FROM: COMMODITY FUTURES TRADING COMMISSION
CFTC’s Division of Swap Dealer and Intermediary Oversight Issues Advisory Concerning Commodity Trading Advisors and Swaps
Washington, DC — The U.S. Commodity Futures Trading Commission’s (CFTC or Commission) Division of Swap Dealer and Intermediary Oversight (DSIO) today issued an advisory that provides guidance regarding requirements imposed on commodity trading advisors (CTAs) resulting from the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).
The Dodd-Frank Act amended the statutory definition of CTA to include any person who engages in the business of advising others on swaps. Additionally, certain CTAs who were previously exempt from registration with the CFTC are now required to register because of the CFTC’s rescission of Commission Regulation 4.13(a)(4) and amendments to Commission Regulation 4.5. As a result, provisions of the Commodity Exchange Act (CEA) and CFTC regulations applicable to CTAs might, depending on the circumstances, result in new advisory obligations.
This advisory provides guidance on the potential new advisory obligations of CTAs arising from the Dodd-Frank Act. It also informs the newly expanded class of CTAs and those previously exempt CTAs as to the general regulatory framework, including: (1) provisions of the CEA and CFTC regulations applicable generally to CTA activities; (2) CTA advisory obligations with respect to swap risk disclosures; and (3) requirements relevant to CTAs that advise Special Entities on swap transactions.
Monday, December 30, 2013
CFTC, MONETARY AUTHORITY OF SINGAPORE AGREE TO BETTER REGULATE CROSS-BORDER ENTITIES
FROM: COMMODITY FUTURES TRADING COMMISSION
December 27, 2013
U.S. Commodity Futures Trading Commission and Monetary Authority of Singapore Sign Memorandum of Understanding to Enhance Supervision of Cross-Border Regulated Entities
Washington, DC – Today, leaders of the U.S. Commodity Futures Trading Commission (Commission) and the Monetary Authority of Singapore (MAS) signed a Memorandum of Understanding (MOU) regarding cooperation and the exchange of information in the supervision and oversight of regulated entities that operate on a cross-border basis in the United States and Singapore.
Through the MOU, the Commission and MAS express their willingness to cooperate with each other in the interest of fulfilling their respective regulatory mandates regarding derivatives markets. The scope of the MOU includes markets and organized trading platforms, central counterparties, trade repositories, and intermediaries, dealers, and other market participants.
The MOU was signed by Commission Chairman Gary Gensler and MAS Deputy Managing Director, Financial Supervision, Ong Chong Tee.
December 27, 2013
U.S. Commodity Futures Trading Commission and Monetary Authority of Singapore Sign Memorandum of Understanding to Enhance Supervision of Cross-Border Regulated Entities
Washington, DC – Today, leaders of the U.S. Commodity Futures Trading Commission (Commission) and the Monetary Authority of Singapore (MAS) signed a Memorandum of Understanding (MOU) regarding cooperation and the exchange of information in the supervision and oversight of regulated entities that operate on a cross-border basis in the United States and Singapore.
Through the MOU, the Commission and MAS express their willingness to cooperate with each other in the interest of fulfilling their respective regulatory mandates regarding derivatives markets. The scope of the MOU includes markets and organized trading platforms, central counterparties, trade repositories, and intermediaries, dealers, and other market participants.
The MOU was signed by Commission Chairman Gary Gensler and MAS Deputy Managing Director, Financial Supervision, Ong Chong Tee.
NSC SPOKESPERSON HAYDEN ISSUE'S STATEMENT ON TALKS IN NORTHERN IRELAND
FROM: U.S. WHITE HOUSE
December 29, 2013
Statement by NSC Spokesperson Caitlin Hayden on the All-Party Talks in Northern Ireland
Talks led by independent chair Richard Haass with the five parties of the Northern Ireland Executive have reached a critical juncture. The goal has been and remains to reach agreement before the end of the year on new arrangements for parading, flags, and contending with the legacy of past violence.
Initiating these talks demonstrated the commitment of the parties and people of Northern Ireland to move forward on tough issues. We are confident that a solution can be reached if there is political will on all sides.
We call upon the leadership of the five parties to make the compromises necessary to conclude an agreement now, one that would help heal the divisions that continue to stand between the people of Northern Ireland and the future they deserve.
December 29, 2013
Statement by NSC Spokesperson Caitlin Hayden on the All-Party Talks in Northern Ireland
Talks led by independent chair Richard Haass with the five parties of the Northern Ireland Executive have reached a critical juncture. The goal has been and remains to reach agreement before the end of the year on new arrangements for parading, flags, and contending with the legacy of past violence.
Initiating these talks demonstrated the commitment of the parties and people of Northern Ireland to move forward on tough issues. We are confident that a solution can be reached if there is political will on all sides.
We call upon the leadership of the five parties to make the compromises necessary to conclude an agreement now, one that would help heal the divisions that continue to stand between the people of Northern Ireland and the future they deserve.
A CHRISTMAS EVE SELFIE IN SPACE
Astronaut Mike Hopkins on Dec. 24 Spacewalk
On Dec. 24, 2013, NASA astronaut Mike Hopkins, Expedition 38 Flight Engineer, participates in the second of two spacewalks, spread over a four-day period, which were designed to allow the crew to change out a degraded pump module on the exterior of the Earth-orbiting International Space Station. He was joined on both spacewalks by NASA astronaut Rick Mastracchio, whose image shows up in Hopkins' helmet visor.
The pump module controls the flow of ammonia through cooling loops and radiators outside the space station, and, combined with water-based cooling loops inside the station, removes excess heat into the vacuum of space. Image Credit: NASA
"FORCE MANAGEMENT PROGRAMS NECESSARY..."
FROM: U.S. AIR FORCE
Force management programs necessary despite budget deal/ Published December 23, 2013
WASHINGTON (AFNS) -- Despite a congressional budget deal that lessens the impact of sequestration on the Air Force, it doesn’t go far enough to halt actions to shrink the service, senior service officials said.
Under Secretary of the Air Force Eric Fanning and Gen. Mark A. Welsh III, the Air Force chief of staff, said that even with some relief from sequestration, the service will still have to reduce its force structure and sacrifice modernization and readiness.
How this occurs will affect what the service will look like in 2023, when sequestration ends, they said.
The proposed budget deal making its way through Congress would mitigate some near-term readiness problems, Welsh said, and Air Force leaders will put any money Congress approves beyond sequestration into training and maintenance accounts.
The budget agreement, which was months in the making, eases spending caps for the next two fiscal years while softening the impact of across-the-board spending cuts, known as the sequester, on defense and non-defense programs.
Overall, the agreement calls for more than $20 billion in deficit reduction.
Still, Welsh said, this doesn’t change the long-term picture, noting that sequestration poses a dilemma for the Air Force. Does the service choose to keep near-term readiness high at the expense of force modernization, or vice versa?
“That’s the balance we’re trying to walk,” the general said.
One example of this conundrum is the close air support mission. The Air Force is studying proposals on how best to carry out this core mission, the general said. One proposal would eliminate the A-10 Thunderbolt II close air support aircraft -- the aircraft Welsh flew as a young pilot.
If money were no object, the A-10 would be a great platform to retain, the general said. But money is tight, he noted, and will be tighter.
“To pay our $12 billion-a-year bill toward sequestration, we have got to find savings in big chunks,” Welsh said. “That’s the problem. And that's what all these discussions are based on. It's not about a specific platform. It's about balancing the mission sets.”
The general said other aircraft -- F-16 Fighting Falcons, B-1 Lancers and B-52 Stratofortresses -- provide roughly 75 percent of the close air support in Afghanistan today.
“We have a lot of airplanes that can perform that mission and perform it well,” he said. “Those other aircraft do other things for us.”
The Air Force ultimately will replace the A-10 with the F-35 Lightning II joint strike fighter, Welsh said.
“That plan hasn’t changed,” he added.
Saving money also is important, he said.
“To do that, you have to start talking about fleet divestitures, because you have to get rid of the infrastructure behind the aircraft -- the logistics tail, the supply systems, the facilities that do all the logistical support and depot maintenance, et cetera,” he said. “That's where you create big savings.”
Changing force structure also will inevitably change the service, Welsh said.
“We will have to draw down people -- both the tooth and the tail that comes with that force structure,” he said.
Personnel policies will be used to shape the force, and the service is getting these policies out to Airmen now so they can make informed decisions, Welsh said.
“We’d love to get all this done with voluntary force-shaping measures over a period of time,” he said. “If we … have to take involuntary measures, I would like everyone to have at least six months of time to talk to their family (and) to think about the impact this could have on them.”
With only operations and maintenance and investment accounts remaining for quick assessment, a profound impact to readiness could ensue.
“The Air Force was already in a 20-year readiness decline, something we were just starting to address when sequestration hit,” said Fanning, adding that the service’s size and structure doesn’t lend itself to a tiered readiness model.
“When the flag goes up, the Air Force is expected to get to the crisis rapidly," he said. "Speed is a key advantage of airpower.”
The number of Air Force squadrons equals the combatant commanders’ requirements, Fanning said, but with little or no time built into plans to bring forces up to full readiness.
“If it takes months to generate combat air power, the president loses deterrence, diplomatic influence and contingency options on which the nation has come to depend,” he said.
Fanning characterized budget compromises currently in debate on Capitol Hill as encouraging, though lower than service officials would like. The additional funds over the next two years will help cover readiness shortfalls, stability and planning, he said.
“Even with this relief, we will need to resize the Air Force to one that is smaller than it is today in order to protect investments we need for the future and to shape an Air Force that we can keep ready; we can’t do these cuts individually, ad hoc, or in isolation,” Fanning said. “If something’s restored to the budget we present to the Hill, something else will need to go.”
Still, Fanning pledged a continued commitment to helping Airmen get past the “distractions” of budget and political uncertainty.
“We will make the decisions that we can, as quickly as we can, as transparently as we can … to get the Air Force back to that ‘new normal,’” he said.
(Courtesy of Air Force Public Affairs Agency Operating Location - P)
Force management programs necessary despite budget deal/ Published December 23, 2013
WASHINGTON (AFNS) -- Despite a congressional budget deal that lessens the impact of sequestration on the Air Force, it doesn’t go far enough to halt actions to shrink the service, senior service officials said.
Under Secretary of the Air Force Eric Fanning and Gen. Mark A. Welsh III, the Air Force chief of staff, said that even with some relief from sequestration, the service will still have to reduce its force structure and sacrifice modernization and readiness.
How this occurs will affect what the service will look like in 2023, when sequestration ends, they said.
The proposed budget deal making its way through Congress would mitigate some near-term readiness problems, Welsh said, and Air Force leaders will put any money Congress approves beyond sequestration into training and maintenance accounts.
The budget agreement, which was months in the making, eases spending caps for the next two fiscal years while softening the impact of across-the-board spending cuts, known as the sequester, on defense and non-defense programs.
Overall, the agreement calls for more than $20 billion in deficit reduction.
Still, Welsh said, this doesn’t change the long-term picture, noting that sequestration poses a dilemma for the Air Force. Does the service choose to keep near-term readiness high at the expense of force modernization, or vice versa?
“That’s the balance we’re trying to walk,” the general said.
One example of this conundrum is the close air support mission. The Air Force is studying proposals on how best to carry out this core mission, the general said. One proposal would eliminate the A-10 Thunderbolt II close air support aircraft -- the aircraft Welsh flew as a young pilot.
If money were no object, the A-10 would be a great platform to retain, the general said. But money is tight, he noted, and will be tighter.
“To pay our $12 billion-a-year bill toward sequestration, we have got to find savings in big chunks,” Welsh said. “That’s the problem. And that's what all these discussions are based on. It's not about a specific platform. It's about balancing the mission sets.”
The general said other aircraft -- F-16 Fighting Falcons, B-1 Lancers and B-52 Stratofortresses -- provide roughly 75 percent of the close air support in Afghanistan today.
“We have a lot of airplanes that can perform that mission and perform it well,” he said. “Those other aircraft do other things for us.”
The Air Force ultimately will replace the A-10 with the F-35 Lightning II joint strike fighter, Welsh said.
“That plan hasn’t changed,” he added.
Saving money also is important, he said.
“To do that, you have to start talking about fleet divestitures, because you have to get rid of the infrastructure behind the aircraft -- the logistics tail, the supply systems, the facilities that do all the logistical support and depot maintenance, et cetera,” he said. “That's where you create big savings.”
Changing force structure also will inevitably change the service, Welsh said.
“We will have to draw down people -- both the tooth and the tail that comes with that force structure,” he said.
Personnel policies will be used to shape the force, and the service is getting these policies out to Airmen now so they can make informed decisions, Welsh said.
“We’d love to get all this done with voluntary force-shaping measures over a period of time,” he said. “If we … have to take involuntary measures, I would like everyone to have at least six months of time to talk to their family (and) to think about the impact this could have on them.”
With only operations and maintenance and investment accounts remaining for quick assessment, a profound impact to readiness could ensue.
“The Air Force was already in a 20-year readiness decline, something we were just starting to address when sequestration hit,” said Fanning, adding that the service’s size and structure doesn’t lend itself to a tiered readiness model.
“When the flag goes up, the Air Force is expected to get to the crisis rapidly," he said. "Speed is a key advantage of airpower.”
The number of Air Force squadrons equals the combatant commanders’ requirements, Fanning said, but with little or no time built into plans to bring forces up to full readiness.
“If it takes months to generate combat air power, the president loses deterrence, diplomatic influence and contingency options on which the nation has come to depend,” he said.
Fanning characterized budget compromises currently in debate on Capitol Hill as encouraging, though lower than service officials would like. The additional funds over the next two years will help cover readiness shortfalls, stability and planning, he said.
“Even with this relief, we will need to resize the Air Force to one that is smaller than it is today in order to protect investments we need for the future and to shape an Air Force that we can keep ready; we can’t do these cuts individually, ad hoc, or in isolation,” Fanning said. “If something’s restored to the budget we present to the Hill, something else will need to go.”
Still, Fanning pledged a continued commitment to helping Airmen get past the “distractions” of budget and political uncertainty.
“We will make the decisions that we can, as quickly as we can, as transparently as we can … to get the Air Force back to that ‘new normal,’” he said.
(Courtesy of Air Force Public Affairs Agency Operating Location - P)
SECRETARY OF DEFENSE HAGEL CALLS EGYPTIAN DEFENSE MINISTER AFTER BOMBINGS
FROM: U.S. DEFENSE DEPARTMENT
Hagel Calls Egyptian Defense Minister to Discuss Attacks
American Forces Press Service
WASHINGTON, Dec. 29, 2013 – Defense Secretary Chuck Hagel called Egyptian Minister of Defense Gen. Abdel Fattah Al-Sisi to discuss recent events in Egypt and to offer the Defense Department's assistance in investigating the attacks in Mansoura, Nasr City and Sharkiya province, Pentagon Press Secretary Navy Rear Adm. John Kirby said in a statement issued today.
Kirby's statement reads as follows:
"Secretary of Defense Chuck Hagel called Egyptian Minister of Defense General Al-Sisi today to discuss recent events in Egypt.
"Secretary Hagel expressed his condolences for the loss of life and injuries from the bombings in Mansoura, Nasr City, and Sharkiya province. The Secretary condemned the attacks and offered the assistance of the Department of Defense to help the Egyptian government investigate the attacks.
Both men discussed the balance between security and freedom, and the Secretary stressed the role of political inclusiveness in the democratic process. Secretary Hagel also expressed concerns about the political climate in advance of the constitutional referendum, including the continued enforcement of a restrictive demonstrations law.
The Secretary and Minister also discussed the desires of the Egyptian people for a civilian-led democracy, stability, and economic opportunities."
Hagel Calls Egyptian Defense Minister to Discuss Attacks
American Forces Press Service
WASHINGTON, Dec. 29, 2013 – Defense Secretary Chuck Hagel called Egyptian Minister of Defense Gen. Abdel Fattah Al-Sisi to discuss recent events in Egypt and to offer the Defense Department's assistance in investigating the attacks in Mansoura, Nasr City and Sharkiya province, Pentagon Press Secretary Navy Rear Adm. John Kirby said in a statement issued today.
Kirby's statement reads as follows:
"Secretary of Defense Chuck Hagel called Egyptian Minister of Defense General Al-Sisi today to discuss recent events in Egypt.
"Secretary Hagel expressed his condolences for the loss of life and injuries from the bombings in Mansoura, Nasr City, and Sharkiya province. The Secretary condemned the attacks and offered the assistance of the Department of Defense to help the Egyptian government investigate the attacks.
Both men discussed the balance between security and freedom, and the Secretary stressed the role of political inclusiveness in the democratic process. Secretary Hagel also expressed concerns about the political climate in advance of the constitutional referendum, including the continued enforcement of a restrictive demonstrations law.
The Secretary and Minister also discussed the desires of the Egyptian people for a civilian-led democracy, stability, and economic opportunities."
Sunday, December 29, 2013
ABBOTT LABS PAYS NEARLY $5.5 MILLION TO SETTLE PHYSICIAN KICKBACK CLAIMS
FROM: U.S. JUSTICE DEPARTMENT
Friday, December 27, 2013
Abbott Laboratories Pays U.S. $5.475 Million to Settle Claims That Company Paid Kickbacks to Physicians
Abbott Laboratories has agreed to pay the United States $5.475 million to resolve allegations that it violated the False Claims Act by paying kickbacks to induce doctors to implant the company’s carotid, biliary and peripheral vascular products, the Justice Department announced today. Abbott is a global pharmaceuticals and health care products company based in Abbott Park, Ill.
“Patients have a right to treatment decisions that are based on their own medical needs, not the personal financial interests of their health care providers,” said Assistant Attorney General Stuart F. Delery of the Civil Division of the Department of Justice. “Kickbacks undermine the ability of health care providers to objectively evaluate and treat their patients, and will continue to be a primary focus of the Department’s health care enforcement efforts.”
The settlement resolves allegations that Abbott knowingly paid prominent physicians for teaching assignments, speaking engagements and conferences with the expectation that these physicians would arrange for the hospitals with which they were affiliated to purchase Abbott’s carotid, biliary and peripheral vascular products. As a result, the United States alleged Abbott violated the Anti-Kickback Act and caused the submission of false claims to Medicare for the procedures in which these Abbott products were used.
“Physicians should make decisions regarding medical devices based on what is in the best interest of patients without being induced by payments from manufacturers competing for their business,” said U.S. Attorney Bill Killian of the Eastern District of Tennessee.
“Offering financial inducements can distort health care decision-making,” said Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “OIG and our law enforcement partners vigilantly protect government health programs from such alleged abuses.”
Carotid and peripheral vascular products are used to treat circulatory disorders by increasing blood flow to the head and various parts of the body, respectively. Biliary products are used to treat obstructions that occur in the bile ducts.
The settlement resolves allegations originally brought in a lawsuit filed by Steven Peters and Douglas Gray, former Abbott employees, under the qui tam provision of the False Claims Act , which allows whistleblowers to file suit on behalf of the United States for false claims and share in any recovery As part of today’s resolution, Peters and Gray will receive a total payment of more than $1 million.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $17 billion through False Claims Act cases, with more than $12.2 billion of that amount recovered in cases involving fraud against federal health care programs.
This settlement was the result of an investigation by the Justice Department’s Civil Division, the U.S. Attorney’s Offices for the Eastern District of Tennessee and the Northern District of California and the Office of Inspector General at the U.S. Department of Health and Human Services.
The lawsuit is captioned United States ex rel. Peters et al. v. Abbott Laboratories, Inc., Civil Action No. 3:09-CV-430 (E.D. Tenn.). The claims settled by this agreement are allegations only, and there has been no determination of liability.
Friday, December 27, 2013
Abbott Laboratories Pays U.S. $5.475 Million to Settle Claims That Company Paid Kickbacks to Physicians
Abbott Laboratories has agreed to pay the United States $5.475 million to resolve allegations that it violated the False Claims Act by paying kickbacks to induce doctors to implant the company’s carotid, biliary and peripheral vascular products, the Justice Department announced today. Abbott is a global pharmaceuticals and health care products company based in Abbott Park, Ill.
“Patients have a right to treatment decisions that are based on their own medical needs, not the personal financial interests of their health care providers,” said Assistant Attorney General Stuart F. Delery of the Civil Division of the Department of Justice. “Kickbacks undermine the ability of health care providers to objectively evaluate and treat their patients, and will continue to be a primary focus of the Department’s health care enforcement efforts.”
The settlement resolves allegations that Abbott knowingly paid prominent physicians for teaching assignments, speaking engagements and conferences with the expectation that these physicians would arrange for the hospitals with which they were affiliated to purchase Abbott’s carotid, biliary and peripheral vascular products. As a result, the United States alleged Abbott violated the Anti-Kickback Act and caused the submission of false claims to Medicare for the procedures in which these Abbott products were used.
“Physicians should make decisions regarding medical devices based on what is in the best interest of patients without being induced by payments from manufacturers competing for their business,” said U.S. Attorney Bill Killian of the Eastern District of Tennessee.
“Offering financial inducements can distort health care decision-making,” said Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “OIG and our law enforcement partners vigilantly protect government health programs from such alleged abuses.”
Carotid and peripheral vascular products are used to treat circulatory disorders by increasing blood flow to the head and various parts of the body, respectively. Biliary products are used to treat obstructions that occur in the bile ducts.
The settlement resolves allegations originally brought in a lawsuit filed by Steven Peters and Douglas Gray, former Abbott employees, under the qui tam provision of the False Claims Act , which allows whistleblowers to file suit on behalf of the United States for false claims and share in any recovery As part of today’s resolution, Peters and Gray will receive a total payment of more than $1 million.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $17 billion through False Claims Act cases, with more than $12.2 billion of that amount recovered in cases involving fraud against federal health care programs.
This settlement was the result of an investigation by the Justice Department’s Civil Division, the U.S. Attorney’s Offices for the Eastern District of Tennessee and the Northern District of California and the Office of Inspector General at the U.S. Department of Health and Human Services.
The lawsuit is captioned United States ex rel. Peters et al. v. Abbott Laboratories, Inc., Civil Action No. 3:09-CV-430 (E.D. Tenn.). The claims settled by this agreement are allegations only, and there has been no determination of liability.
OCO-2 SPACECRAFT TESTED IN THERMAL VACUUM CHAMBER
FROM: NASA
NASA's Orbiting Carbon Observatory (OCO)-2 spacecraft is moved into a thermal vacuum chamber at Orbital Sciences Corporation's Satellite Manufacturing Facility in Gilbert, Ariz., for a series of environmental tests. The tests confirmed the integrity of the observatory's electrical connections and subjected the OCO-2 instrument and spacecraft to the extreme hot, cold and airless environment they will encounter once in orbit. The observatory's solar array panels were removed prior to the test. OCO-2 is NASA's first mission dedicated to studying atmospheric carbon dioxide and is the latest mission in NASA's study of the global carbon cycle. Carbon dioxide is the most significant human-produced greenhouse gas and the principal human-produced driver of climate change. The mission will uniformly sample the atmosphere above Earth's land and ocean, collecting between 100,000 and 200,000 measurements of carbon dioxide concentration over Earth's sunlit hemisphere every day for at least two years. It will do so with the accuracy, resolution and coverage needed to provide the first complete picture of the regional-scale geographic distribution and seasonal variations of both human and natural sources of carbon dioxide emissions as well as the places where carbon dioxide is removed from the atmosphere and stored. Image Credit: Orbital Sciences Corporation/NASA/JPL-Caltech
FINAL JUDGEMENT ANNOUNCED IN GLOBAL EDUCATION INSIDER TRADER CASE
FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
SEC Obtains Final Judgment Against Yonghui Zhang in Global Education Insider Trading Case
The Securities and Exchange Commission announced that on December 20, 2013 it obtained a final judgment against Yonghui Zhang, the remaining defendant in an insider trading case involving the securities of Beijing-based Global Education and Technology Group, Ltd. The case, which was originally filed in the U.S. District Court in Chicago on December 5, 2011, charged eight defendants, including Zhang, with insider trading after they reaped more than $2.8 million in profits by trading in advance of a publicly announced merger between Global Education and London-based Pearson plc.
The SEC’s first amended complaint, filed on December 13, 2011, alleged that Yonghui Zhang, a Global Education employee and brother of David Zhang, CEO of Global Education, purchased 7,900 shares of Global Education on the last trading day before the merger announcement. The first amended complaint also alleged that Pearson and Global Education each announced before trading began on November 21, 2011 that Pearson agreed to acquire all of Global Education’s outstanding stock for $294 million. Global Education’s stock price increased 97 percent that day, from $5.37 to $10.60. The SEC alleged that Zhang profited by more than $40,000 from his illegal trading.
Zhang consented to the entry of a final judgment enjoining him from future violations of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, ordering Zhang to pay disgorgement of $40,494, and ordering a civil penalty against Zhang in the amount of $40,494. The relief obtained concludes the litigation in SEC v. All Know Holdings Ltd, et al.
SEC Obtains Final Judgment Against Yonghui Zhang in Global Education Insider Trading Case
The Securities and Exchange Commission announced that on December 20, 2013 it obtained a final judgment against Yonghui Zhang, the remaining defendant in an insider trading case involving the securities of Beijing-based Global Education and Technology Group, Ltd. The case, which was originally filed in the U.S. District Court in Chicago on December 5, 2011, charged eight defendants, including Zhang, with insider trading after they reaped more than $2.8 million in profits by trading in advance of a publicly announced merger between Global Education and London-based Pearson plc.
The SEC’s first amended complaint, filed on December 13, 2011, alleged that Yonghui Zhang, a Global Education employee and brother of David Zhang, CEO of Global Education, purchased 7,900 shares of Global Education on the last trading day before the merger announcement. The first amended complaint also alleged that Pearson and Global Education each announced before trading began on November 21, 2011 that Pearson agreed to acquire all of Global Education’s outstanding stock for $294 million. Global Education’s stock price increased 97 percent that day, from $5.37 to $10.60. The SEC alleged that Zhang profited by more than $40,000 from his illegal trading.
Zhang consented to the entry of a final judgment enjoining him from future violations of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder, ordering Zhang to pay disgorgement of $40,494, and ordering a civil penalty against Zhang in the amount of $40,494. The relief obtained concludes the litigation in SEC v. All Know Holdings Ltd, et al.
27 YEAR OLD TEXAS MAN CHARGED WITH FEDERAL HATE CRIME FOR BREAKING JAW OF 79-YEAR-OLD AFRICAN AMERICAN MAN
FROM: U.S. JUSTICE DEPARTMENT
Thursday, December 26, 2013
Texas Man Charged with Federal Hate Crime for Punching and Breaking Jaw of 79-year-old African American Man
Conrad Alvin Barrett, 27, has been charged with a federal hate crime related to a racially-motivated assault of a 79-year-old African American man, announced Acting Assistant Attorney General Jocelyn Samuels of the Civil Rights Division along with U.S. Attorney Kenneth Magidson of the Southern District of Texas and Special Agent in Charge Stephen L. Morris of the FBI.
“Hate crimes tear at the fabric of entire communities,” said Acting Assistant Attorney General Samuels. “As always, the Civil Rights Division will work with our federal and state law enforcement partners to ensure that hate crimes are identified and prosecuted, and that justice is done.”
The criminal complaint was filed under seal Dec. 24, 2013, and unsealed today upon Barrett's arrest. He is expected to make an initial appearance before U.S. Magistrate Judge Frances Stacy at 10:00 a.m. CST.
The complaint charges Barrett, of Katy, Texas, with one count of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. According to the complaint, on Nov. 24, 2013, Barrett attacked the elderly man because of the man’s race and color in what Barrett called a “knockout.”
“Suspected crimes of this nature will simply not be tolerated,” said U.S. Attorney Magidson. “Evidence of hate crimes will be vigorously investigated and prosecuted with the assistance of all our partners to the fullest extent of the law.”
Barrett allegedly recorded himself on his cell phone attacking the man and showed the video to others. The complaint alleges Barrett made several videos, one in which he identifies himself and another in which he makes a racial slur. In addition, Barrett had allegedly been working up the “courage” to play the “knockout game” for approximately a week.
The “knockout game” is an assault in which an assailant aims to knock out an unsuspecting victim with one punch. According to the complaint, the conduct has been called by other names and there have been similar incidents dating as far back as 1992.
According to the complaint, Barrett comments in a video that “the plan is to see if I were to hit a black person, would this be nationally televised?” The complaint further alleges Barrett claims he would not hit “defenseless people” just moments before punching the elderly man in the face. Barrett allegedly hit the man with such force that the man immediately fell to the ground. Barrett then laughed and said “knockout,” as he ran to his vehicle and fled, according to allegations. The complaint indicates the victim suffered two jaw fractures and was hospitalized for several days as a result of the attack.
“It is unimaginable in this day and age that one could be drawn to violently attack another based on the color of their skin,” said Special Agent in Charge Morris. “We remind all citizens that we are protected under the law from such racially motivated attacks, and encourage everyone to report such crimes to the FBI.”
If convicted, Barrett faces a statutory maximum of 10 years in prison and a $250,000 fine.
The investigation was conducted by the FBI in cooperation with the Fulshear and Katy, Texas, Police Departments as well as the Drug Enforcement Administration. The case is being prosecuted by Civil Rights Division Trial Attorneys Saeed Mody and Olimpia Michel and Assistant United States Attorneys Ruben R. Perez and Joe Magliolo in cooperation with Ft. Bend County District Attorney John Healey.
A criminal complaint is merely an accusation of criminal conduct, not evidence. A defendant is presumed innocent unless proven guilty through due process of law.
Thursday, December 26, 2013
Texas Man Charged with Federal Hate Crime for Punching and Breaking Jaw of 79-year-old African American Man
Conrad Alvin Barrett, 27, has been charged with a federal hate crime related to a racially-motivated assault of a 79-year-old African American man, announced Acting Assistant Attorney General Jocelyn Samuels of the Civil Rights Division along with U.S. Attorney Kenneth Magidson of the Southern District of Texas and Special Agent in Charge Stephen L. Morris of the FBI.
“Hate crimes tear at the fabric of entire communities,” said Acting Assistant Attorney General Samuels. “As always, the Civil Rights Division will work with our federal and state law enforcement partners to ensure that hate crimes are identified and prosecuted, and that justice is done.”
The criminal complaint was filed under seal Dec. 24, 2013, and unsealed today upon Barrett's arrest. He is expected to make an initial appearance before U.S. Magistrate Judge Frances Stacy at 10:00 a.m. CST.
The complaint charges Barrett, of Katy, Texas, with one count of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. According to the complaint, on Nov. 24, 2013, Barrett attacked the elderly man because of the man’s race and color in what Barrett called a “knockout.”
“Suspected crimes of this nature will simply not be tolerated,” said U.S. Attorney Magidson. “Evidence of hate crimes will be vigorously investigated and prosecuted with the assistance of all our partners to the fullest extent of the law.”
Barrett allegedly recorded himself on his cell phone attacking the man and showed the video to others. The complaint alleges Barrett made several videos, one in which he identifies himself and another in which he makes a racial slur. In addition, Barrett had allegedly been working up the “courage” to play the “knockout game” for approximately a week.
The “knockout game” is an assault in which an assailant aims to knock out an unsuspecting victim with one punch. According to the complaint, the conduct has been called by other names and there have been similar incidents dating as far back as 1992.
According to the complaint, Barrett comments in a video that “the plan is to see if I were to hit a black person, would this be nationally televised?” The complaint further alleges Barrett claims he would not hit “defenseless people” just moments before punching the elderly man in the face. Barrett allegedly hit the man with such force that the man immediately fell to the ground. Barrett then laughed and said “knockout,” as he ran to his vehicle and fled, according to allegations. The complaint indicates the victim suffered two jaw fractures and was hospitalized for several days as a result of the attack.
“It is unimaginable in this day and age that one could be drawn to violently attack another based on the color of their skin,” said Special Agent in Charge Morris. “We remind all citizens that we are protected under the law from such racially motivated attacks, and encourage everyone to report such crimes to the FBI.”
If convicted, Barrett faces a statutory maximum of 10 years in prison and a $250,000 fine.
The investigation was conducted by the FBI in cooperation with the Fulshear and Katy, Texas, Police Departments as well as the Drug Enforcement Administration. The case is being prosecuted by Civil Rights Division Trial Attorneys Saeed Mody and Olimpia Michel and Assistant United States Attorneys Ruben R. Perez and Joe Magliolo in cooperation with Ft. Bend County District Attorney John Healey.
A criminal complaint is merely an accusation of criminal conduct, not evidence. A defendant is presumed innocent unless proven guilty through due process of law.
CFTC CHAIRMAN GENSLER SPEECH AT FAREWELL EVENT
FROM: U.S. COMMODITIES FUTURE TRADING COMMISSION
Remarks of Chairman Gary Gensler at Farewell Event
December 19, 2013
John F. Kennedy once said: “Let the public service be a proud and lively career.”
What I’ve been most struck by these last five years is how all of you – the exceptional people of the Commodity Futures Trading Commission (CFTC) really embody this sense of public service as expressed by President Kennedy.
Being with you at our last “town hall” meeting, I wish to thank all of you for welcoming me into the CFTC family these last five years.
I’d like to thank Secretary Jack Lew, Senator Elizabeth Warren, Commissioner Mark Wetjen, former Chairs Sheila Bair and Brooksley Born, and our former Director of Enforcement David Meister for your kind words.
I’m humbled to see Secretary Lew; Director of the National Economic Council and Assistant to the President for Economic Policy Gene Sperling; the Chairman of the Federal Reserve Ben Bernanke; the Chair of the Securities and Exchange Commission (SEC) Mary Jo White; the Chairman of the Federal Deposit Insurance Corporation Marty Gruenberg, the Director of the Federal Housing Finance Agency Ed DeMarco, the Chair of the National Credit Union Administration Debbie Matz, and so many others here at our town hall meeting.
In addition, it’s wonderful to welcome back seven former Chairs of this agency – in addition to Sheila and Brooksley – Jim Newsome, Mary Schapiro, Mike Dunn, Walt Lukken, and Sharon Brown-Hruska.
Five years ago, when the President was formulating his financial reform proposals, he placed tremendous confidence in this small agency, which for eight decades had overseen the futures market.
This confidence in the CFTC was well placed.
And I’m so honored that the President asked me to serve at this agency, particularly at this moment in history.
This amazingly talented staff along with Commissioners – Mike Dunn, Jill Sommers, Bart Chilton, Scott O’Malia and Mark Wetjen – has transformed a market.
As President Kennedy said, you all have much to be proud of. And no doubt, it’s been pretty darn lively.
Based on your work, bright lights of transparency now shine on the nearly $400 trillion swaps market.
You’ve made central clearing of swaps a reality and comprehensively reform the customer protection regimes in our markets.
You brought oversight to the world’s largest swap dealers.
You’ve changed the world’s conversation about LIBOR and Euribor and the real need to bring integrity to benchmark rates.
You’ve worked tirelessly to coordinate with our fellow regulators here at home and abroad.
And to boot, you’ve gotten us through five clean audits, restructured the agency, started a new Weekly Swaps Report, all while reviewing 60,000 public comments, and taking over 2,200 meetings with the public.
You’ve helped the Commission sort through over 170 Dodd-Frank actions – nearly one a week since it was signed into law.
And I want to thank you for those wonderful murderboards for the 54 congressional testimonies. More seriously, I do want to thank Congress and so many members and their staffs for their leadership on reform and supporting the efforts of this agency.
I have worked with some remarkable people in my career – when on Wall Street, at the Treasury Department, and on political campaigns.
The CFTC staff is among some of the most professional and productive that I’ve worked with in my life.
You’ve shown how when faced with real challenges – we can come together as a nation to solve them.
None of this would have been possible without the help and collaboration from others across the Administration and the regulatory community.
Thanks to the leadership of Mary Schapiro and Mary Jo White, we’ve formed a true partnership between our nation’s two market regulators.
Just to mention one of many areas of collaboration – it was no small feat for the staffs of our two agencies came together on joint definitional rules.
Financial reform would not have been possible without the leadership of Treasury and the Federal Reserve. In the wake of the nation’s worst financial crisis in 80 years, Secretary Geithner, Chairman Bernanke and their teams deserve our debt of gratitude. Looking back now, you have to wonder how they made it through their days ... livelier maybe than President Kennedy hoped for any public servant.
I particularly want to thank Secretaries Geithner and Lew, Neal Wolin, Mary Miller, Lael Brainard and Michael Barr at Treasury. In addition to Chairman Bernanke, I want to thank Dan Tarullo, Scott Alvarez and Pat Parkinson.
As the crisis was global, so too has been our reform journey. I want to give a warm thank you to Mark Carney, Governor of the Bank of England and Chairman of the Financial Stability Board; Martin Wheatley, Chief Executive of the Financial Conduct Authority; Commissioner Michel Barnier, European Commissioner for Internal Market and Services; Jonathan Faull, Director General of the European Commission; and Masamichi Kono, Vice Commissioner for International Affairs of Japan’s Financial Services Agency.
I also know how hard market participants have worked – with real costs and against deadlines – to implement reforms that truly are transforming the markets.
Looking forward, the public is very fortunate to have such talented and dedicated public servants as Mark Wetjen and, subject to Senate confirmation, Tim Massad taking the helm here at the CFTC.
Much will be in your hands my friends, and the journey will continue to evolve. Just one thing beyond the personal note I’m going to leave in the top drawer: this agency really does need more resources.
Lastly, I want to introduce and thank each one of my daughters: Anna, Lee and Isabel.
I am so proud of each of you growing up to be such beautiful and accomplished young ladies. It’s a testament to each of you that not only have you put up with me but also allowed me to devote so much time to my professional life these last five years. I know how much your mom would be beaming at the three of you today, though she certainly would be laughing a bit at your dad.
I would not be here today if it weren’t for Francesca’s encouragement to follow my dreams and to pursue public service.
Your mom and your Captain Grandpa, a Pearl Harbor survivor and appointee of President Johnson, taught us about public service.
Once again, I want to thank President Obama for the opportunity to serve at such a lively time.
And I just want tell everybody, once again, how darn proud I am of all of you.
Remarks of Chairman Gary Gensler at Farewell Event
December 19, 2013
John F. Kennedy once said: “Let the public service be a proud and lively career.”
What I’ve been most struck by these last five years is how all of you – the exceptional people of the Commodity Futures Trading Commission (CFTC) really embody this sense of public service as expressed by President Kennedy.
Being with you at our last “town hall” meeting, I wish to thank all of you for welcoming me into the CFTC family these last five years.
I’d like to thank Secretary Jack Lew, Senator Elizabeth Warren, Commissioner Mark Wetjen, former Chairs Sheila Bair and Brooksley Born, and our former Director of Enforcement David Meister for your kind words.
I’m humbled to see Secretary Lew; Director of the National Economic Council and Assistant to the President for Economic Policy Gene Sperling; the Chairman of the Federal Reserve Ben Bernanke; the Chair of the Securities and Exchange Commission (SEC) Mary Jo White; the Chairman of the Federal Deposit Insurance Corporation Marty Gruenberg, the Director of the Federal Housing Finance Agency Ed DeMarco, the Chair of the National Credit Union Administration Debbie Matz, and so many others here at our town hall meeting.
In addition, it’s wonderful to welcome back seven former Chairs of this agency – in addition to Sheila and Brooksley – Jim Newsome, Mary Schapiro, Mike Dunn, Walt Lukken, and Sharon Brown-Hruska.
Five years ago, when the President was formulating his financial reform proposals, he placed tremendous confidence in this small agency, which for eight decades had overseen the futures market.
This confidence in the CFTC was well placed.
And I’m so honored that the President asked me to serve at this agency, particularly at this moment in history.
This amazingly talented staff along with Commissioners – Mike Dunn, Jill Sommers, Bart Chilton, Scott O’Malia and Mark Wetjen – has transformed a market.
As President Kennedy said, you all have much to be proud of. And no doubt, it’s been pretty darn lively.
Based on your work, bright lights of transparency now shine on the nearly $400 trillion swaps market.
You’ve made central clearing of swaps a reality and comprehensively reform the customer protection regimes in our markets.
You brought oversight to the world’s largest swap dealers.
You’ve changed the world’s conversation about LIBOR and Euribor and the real need to bring integrity to benchmark rates.
You’ve worked tirelessly to coordinate with our fellow regulators here at home and abroad.
And to boot, you’ve gotten us through five clean audits, restructured the agency, started a new Weekly Swaps Report, all while reviewing 60,000 public comments, and taking over 2,200 meetings with the public.
You’ve helped the Commission sort through over 170 Dodd-Frank actions – nearly one a week since it was signed into law.
And I want to thank you for those wonderful murderboards for the 54 congressional testimonies. More seriously, I do want to thank Congress and so many members and their staffs for their leadership on reform and supporting the efforts of this agency.
I have worked with some remarkable people in my career – when on Wall Street, at the Treasury Department, and on political campaigns.
The CFTC staff is among some of the most professional and productive that I’ve worked with in my life.
You’ve shown how when faced with real challenges – we can come together as a nation to solve them.
None of this would have been possible without the help and collaboration from others across the Administration and the regulatory community.
Thanks to the leadership of Mary Schapiro and Mary Jo White, we’ve formed a true partnership between our nation’s two market regulators.
Just to mention one of many areas of collaboration – it was no small feat for the staffs of our two agencies came together on joint definitional rules.
Financial reform would not have been possible without the leadership of Treasury and the Federal Reserve. In the wake of the nation’s worst financial crisis in 80 years, Secretary Geithner, Chairman Bernanke and their teams deserve our debt of gratitude. Looking back now, you have to wonder how they made it through their days ... livelier maybe than President Kennedy hoped for any public servant.
I particularly want to thank Secretaries Geithner and Lew, Neal Wolin, Mary Miller, Lael Brainard and Michael Barr at Treasury. In addition to Chairman Bernanke, I want to thank Dan Tarullo, Scott Alvarez and Pat Parkinson.
As the crisis was global, so too has been our reform journey. I want to give a warm thank you to Mark Carney, Governor of the Bank of England and Chairman of the Financial Stability Board; Martin Wheatley, Chief Executive of the Financial Conduct Authority; Commissioner Michel Barnier, European Commissioner for Internal Market and Services; Jonathan Faull, Director General of the European Commission; and Masamichi Kono, Vice Commissioner for International Affairs of Japan’s Financial Services Agency.
I also know how hard market participants have worked – with real costs and against deadlines – to implement reforms that truly are transforming the markets.
Looking forward, the public is very fortunate to have such talented and dedicated public servants as Mark Wetjen and, subject to Senate confirmation, Tim Massad taking the helm here at the CFTC.
Much will be in your hands my friends, and the journey will continue to evolve. Just one thing beyond the personal note I’m going to leave in the top drawer: this agency really does need more resources.
Lastly, I want to introduce and thank each one of my daughters: Anna, Lee and Isabel.
I am so proud of each of you growing up to be such beautiful and accomplished young ladies. It’s a testament to each of you that not only have you put up with me but also allowed me to devote so much time to my professional life these last five years. I know how much your mom would be beaming at the three of you today, though she certainly would be laughing a bit at your dad.
I would not be here today if it weren’t for Francesca’s encouragement to follow my dreams and to pursue public service.
Your mom and your Captain Grandpa, a Pearl Harbor survivor and appointee of President Johnson, taught us about public service.
Once again, I want to thank President Obama for the opportunity to serve at such a lively time.
And I just want tell everybody, once again, how darn proud I am of all of you.
Saturday, December 28, 2013
DOD PHOTOS: LEAVING AFGHANISTAN
FROM: U.S. DEPARTMENT OF DEFENSE
12/26/2013
U.S. Soldiers Prepare To Leave Afghanistan
U.S. Army Master Sgt. Duane Perez, foreground, carries duffel bags and leads troops to a CH-47 Chinook helicopter as they depart Camp Phoenix in Kabul, Afghanistan, Dec. 25, 2013. Perez is assigned to the Guam Army National Guard's Company E, 1st Battalion, 294th Infantry Regiment. He also was part of Task Force Guam, which concludes its historic Operation Enduring Freedom mission. U.S. Army National Guard photo by Sgt. Eddie Siguenz.
U.S. soldiers load equipment and duffel bags onto a CH-47 Chinook helicopter on Camp Phoenix in Kabul, Afghanistan, Dec. 25, 2013. U.S. Army National Guard photo by Sgt. Eddie Siguenza.
12/26/2013
U.S. Soldiers Prepare To Leave Afghanistan
U.S. Army Master Sgt. Duane Perez, foreground, carries duffel bags and leads troops to a CH-47 Chinook helicopter as they depart Camp Phoenix in Kabul, Afghanistan, Dec. 25, 2013. Perez is assigned to the Guam Army National Guard's Company E, 1st Battalion, 294th Infantry Regiment. He also was part of Task Force Guam, which concludes its historic Operation Enduring Freedom mission. U.S. Army National Guard photo by Sgt. Eddie Siguenz.
U.S. soldiers load equipment and duffel bags onto a CH-47 Chinook helicopter on Camp Phoenix in Kabul, Afghanistan, Dec. 25, 2013. U.S. Army National Guard photo by Sgt. Eddie Siguenza.
STATEMENT: U.S.-RUSSIA BILATERAL PRESIDENTIAL COMMISSION JOINT REPORT
FROM: THE WHITE HOUSE
Statement by NSC Spokesperson Caitlin Hayden on the U.S.–Russia Bilateral Presidential Commission Joint Report
The United States of America and the Russian Federation launched the U.S.–Russia Bilateral Presidential Commission (BPC) four years ago to reaffirm our commitment to cooperation and collaboration based on shared interests. Since its creation, the Commission has embraced a whole-of-government approach to advance this goal, finding common ground on arms control and international security; fostering closer defense ties; increasing bilateral trade and investment opportunities; countering terrorism and narcotics trafficking; promoting advances in science, technology, and energy; and enhancing people-to-people and cultural ties between our societies.
Today we received from Secretary of State John Kerry the submission of the 2013 BPC Joint Report, which comprehensively highlights the Commission’s accomplishments since Spring 2012.
President Obama encourages the Commission’s working groups to deepen and expand their engagement with Russia in order to remove barriers to trade and investment, increase security, and ensure that advances in science and innovation continue. By partnering with American and Russian civil society and private enterprise, the Commission’s working groups can have an enduring impact that yields a brighter future for Russians, Americans, and people around the world.
Statement by NSC Spokesperson Caitlin Hayden on the U.S.–Russia Bilateral Presidential Commission Joint Report
The United States of America and the Russian Federation launched the U.S.–Russia Bilateral Presidential Commission (BPC) four years ago to reaffirm our commitment to cooperation and collaboration based on shared interests. Since its creation, the Commission has embraced a whole-of-government approach to advance this goal, finding common ground on arms control and international security; fostering closer defense ties; increasing bilateral trade and investment opportunities; countering terrorism and narcotics trafficking; promoting advances in science, technology, and energy; and enhancing people-to-people and cultural ties between our societies.
Today we received from Secretary of State John Kerry the submission of the 2013 BPC Joint Report, which comprehensively highlights the Commission’s accomplishments since Spring 2012.
President Obama encourages the Commission’s working groups to deepen and expand their engagement with Russia in order to remove barriers to trade and investment, increase security, and ensure that advances in science and innovation continue. By partnering with American and Russian civil society and private enterprise, the Commission’s working groups can have an enduring impact that yields a brighter future for Russians, Americans, and people around the world.
CENTRAL AFRICAN REPUBLIC VIOLENCE: REMARKS BY SECRETARY OF STATE KERRY
FROM: U.S. STATE DEPARTMENT
Violence in the Central African Republic
Press Statement
John Kerry
Secretary of State
Washington, DC
December 26, 2013
The United States is alarmed by the December 24 and 25 attacks in the Central African Republic (C.A.R.) by both Seleka and Anti-Balaka fighters against civilian populations in the capital Bangui. These attacks resulted in dozens of deaths, including several MISCA troops, and the large-scale displacement of those living in the northern part of the city.
We were deeply disturbed by the discovery on December 26 in Bangui of a mass grave containing over 20 bodies. The continued sectarian fighting only deepens the country’s wounds and makes reconciliation more difficult. The United States calls on the C.A.R. transitional authorities to immediately end the violence, end the use of torture, and investigate and prosecute all those implicated in grave human rights abuses.
The United States believes that this crisis can only be resolved through a political process that leads to fair and inclusive elections as soon as possible, but not later than February 2015, so that C.A.R. can have a legitimate government that represents the will of the people.
The United States commends the African Union-led stabilization mission in the C.A.R., MISCA, and the French forces operating as part of Operation Sangaris, for their commitment to ending the violence and establishing an environment in which a political transition to a democratically elected government can take place. We are confident the French and MISCA forces will act robustly to protect equally all civilian populations, regardless of ethnic or religious affiliation.
We call on the C.A.R. transitional authorities to take every possible step to end violence and promote reconciliation and to provide all necessary support to MISCA and French troops in their efforts to disarm both Seleka and Anti-Balaka groups and to allow for unhindered humanitarian access to those in need.
As President Obama said, “Every citizen of the Central African Republic can show the courage that’s needed right now. You can show your love for your country by rejecting the violence that would tear it apart. You can choose peace.”
Violence in the Central African Republic
Press Statement
John Kerry
Secretary of State
Washington, DC
December 26, 2013
The United States is alarmed by the December 24 and 25 attacks in the Central African Republic (C.A.R.) by both Seleka and Anti-Balaka fighters against civilian populations in the capital Bangui. These attacks resulted in dozens of deaths, including several MISCA troops, and the large-scale displacement of those living in the northern part of the city.
We were deeply disturbed by the discovery on December 26 in Bangui of a mass grave containing over 20 bodies. The continued sectarian fighting only deepens the country’s wounds and makes reconciliation more difficult. The United States calls on the C.A.R. transitional authorities to immediately end the violence, end the use of torture, and investigate and prosecute all those implicated in grave human rights abuses.
The United States believes that this crisis can only be resolved through a political process that leads to fair and inclusive elections as soon as possible, but not later than February 2015, so that C.A.R. can have a legitimate government that represents the will of the people.
The United States commends the African Union-led stabilization mission in the C.A.R., MISCA, and the French forces operating as part of Operation Sangaris, for their commitment to ending the violence and establishing an environment in which a political transition to a democratically elected government can take place. We are confident the French and MISCA forces will act robustly to protect equally all civilian populations, regardless of ethnic or religious affiliation.
We call on the C.A.R. transitional authorities to take every possible step to end violence and promote reconciliation and to provide all necessary support to MISCA and French troops in their efforts to disarm both Seleka and Anti-Balaka groups and to allow for unhindered humanitarian access to those in need.
As President Obama said, “Every citizen of the Central African Republic can show the courage that’s needed right now. You can show your love for your country by rejecting the violence that would tear it apart. You can choose peace.”
COURT ENTERS PERMANENT INJUNCTION AGAINST DAIRY FIRMS, INDIVIDUALS TO PREVENT DISTRIBUTION OF FOODS THAT CONTAIN EXCESSIVE DRUG RESIDUE
FROM: U.S. JUSTICE DEPARTMENT
Thursday, December 26, 2013
District Court Enters Permanent Injunction Against Pennsylvania-Based Dairy Firms and Individuals to Prevent Distribution of Foods That Contain Excessive Drug Residue
U.S. District Court Judge Kim R. Gibson of the Western District of Pennsylvania has entered a consent decree of permanent injunction against Metzler & Sons LLC and Pleasant View Farms Inc., the Justice Department announced today. The permanent injunction was also entered against Rodney L. Metzler, Gretchen A. Metzler, Rodney T. Metzler and Lee M. Metzler, all of whom have ownership in the firms. The permanent injunction is designed to prevent the distribution of foods that contain excessive drug residue.
The Pennsylvania firms, Metzler & Sons LLC and Pleasant View Farms Inc., own and operate several farms that sell cows for slaughter and for use as food. As set forth in the complaint filed on Dec. 18, 2013, inspections by United States Food and Drug Administration (FDA) and laboratory analyses performed by the United States Department of Agriculture (USDA) indicated that the defendants sold for slaughter for use as food dairy cows and bob veal calves that contained excessive and illegal residues of drugs in their edible tissues. According to the complaint, these inspections revealed that the defendants delivered adulterated food into interstate commerce in violation of the Federal Food, Drug and Cosmetic Act (FDCA). As set forth in the complaint, the defendants received numerous warnings from both FDA and USDA that their conduct violated the law, and despite these warnings, the defendants continued to hold animals that they sold for slaughter as food in a manner that may have rendered the animals’ edible tissues injurious to the public health.
As set forth in the complaint, levels of new animal drugs in the edible tissues of animals in amounts above the tolerances established in federal regulations pose a significant public health
risk. For example, consumers of edible animal tissues who are susceptible to antibiotics may experience severe allergic reactions as a result of ingesting food containing out-of-tolerance
antibiotic levels. Furthermore, food containing above-tolerance antibiotic levels contributes to the development of antibiotic-resistant strains of bacteria in those who eat or handle food containing residues of such drugs.
The complaint filed by the United States asked the court to permanently enjoin the firms and individual defendants from violating the FDCA. The permanent injunction entered by the court requires the firms and individual defendants to take a wide range of actions to correct their violations and ensure that they do not happen again. Among other actions, the firms must establish and implement a written record-keeping system for every animal receiving drugs to prevent the firms from selling or distributing any animals whose edible tissues contain new animal drugs in amounts above the levels permitted by law. The firms must also establish and implement a system that ensures that their use of new animal drugs conforms to the uses approved by the FDA or, for new animal drugs used in an extra-label manner, to the lawful written order of a licensed veterinarian.
“Foods that contain excessive levels of antibiotics and other drugs pose a significant risk to the public health,” said Stuart F. Delery, Assistant Attorney General for the Justice Department’s Civil Division. “Along with our partners at HHS, FDA and USDA, the Department of Justice is committed to making sure that the food on our tables is safe to eat.”
FDA recently said that it is implementing a voluntary plan with industry to phase out the use of certain antibiotics for enhanced food production. For more information on this, you can visit the FDA website at http://www.fda.gov/ForConsumers/ConsumerUpdates/ucm378100.htm .
Assistant Attorney General Delery thanked the FDA for referring this matter to the Department of Justice. Roger Gural, Trial Attorney at the Consumer Protection Branch of the Justice Department, in conjunction with Assistant U.S. Attorney David Lew in the Western District of Pennsylvania, and Christopher Fanelli, Assistant Chief Counsel for Enforcement of the Food and Drug Division, Department of Health and Human Services, brought this case on behalf of the United States.
Thursday, December 26, 2013
District Court Enters Permanent Injunction Against Pennsylvania-Based Dairy Firms and Individuals to Prevent Distribution of Foods That Contain Excessive Drug Residue
U.S. District Court Judge Kim R. Gibson of the Western District of Pennsylvania has entered a consent decree of permanent injunction against Metzler & Sons LLC and Pleasant View Farms Inc., the Justice Department announced today. The permanent injunction was also entered against Rodney L. Metzler, Gretchen A. Metzler, Rodney T. Metzler and Lee M. Metzler, all of whom have ownership in the firms. The permanent injunction is designed to prevent the distribution of foods that contain excessive drug residue.
The Pennsylvania firms, Metzler & Sons LLC and Pleasant View Farms Inc., own and operate several farms that sell cows for slaughter and for use as food. As set forth in the complaint filed on Dec. 18, 2013, inspections by United States Food and Drug Administration (FDA) and laboratory analyses performed by the United States Department of Agriculture (USDA) indicated that the defendants sold for slaughter for use as food dairy cows and bob veal calves that contained excessive and illegal residues of drugs in their edible tissues. According to the complaint, these inspections revealed that the defendants delivered adulterated food into interstate commerce in violation of the Federal Food, Drug and Cosmetic Act (FDCA). As set forth in the complaint, the defendants received numerous warnings from both FDA and USDA that their conduct violated the law, and despite these warnings, the defendants continued to hold animals that they sold for slaughter as food in a manner that may have rendered the animals’ edible tissues injurious to the public health.
As set forth in the complaint, levels of new animal drugs in the edible tissues of animals in amounts above the tolerances established in federal regulations pose a significant public health
risk. For example, consumers of edible animal tissues who are susceptible to antibiotics may experience severe allergic reactions as a result of ingesting food containing out-of-tolerance
antibiotic levels. Furthermore, food containing above-tolerance antibiotic levels contributes to the development of antibiotic-resistant strains of bacteria in those who eat or handle food containing residues of such drugs.
The complaint filed by the United States asked the court to permanently enjoin the firms and individual defendants from violating the FDCA. The permanent injunction entered by the court requires the firms and individual defendants to take a wide range of actions to correct their violations and ensure that they do not happen again. Among other actions, the firms must establish and implement a written record-keeping system for every animal receiving drugs to prevent the firms from selling or distributing any animals whose edible tissues contain new animal drugs in amounts above the levels permitted by law. The firms must also establish and implement a system that ensures that their use of new animal drugs conforms to the uses approved by the FDA or, for new animal drugs used in an extra-label manner, to the lawful written order of a licensed veterinarian.
“Foods that contain excessive levels of antibiotics and other drugs pose a significant risk to the public health,” said Stuart F. Delery, Assistant Attorney General for the Justice Department’s Civil Division. “Along with our partners at HHS, FDA and USDA, the Department of Justice is committed to making sure that the food on our tables is safe to eat.”
FDA recently said that it is implementing a voluntary plan with industry to phase out the use of certain antibiotics for enhanced food production. For more information on this, you can visit the FDA website at http://www.fda.gov/ForConsumers/ConsumerUpdates/ucm378100.htm .
Assistant Attorney General Delery thanked the FDA for referring this matter to the Department of Justice. Roger Gural, Trial Attorney at the Consumer Protection Branch of the Justice Department, in conjunction with Assistant U.S. Attorney David Lew in the Western District of Pennsylvania, and Christopher Fanelli, Assistant Chief Counsel for Enforcement of the Food and Drug Division, Department of Health and Human Services, brought this case on behalf of the United States.
LABOR DEPARTMENT SUES TO RESTORE VALUE TO AN EMPLOYEE STOCK-OWNERSHIP PLAN
FROM: U.S. LABOR DEPARTMENT
Labor Department files suit to restore losses to the Miller's Health Systems Employee Stock Ownership Plan
WARSAW, Ind —The U.S. Department of Labor has filed a lawsuit in U.S. District Court to recover losses to the Miller’s Health Systems, Inc., Employee Stock Ownership Plan. The suit alleges that PBI Bank, Inc., the trustee of the plan, authorized the purchase of company stock for $40 million, an amount far in excess of the fair market value of the stock. The suit also alleges that PBI Bank approved financing for the transaction at an excessive interest rate. Miller’s Health is a Warsaw-based company that manages long-term care and assisted-living facilities.
“Fiduciaries must act with undivided loyalty to plan participants. When it comes to ESOP stock purchases, they must ensure that the plan receives full value for its money,” said Assistant Secretary of Labor for Employee Benefits Security Phyllis C. Borzi.
An investigation by the Chicago Regional Office of the department’s Employee Benefits Security Administration focused on a September 2007 stock purchase. The suit alleges that PBI violated ERISA by imprudently and disloyally approving the purchase of stock by the plan. The suit seeks to require PBI to restore all losses suffered by the ESOP, plus interest.
At the time of the stock purchase, Miller’s Health managed 31 long-term care facilities under the name of Miller’s Mary Manor and 10 assisted living facilities under the name Miller’s Senior Living. Miller’s Health also operated Theracare, Inc., an Indiana corporation, which primarily provided physical and occupational therapy and speech-language pathology to residents in Miller’s Health facilities.
After conducting its investigation, the department concluded that, as a result of the design of the transaction and the fiduciary breaches of PBI, the stock purchase was not for the primary benefit of participants and did not promote employee ownership in Miller’s Health. As a result, the department concluded that PBI was responsible and liable for violations of the Employee Retirement Income Security Act.
The lawsuit also seeks to remove PBI as a fiduciary and service provider of the plan and to permanently bar it from serving as a fiduciary or service provider to ERISA-covered plans in the future.
As of Sept. 30, 2012, the ESOP had 2,939 participants and assets of $12,848,000.
Labor Department files suit to restore losses to the Miller's Health Systems Employee Stock Ownership Plan
WARSAW, Ind —The U.S. Department of Labor has filed a lawsuit in U.S. District Court to recover losses to the Miller’s Health Systems, Inc., Employee Stock Ownership Plan. The suit alleges that PBI Bank, Inc., the trustee of the plan, authorized the purchase of company stock for $40 million, an amount far in excess of the fair market value of the stock. The suit also alleges that PBI Bank approved financing for the transaction at an excessive interest rate. Miller’s Health is a Warsaw-based company that manages long-term care and assisted-living facilities.
“Fiduciaries must act with undivided loyalty to plan participants. When it comes to ESOP stock purchases, they must ensure that the plan receives full value for its money,” said Assistant Secretary of Labor for Employee Benefits Security Phyllis C. Borzi.
An investigation by the Chicago Regional Office of the department’s Employee Benefits Security Administration focused on a September 2007 stock purchase. The suit alleges that PBI violated ERISA by imprudently and disloyally approving the purchase of stock by the plan. The suit seeks to require PBI to restore all losses suffered by the ESOP, plus interest.
At the time of the stock purchase, Miller’s Health managed 31 long-term care facilities under the name of Miller’s Mary Manor and 10 assisted living facilities under the name Miller’s Senior Living. Miller’s Health also operated Theracare, Inc., an Indiana corporation, which primarily provided physical and occupational therapy and speech-language pathology to residents in Miller’s Health facilities.
After conducting its investigation, the department concluded that, as a result of the design of the transaction and the fiduciary breaches of PBI, the stock purchase was not for the primary benefit of participants and did not promote employee ownership in Miller’s Health. As a result, the department concluded that PBI was responsible and liable for violations of the Employee Retirement Income Security Act.
The lawsuit also seeks to remove PBI as a fiduciary and service provider of the plan and to permanently bar it from serving as a fiduciary or service provider to ERISA-covered plans in the future.
As of Sept. 30, 2012, the ESOP had 2,939 participants and assets of $12,848,000.
NEC DIRECTORS STATEMENT ON EXTENDING UNEMPLOYMENT BENEFITS
FROM: THE WHITE HOUSE
Statement from the Director of the National Economic Council Gene Sperling
As the President has repeatedly made clear, it defies economic sense, precedent and our values to allow 1.3 million Americans fighting to find jobs to see their unemployment insurance abruptly cut off -- especially in the middle of the holiday season. These are our neighbors, our community members and often fellow parents who depend on this as a temporary lifeline while they are actively looking for new jobs to support their families and make ends meet. Never before have we abruptly cut off emergency unemployment insurance when we faced this level of long-term unemployment and it would be a blow to these families and our economy.
While we remain disappointed that Congress did not heed the President's call to extend emergency unemployment benefits for next year before the holidays, the President as well as the Democratic Congressional leadership have made clear the importance of extending the benefits immediately upon Congress's return. Senator Jack Reed and Senator Heller have put forward bipartisan legislation to extend emergency unemployment insurance for three months which would prevent these 1.3 million workers and their families from losing benefits while giving more time for consideration of further extension through 2014, and Leader Reid will bring it to a vote as soon as they return. The President strongly encourages both the Democratic and Republican Congressional leadership and their members to support this bipartisan solution and to pass the Reed-Heller bill.
Statement from the Director of the National Economic Council Gene Sperling
As the President has repeatedly made clear, it defies economic sense, precedent and our values to allow 1.3 million Americans fighting to find jobs to see their unemployment insurance abruptly cut off -- especially in the middle of the holiday season. These are our neighbors, our community members and often fellow parents who depend on this as a temporary lifeline while they are actively looking for new jobs to support their families and make ends meet. Never before have we abruptly cut off emergency unemployment insurance when we faced this level of long-term unemployment and it would be a blow to these families and our economy.
While we remain disappointed that Congress did not heed the President's call to extend emergency unemployment benefits for next year before the holidays, the President as well as the Democratic Congressional leadership have made clear the importance of extending the benefits immediately upon Congress's return. Senator Jack Reed and Senator Heller have put forward bipartisan legislation to extend emergency unemployment insurance for three months which would prevent these 1.3 million workers and their families from losing benefits while giving more time for consideration of further extension through 2014, and Leader Reid will bring it to a vote as soon as they return. The President strongly encourages both the Democratic and Republican Congressional leadership and their members to support this bipartisan solution and to pass the Reed-Heller bill.
Friday, December 27, 2013
U.S. DEFENSE DEPARTMENT CONTRACTS FOR DECEMBER 27, 2013
FROM: U.S. DEFENSE DEPARTMENT
CONTRACTS
AIR FORCE
Lockheed Martin Space Systems Co., Sunnyvale, Calif., has been awarded an $116,069,077 cost-plus-incentive-fee contract modification (P00548) on contract (F04701-02-C-0002) for Space Vehicle (SV) 4 launch operations and support to integrate the space vehicle into the launch vehicle. SV4 launch preparation activities begin at launch minus 12 months. During this period, the contractor performs pre-launch planning and preparation activities for the launch and early orbit operations rehearsal campaign. Work will be performed at Sunnyvale, Calif., and El Segundo, Calif., and is expected to be completed July 31, 2019. Fiscal 2014 missile procurement funds in the amount of $2,000,000 are being obligated at time of award. The Air Force Space and Missile Systems Center, PKJ, Los Angeles Air Force Base, Calif., is the contracting activity.
Alvarez & Marsal Real Estate Advisory Services, LLC, Washington, D.C., has been awarded an $88,000,000 indefinite-delivery/indefinite-quantity contract for Air Force privatization, post closing management 2013 (PCM-13) services. The contract provides advisory and assistance services for long-term post closing management services in support of the Air Force's privatization of military housing, enhanced use leasing, value-based transaction, voluntary action program for real estate and environmental issues related to Base Realignment and Closure, Real Estate Transaction, and other programs throughout the United States. This indefinite-delivery/indefinite-quantity contract has a five year ordering period, with one additional year performance. Work will be performed at the contractor's facility in Washington, D.C., and various Air Force installations, and is expected to be complete by Dec. 26, 2019. This award is the result of a competitive acquisition, and 100 offers were solicited and two offers were received. Fiscal 2014 operation and maintenance funds in the amount of $3,000 are being obligated at time of award. 772 Enterprise Sourcing Squadron/PKS, Joint Base San Antonio, Lackland, Texas, is the contracting activity (FA8903-14-D-0040).
Lockheed Martin Information Systems & Global Services, Colorado Springs, Colo., has been awarded a $47,347,121 modification (P00302) exercising an option to an existing contract (F19628-00-C-0019) to support critical mission operations for NORAD Cheyenne Mountain Complex/Integrated Tactical Warning/Attack Assessment in support of air, missile and space defense for the national command authority. This sustainment effort encompasses operations, maintenance and support to maintain mission integrity for the Target System Architecture systems at Cheyenne Mountain Air Force Station, Colo., the Alternate Mission Command Center, and forward user and sensor sites, as well as maintenance of legacy systems at Peterson Air Force Base, Colo., Test Development Facility, Space Training System and Joint Space Operations at Vandenberg AFB, Calif., and the ISC2 Test and Integration Lab in Colorado Springs, Colo. Also included are the 721 CS, the Cheyenne Mountain Communications Squadron support. Work will be performed at Colorado Springs, Colo., and Vandenberg AFB, Calif., and is expected to be completed by Sep. 30, 2014. Fiscal 2014 operations and maintenance funds in the amount of $6,520,588 are being obligated at time of award. Air Force Life Cycle Management Center/HBQK, Peterson AFB, Colo., is the contracting activity.
DEFENSE LOGISTICS AGENCY
TeraRecon, Inc.,* Foster City, Calif., has been awarded a maximum $30,000,000 fixed-price with economic-price-adjustment, indefinite-delivery/indefinite-quantity contract for the procurement of radiology systems, subsystems, accessories, service, manuals and repair parts. This contract is a competitive acquisition, and fifty offers were received. Location of performance is California with a Dec. 22, 2014 performance completion date. Using military services are Army, Navy, Air Force, Marine Corps and federal civilian agencies. Type of appropriation is fiscal year 2014 working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pa., (SPE2D1-14-D-0001).
Brothers Produce, Inc.,* Houston, Texas, has been awarded a maximum $21,474,000 fixed-price with economic-price-adjustment, indefinite-quantity contract for the procurement of full line fresh fruit and vegetable support to non-Department of Defense customers in the Dallas-Fort Worth schools zone. This contract is a competitive acquisition, and three offers were received. Location of performance is Texas with a July 6, 2018 performance completion date. Using service is U.S. Department of Agriculture school customers. Type of appropriation is fiscal year 2014 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pa., (SPE300-14-D-8607).
ARMY
CDM Federal Programs, Kansas City, Mo., was awarded a $9,500,000 firm-fixed-price, multi-year, indefinite-delivery/indefinite-quantity contract for civil works for the Kansas City District of the Corps of Engineers. Funding will be determined with each order. Work to be performed will be determined with each order, and is expected to be complete Dec. 26, 2018. Bids were solicited via the Internet with 11 received. The U.S. Army Corps of Engineers, Kansas City, Mo., is the contracting activity (W912DQ-14-D-1003).
*Mythics, Incorporated, Virginia Beach, Va., was awarded a $19,770,292 firm-fixed-price modification (BA0415) of contract (W91QUZ-06-A-0003) in exercise of option year two for new products and support for Oracle. Work will be performed in Alexandria, Va., and expected to be complete Dec. 31, 2014. The contract will be incrementally funded using fiscal year 2014 operations and maintenance funds. The U.S. Army Contracting Command, Rock Island Arsenal, Ill. is the contracting activity.
NAVY
Lockheed Martin Mission Systems and Training, Moorestown, N.J., is being awarded a $574,538,664 firm-fixed-price, multi-year procurement contract (N00024-14-C-5114) for the production of the Aegis Weapon System MK 7 equipment sets in support of the DDG 51 Shipbuilding Program and an option for Aegis Ashore Missile Defense System, Host Nation Poland, and engineering services. This procurement includes economic order quantity, advance procurement funding for production related materials for the multi-year procurement ship sets. Work will be performed in Moorestown, N.J. (85.5 percent); Clearwater, Fla. (13.1 percent); and Akron, Ohio (1.4 percent), and is expected to be completed by September 2021. Fiscal 2013 shipbuilding and conversion, Navy funds in the amount of $308,360,317 will be obligated at the time of award. Contract funds will not expire at the end of the current fiscal year. This contract was awarded as a sole-source contract authorized under 10 U.S.C. 2304(c)(1) - only one or limited number of sources and no other suppliers will satisfy the requirements. The Naval Sea Systems Command, Washington Navy Yard, Washington, D.C., is the contracting activity.
Lockheed Martin Corp., Mission Systems and Training, Manassas, Va., is being awarded an $84,650,745 modification to previously awarded contract (N00024-13-C-6272) for fiscal 2014 Acoustic Rapid Commercial-Off-The-Shelf Insertion (A-RCI) production. A-RCI is a sonar system that integrates and improves towed array, hull array, sphere array, and other ship sensor processing, through rapid insertion of COTS based hardware and software. The contract provides funding for the development and production of the A-RCI and common acoustics processing for Technology Insertion 14 (TI-14) for the United States submarine fleet. This modification will purchase TI-14 System Upgrades for 12 ships including pre-cable kits. Work will be performed in Manassas, Va. (60 percent) and Clearwater, Fla. (40 percent), and is expected to be completed by September 2018. Fiscal 2012, 2013, 2014 shipbuilding and conversion, Navy and fiscal 2014 other procurement, Navy contract funds in the amount $81,681,413 will be obligated at the time of award. Contract funds will not expire at the end of the current fiscal year. The Naval Sea Systems Command, Washington Navy Yard, Washington, D.C., is the contracting activity (N00024-13-C-6272).
Raytheon Technical Services Co., Indianapolis, Ind., is being awarded $40,911,284 ceiling priced delivery order 7000 against previously issued basic ordering agreement (N00383-14-G-006D) for the repair of 40 Weapon Replaceable Assemblies of the APG 65/73 Radar System used in support of the F/A-18 aircraft. Work will be performed in Indianapolis, Ind. (57 percent); El Segundo, Calif. (24 percent); Forest, Miss. (17 percent); Andover, Maine (2 percent), and work is expected to be completed no later than December 2015. Fiscal 2014 Navy working capital funds in the amount of $20,455,642 will be obligated at the time of award, and will not expire before the end of the current fiscal year. The contract was not competitively procured and is issued on a sole-source basis in accordance with 10 U.S.C. 2304(c)(1). Naval Supply Systems Command, Weapon Systems Support, Philadelphia, Pa., is the contracting activity.
T. B. Penick & Sons, Inc., San Diego, Calif., is being awarded $18,702,988 for firm-fixed-price task order 0007 under a previously awarded multiple award construction contract (N62473-10-D-5412) for renovation of the medical clinic at Marine Corps Air Ground Combat Center, Twentynine Palms. The work to be performed provides for replacement of a medical clinic with multi-story concrete masonry unit building on a concrete foundation to deliver primary care, physical therapy, behavioral and deployment health, and ancillary and diagnostic imaging services. Supporting facilities will include utilities, site improvements, parking, signage, and environmental protection measures. Existing clinic and site structures will be demolished after new clinic has been completed. The task order also contains one planned modification, which if exercised would increase cumulative task order value to $18,723,488. Work will be performed in Twentynine Palms, Calif., and is expected to be comp
leted by September 2015. Fiscal 2013 military construction, Defense medical contract funds in the amount of $18,702,988 are obligated on this award and will not expire at the end of the current fiscal year. Seven proposals were received for this task order. The Naval Facilities Engineering Command, Southwest, San Diego, Calif., is the contracting activity.
BAE Systems Information and Electronic Systems Integration (IESI), Inc., Greenlawn, N.Y., is being awarded a $16,472,873 firm-fixed-price contract for the procurement of Common Identification Friend or Foe hardware for the U.S. Army, U.S. Navy, and the governments of Korea, Taiwan, and the United Arab Emirates, including transponders, remote control units, mounts, power supplies; chasses, displays, repairs, and modification kits. Work will be performed in Greenlawn, N.Y. (86 percent) and Scottsdale, Ariz. (14 percent), and is expected to be completed in January 2016. Fiscal 2012, 2013 aircraft procurement, Navy; Fiscal 2013 aircraft procurement, Army; Fiscal 2012, 2013, 2014 other procurement, Navy; Fiscal 2013, 2014 research, development, test and evaluation, Navy; Fiscal 2014 aircraft procurement, Navy; Fiscal 2014 operations and maintenance, Navy; Fiscal 2014 Navy working capital funds; and Foreign Military Sales contract funds in the amount of $16,472,873 are being obligated at time of award, $722,959 of which will expire at the end of the current fiscal year. This contract combines purchases for the U.S. Army ($7,938,757; 48.2 percent); U.S. Navy ($6,682,819; 40.6 percent), and the Governments of Korea ($820,525; 5 percent), Taiwan ($781,676; 4.7 percent); and the United Arab Emirates ($249,096; 1.5 percent) under the Foreign Military Sales program. This contract was not competitively procured pursuant to FAR 302-1. The Naval Air Systems Command, Patuxent River, Md., is the contracting activity (N00019-14-C-0034).
*Small Business
CONTRACTS
AIR FORCE
Lockheed Martin Space Systems Co., Sunnyvale, Calif., has been awarded an $116,069,077 cost-plus-incentive-fee contract modification (P00548) on contract (F04701-02-C-0002) for Space Vehicle (SV) 4 launch operations and support to integrate the space vehicle into the launch vehicle. SV4 launch preparation activities begin at launch minus 12 months. During this period, the contractor performs pre-launch planning and preparation activities for the launch and early orbit operations rehearsal campaign. Work will be performed at Sunnyvale, Calif., and El Segundo, Calif., and is expected to be completed July 31, 2019. Fiscal 2014 missile procurement funds in the amount of $2,000,000 are being obligated at time of award. The Air Force Space and Missile Systems Center, PKJ, Los Angeles Air Force Base, Calif., is the contracting activity.
Alvarez & Marsal Real Estate Advisory Services, LLC, Washington, D.C., has been awarded an $88,000,000 indefinite-delivery/indefinite-quantity contract for Air Force privatization, post closing management 2013 (PCM-13) services. The contract provides advisory and assistance services for long-term post closing management services in support of the Air Force's privatization of military housing, enhanced use leasing, value-based transaction, voluntary action program for real estate and environmental issues related to Base Realignment and Closure, Real Estate Transaction, and other programs throughout the United States. This indefinite-delivery/indefinite-quantity contract has a five year ordering period, with one additional year performance. Work will be performed at the contractor's facility in Washington, D.C., and various Air Force installations, and is expected to be complete by Dec. 26, 2019. This award is the result of a competitive acquisition, and 100 offers were solicited and two offers were received. Fiscal 2014 operation and maintenance funds in the amount of $3,000 are being obligated at time of award. 772 Enterprise Sourcing Squadron/PKS, Joint Base San Antonio, Lackland, Texas, is the contracting activity (FA8903-14-D-0040).
Lockheed Martin Information Systems & Global Services, Colorado Springs, Colo., has been awarded a $47,347,121 modification (P00302) exercising an option to an existing contract (F19628-00-C-0019) to support critical mission operations for NORAD Cheyenne Mountain Complex/Integrated Tactical Warning/Attack Assessment in support of air, missile and space defense for the national command authority. This sustainment effort encompasses operations, maintenance and support to maintain mission integrity for the Target System Architecture systems at Cheyenne Mountain Air Force Station, Colo., the Alternate Mission Command Center, and forward user and sensor sites, as well as maintenance of legacy systems at Peterson Air Force Base, Colo., Test Development Facility, Space Training System and Joint Space Operations at Vandenberg AFB, Calif., and the ISC2 Test and Integration Lab in Colorado Springs, Colo. Also included are the 721 CS, the Cheyenne Mountain Communications Squadron support. Work will be performed at Colorado Springs, Colo., and Vandenberg AFB, Calif., and is expected to be completed by Sep. 30, 2014. Fiscal 2014 operations and maintenance funds in the amount of $6,520,588 are being obligated at time of award. Air Force Life Cycle Management Center/HBQK, Peterson AFB, Colo., is the contracting activity.
DEFENSE LOGISTICS AGENCY
TeraRecon, Inc.,* Foster City, Calif., has been awarded a maximum $30,000,000 fixed-price with economic-price-adjustment, indefinite-delivery/indefinite-quantity contract for the procurement of radiology systems, subsystems, accessories, service, manuals and repair parts. This contract is a competitive acquisition, and fifty offers were received. Location of performance is California with a Dec. 22, 2014 performance completion date. Using military services are Army, Navy, Air Force, Marine Corps and federal civilian agencies. Type of appropriation is fiscal year 2014 working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pa., (SPE2D1-14-D-0001).
Brothers Produce, Inc.,* Houston, Texas, has been awarded a maximum $21,474,000 fixed-price with economic-price-adjustment, indefinite-quantity contract for the procurement of full line fresh fruit and vegetable support to non-Department of Defense customers in the Dallas-Fort Worth schools zone. This contract is a competitive acquisition, and three offers were received. Location of performance is Texas with a July 6, 2018 performance completion date. Using service is U.S. Department of Agriculture school customers. Type of appropriation is fiscal year 2014 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pa., (SPE300-14-D-8607).
ARMY
CDM Federal Programs, Kansas City, Mo., was awarded a $9,500,000 firm-fixed-price, multi-year, indefinite-delivery/indefinite-quantity contract for civil works for the Kansas City District of the Corps of Engineers. Funding will be determined with each order. Work to be performed will be determined with each order, and is expected to be complete Dec. 26, 2018. Bids were solicited via the Internet with 11 received. The U.S. Army Corps of Engineers, Kansas City, Mo., is the contracting activity (W912DQ-14-D-1003).
*Mythics, Incorporated, Virginia Beach, Va., was awarded a $19,770,292 firm-fixed-price modification (BA0415) of contract (W91QUZ-06-A-0003) in exercise of option year two for new products and support for Oracle. Work will be performed in Alexandria, Va., and expected to be complete Dec. 31, 2014. The contract will be incrementally funded using fiscal year 2014 operations and maintenance funds. The U.S. Army Contracting Command, Rock Island Arsenal, Ill. is the contracting activity.
NAVY
Lockheed Martin Mission Systems and Training, Moorestown, N.J., is being awarded a $574,538,664 firm-fixed-price, multi-year procurement contract (N00024-14-C-5114) for the production of the Aegis Weapon System MK 7 equipment sets in support of the DDG 51 Shipbuilding Program and an option for Aegis Ashore Missile Defense System, Host Nation Poland, and engineering services. This procurement includes economic order quantity, advance procurement funding for production related materials for the multi-year procurement ship sets. Work will be performed in Moorestown, N.J. (85.5 percent); Clearwater, Fla. (13.1 percent); and Akron, Ohio (1.4 percent), and is expected to be completed by September 2021. Fiscal 2013 shipbuilding and conversion, Navy funds in the amount of $308,360,317 will be obligated at the time of award. Contract funds will not expire at the end of the current fiscal year. This contract was awarded as a sole-source contract authorized under 10 U.S.C. 2304(c)(1) - only one or limited number of sources and no other suppliers will satisfy the requirements. The Naval Sea Systems Command, Washington Navy Yard, Washington, D.C., is the contracting activity.
Lockheed Martin Corp., Mission Systems and Training, Manassas, Va., is being awarded an $84,650,745 modification to previously awarded contract (N00024-13-C-6272) for fiscal 2014 Acoustic Rapid Commercial-Off-The-Shelf Insertion (A-RCI) production. A-RCI is a sonar system that integrates and improves towed array, hull array, sphere array, and other ship sensor processing, through rapid insertion of COTS based hardware and software. The contract provides funding for the development and production of the A-RCI and common acoustics processing for Technology Insertion 14 (TI-14) for the United States submarine fleet. This modification will purchase TI-14 System Upgrades for 12 ships including pre-cable kits. Work will be performed in Manassas, Va. (60 percent) and Clearwater, Fla. (40 percent), and is expected to be completed by September 2018. Fiscal 2012, 2013, 2014 shipbuilding and conversion, Navy and fiscal 2014 other procurement, Navy contract funds in the amount $81,681,413 will be obligated at the time of award. Contract funds will not expire at the end of the current fiscal year. The Naval Sea Systems Command, Washington Navy Yard, Washington, D.C., is the contracting activity (N00024-13-C-6272).
Raytheon Technical Services Co., Indianapolis, Ind., is being awarded $40,911,284 ceiling priced delivery order 7000 against previously issued basic ordering agreement (N00383-14-G-006D) for the repair of 40 Weapon Replaceable Assemblies of the APG 65/73 Radar System used in support of the F/A-18 aircraft. Work will be performed in Indianapolis, Ind. (57 percent); El Segundo, Calif. (24 percent); Forest, Miss. (17 percent); Andover, Maine (2 percent), and work is expected to be completed no later than December 2015. Fiscal 2014 Navy working capital funds in the amount of $20,455,642 will be obligated at the time of award, and will not expire before the end of the current fiscal year. The contract was not competitively procured and is issued on a sole-source basis in accordance with 10 U.S.C. 2304(c)(1). Naval Supply Systems Command, Weapon Systems Support, Philadelphia, Pa., is the contracting activity.
T. B. Penick & Sons, Inc., San Diego, Calif., is being awarded $18,702,988 for firm-fixed-price task order 0007 under a previously awarded multiple award construction contract (N62473-10-D-5412) for renovation of the medical clinic at Marine Corps Air Ground Combat Center, Twentynine Palms. The work to be performed provides for replacement of a medical clinic with multi-story concrete masonry unit building on a concrete foundation to deliver primary care, physical therapy, behavioral and deployment health, and ancillary and diagnostic imaging services. Supporting facilities will include utilities, site improvements, parking, signage, and environmental protection measures. Existing clinic and site structures will be demolished after new clinic has been completed. The task order also contains one planned modification, which if exercised would increase cumulative task order value to $18,723,488. Work will be performed in Twentynine Palms, Calif., and is expected to be comp
leted by September 2015. Fiscal 2013 military construction, Defense medical contract funds in the amount of $18,702,988 are obligated on this award and will not expire at the end of the current fiscal year. Seven proposals were received for this task order. The Naval Facilities Engineering Command, Southwest, San Diego, Calif., is the contracting activity.
BAE Systems Information and Electronic Systems Integration (IESI), Inc., Greenlawn, N.Y., is being awarded a $16,472,873 firm-fixed-price contract for the procurement of Common Identification Friend or Foe hardware for the U.S. Army, U.S. Navy, and the governments of Korea, Taiwan, and the United Arab Emirates, including transponders, remote control units, mounts, power supplies; chasses, displays, repairs, and modification kits. Work will be performed in Greenlawn, N.Y. (86 percent) and Scottsdale, Ariz. (14 percent), and is expected to be completed in January 2016. Fiscal 2012, 2013 aircraft procurement, Navy; Fiscal 2013 aircraft procurement, Army; Fiscal 2012, 2013, 2014 other procurement, Navy; Fiscal 2013, 2014 research, development, test and evaluation, Navy; Fiscal 2014 aircraft procurement, Navy; Fiscal 2014 operations and maintenance, Navy; Fiscal 2014 Navy working capital funds; and Foreign Military Sales contract funds in the amount of $16,472,873 are being obligated at time of award, $722,959 of which will expire at the end of the current fiscal year. This contract combines purchases for the U.S. Army ($7,938,757; 48.2 percent); U.S. Navy ($6,682,819; 40.6 percent), and the Governments of Korea ($820,525; 5 percent), Taiwan ($781,676; 4.7 percent); and the United Arab Emirates ($249,096; 1.5 percent) under the Foreign Military Sales program. This contract was not competitively procured pursuant to FAR 302-1. The Naval Air Systems Command, Patuxent River, Md., is the contracting activity (N00019-14-C-0034).
*Small Business
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