATION WITH THE JAPANESE PEOPLE. I FULLY INTEND TO DEMONSTRATE OUR COMMITMENT TO EXEMPLARY COMMUNITY RELATIONS THAT APPROPRIATELY CAPTURE THE PROFESSIONALISM AND GOOD WILL OF THE AMERICAN PEOPLE. THANK YOU FOR YOUR UNDERSTANDING AND PATIENCE DURING THESE DIFFICULT TIMES. YOUR OVERWHELMINGLY SUPERB BEHAVIOR AND EXEMPLARY CONDUCT IS NOT LOST ON ANY OF YOUR LEADERS WHO REMAIN INTENSELY PROUD OF YOUR SERVICE AND PATRIOTISM. THANK YOU FOR ALL YOU DO AND FOR BEING WHO YOU ARE.4.A. CONCEPT OF OPERATIONS: ALL SOFA STATUS PERSONNEL MOVEMENTS ARE LIMITED TO THE FOLLOWING:

PLACE OF DUTY

PLACE OF EMPLOYMENT

PLACE OF WORSHIP

PLACE OF EDUCATION

PLACE OF MEDICAL, DENTAL, VETERINARY TREATMENT AIRPORTS (FOR THE PURPOSE OF PICKING UP OR DROPPING OFF PASSENGERS OR FOR AUTHORIZEDTRAVEL)

ALL ON-BASE FACILITIES TO TRANSIT BETWEEN ONE*S AUTHORIZED RESIDENCE, INCLUDING OFF-BASE HOUSING, AND ANY DEPARTMENT OF DEFENSE (DOD) INSTALLATION VIA PRIVATELY OWNED VEHICLES, MILITARY SUPPORTED TRANSPORTATION, AND COMMERCIAL TAXI.CURRENTLY SCHEDULED COMMUNITY RELATIONS PROJECTS 4

.B. COORDINATING INSTRUCTIONS:EXCEPTIONS TO THIS POLICY ARE DELEGATED TO THE O-6 LEVEL COMMANDERS TO APPROVE PRE-EXISTING AND PRE-REGISTERED OBLIGATIONS OR SPECIAL EVENTS ON A CASE-BY-CASE BASIS.5. ADMINISTRATION AND LOGISTICS: COMMANDERS ARE REQUIRED TO DISSEMINATE THIS MESSAGE TO ALL SOFA STATUS PERSONNEL. POC ARE COLONELS MARK R. FRANKLIN/CHIEF, OAFO/DSN: 645-7406 AND JOHN C. WRIGHT/COMMAND INSPECTOR GENERAL,MCBJ/DSN: 645-1224/CELL: 090-6861 -5052.6. COMMAND AND SIGNAL: *SOFA STATUS PERSONNEL* INCLUDES ALL UNITED STATES ARMED FORCES PERSONNEL, DOD CIVILIANS, DOD INVITED CONTRACTORS, AND THEIR RESPECTIVE FAMILY MEMBERS.6.A. THIS IS A PUNITIVE ORDER AND AS SUCH VIOLATION OF THIS ORDER BY ARMED FORCES PERSONNEL CAN RESULT IN PUNISHMENT UNDER THE UNIFORM CODE OF MILITARY JUSTICE. ALL OTHER SOFA STATUS PERSONNEL INCLUDING FAMILY MEMBERS ARE REMINDED THEY ARE SUBJECT TO THE FULL RANGE OF ADMINISTRATIVE SANCTIONS INCLUDING LOSS OF COMMAND SPONSORSHIP AND DEBARMENT.

LTGEN ZILMER SENDS.//END QUOTE.//BT#0001NNNN

The top half is from Rear Admiral James Kelly, basically reiterating what LT GEN Zilmer actually put out as a general punitive order. And as you can see this new “extreme” order was intending to restrict civilians as well.Meaning Civilian employees of the DoD, their families, and Civilian employees of US coporations under contract to perform services in Japan for the DoD. Debarment is a veiled threat to civilians who obviously do not fall under military jurisdiction. The threat of removal of SOFA status from the contractor and DoD civilains and their families. What that means for those reading this who are not in the “know” it means, if you don’t do as the General says, you will lose your job and be sent back to the US unemployed. In Japan, your work-visa is tied to your SOFA status. SOFA status in Japan for US citizens in the military, and civilians who either work directly for the DoD or work for US Corporations under contract to provide technical support to the military overseas.

Note: No Contracting company under contract with the DoD in Japan holds a contract with any article or phrase or contain words stating that they and their employees will comply with any and all commands, orders and instructions issued by the US Military. No one has signed away their civil rights. Only during a national crisis would said orders be legal. The contractors/civilians are not in a war zone nor are they in a terrorist threat environment. This called BLACKMAIL. Either the Contracting companies’ employees will comply with what ever rules the military commanders issue or civilian contractor’s ability to stay in Japan (and therefore their job) will be jepordized.

It is as though your employer (Boss) decides that he/she wants to curb any possiblity of you (the employee) from comitting a crime or generally embarassing the company while not on the job. The Boss says, “I want you to stay at home when not at work, or shop where I tell you to shop. Your off time is determined by me”. And to enforce this the employer holds your job over head and threatens to fire you for non-compliance. In effect, thats what the US Military is doing in Okinawa. Because if you don’t agree with the order and frankly find it offensive to your civil liberties and then try to ignore or disobey the order, you’ll have your SOFA status removed in the form of “Debarment”. Well without SOFA your fired. Since SOFA is required by the Military in order to be employed as a contractor for the US Military in Japan. Welcome to cilivian tax payer funded federally owned military bases where the Constitution does not apply and everybody without being duly enlisted in the military fall under the UCMJ-Uniform Code of Miltiary Justice.

What’s in a contract anyway

Posted in Computing in Marine Speak, Dealing with our Customer the Navy, IT Contracting in Japan, Thoughts in General on February 19, 2008 by fcbcfe

Anyone been asked to clean a toilet at work? Lord! Just asking. I know it’s an extreme case. But back in the US a contract employer has clear and defined roles for its employees and the client understands this or puts it on the agenda at contract negotiation time. But in the Far East, a contract seems to be far more flexible than that. At least from the US civilian stand point. Don’t get me wrong. Master Labor Contract workers MLCs are under a similar contract with the military, but it seems that the Japanese government is a little better at holding the Navy and the US military to the letter of the law in reference to what can be asked of a MLC. But recruit a US citizen over to Japan and once they arrive they find that though their employer has not misled them, it seems that the Navy has. Maybe it’s because they (the client) is allowed to get away with it for lack of accountability being applied to them. But it seems that whatever the Navy asks of its US contractor is pretty much assumed to be implied in the current contract in what is defined as their purview. Bill and Steve maybe asked to help move large cabinets, or mop and wax a floor in the work place all depending on what mood the GS is in or how cheeky they feel. All the while forgetting that the civilians are not covered by any program of self-insurance the military has in place to cover its service-members. What if Bill slips and falls and that heavy cabinet he was asked to move crashes on him. Good thing there’s a military hospital down the street with Emergency surgical care. But who pays the cost? His group insurer? The Military? The Civilian Employer? Or lastly the GS who asked for the job to be done without prior permission or authority granted from their employer the US Military. Sure some are reading this and say. The military isn’t going to pay. HUH? We are contractors (civilians) not unformed military. Yes, we can and do sue every day. The Military branch involved will investigate and pay really quick to head off that bad publicity and scandal. Commanding Officers get relieved around the world for far less. But do they know? Maybe not! Do they know of the liabilities created under their command without their prior knowledge? Most probably not! But when that CO doesn’t have more than 20-30 military and over 100 civilians in their command or unit.  And when the CO is told that 10 offices with over 4000 pounds of furniture was being moved from one building to another,  do you think they ask at the meeting, who is providing the labor? Or what’s our liability on this? And what happened if the 100 or so civilians refuse to be the mules for this adventure? Who will hold the military and the contracting company accountable if dismissals take place?

     It’s like speeding to work each day. You do it because well, you’ve been getting away with it all these months and who cares? The police don’t! You don’t see them out there stopping you. So you keep doing it knowing it’s dangerous and somebody might get hurt SOMEDAY. Then one day SOMEDAY comes and you or someone else gets hurt! Why? Because you couldn’t plan ahead and provide yourself enough time to get to work.

It’s the same thing here. For lack of planning and budgeting someone will get hurt performing a task that they are not properly equipped, trained and or authorized to do. Someone, God forbid will get hurt (statistically) because there simply isn’t enough military at each command or unit to perform all these tasks. So some contractor for fear of dismissal will jump in and help and then slip and fall, maybe have something fall on them. And the boom will come down on all those in management who let it happen. Yes, the military will pay for lack of planning as they do in prosecuting their wars. Yes, they will pay for some poor slubs broken leg, pain and suffering all because the same poor slub wanted to show that he was part of the team.