Ear Marks From Another Angle
Post Source: The Seattle Times
Earmarks is a part of politics, and maybe even legal under the loose rules politicians have granted themselves. However awarding federal earmark contracts without bids in a violation of federal law.
Doug Hoschek sells the Army's elite Special Forces a T-shirt that resists burning — a feature that can save the lives of soldiers under fire.
He wanted to sell his creation to the Marines, as well. Working out of his Sammamish home, the seasoned garment maker toiled for months preparing to bid.
But Hoschek was stunned to learn recently that another company, InSport International, snagged the T-shirt contracts without having to compete.
InSport had lobbied members of Congress for an "earmark" — federal dollars lawmakers direct to favor seekers, often campaign donors.
Company executives also donated nearly $9,000 to the re-election effort of Rep. David Wu, D-Ore., who sponsored three earmarks for InSport.
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Earmarks, he said, cheat businesses that play by the rules. They not only deprive the military of getting the best price, he said, but can saddle soldiers with inferior products that politicians handpick.
It's not supposed to work that way. Federal law requires that all military contracts, even earmarks, be offered through competitive bidding. Exceptions are allowed in those few cases in which the military has an urgent need or the product is unique.
But in case after case, The Seattle Times found, earmark contracts were awarded without competition.
He wanted to sell his creation to the Marines, as well. Working out of his Sammamish home, the seasoned garment maker toiled for months preparing to bid.
But Hoschek was stunned to learn recently that another company, InSport International, snagged the T-shirt contracts without having to compete.
InSport had lobbied members of Congress for an "earmark" — federal dollars lawmakers direct to favor seekers, often campaign donors.
Company executives also donated nearly $9,000 to the re-election effort of Rep. David Wu, D-Ore., who sponsored three earmarks for InSport.
...
Earmarks, he said, cheat businesses that play by the rules. They not only deprive the military of getting the best price, he said, but can saddle soldiers with inferior products that politicians handpick.
It's not supposed to work that way. Federal law requires that all military contracts, even earmarks, be offered through competitive bidding. Exceptions are allowed in those few cases in which the military has an urgent need or the product is unique.
But in case after case, The Seattle Times found, earmark contracts were awarded without competition.
Ironically it isn't the Congressman who is afoul of the law, but the workers in the federal agencies disseminate the contracts. Unless they can prove that they were instructed under threat to award a contract to a particular company, the agency has little choice but to follow the Congressman's wishes.
But sometimes justice is served.
Such was the case of a top Pentagon officer, Cheryl Roby, who didn't give a $2 million earmark to a company selected by former California Congressman Randall "Duke" Cunningham.
Cunningham summoned her to his office, scolded her for "not executing my vision," and later tried to get her fired.
As a result of Cunningham's threats, a Roby underling began routinely asking congressional appropriations staffers which company was supposed to be rewarded with each earmark, according to court documents.
Cunningham was convicted in 2005 of taking $2.4 million in bribes in exchange for giving earmarks to certain companies.
Cunningham summoned her to his office, scolded her for "not executing my vision," and later tried to get her fired.
As a result of Cunningham's threats, a Roby underling began routinely asking congressional appropriations staffers which company was supposed to be rewarded with each earmark, according to court documents.
Cunningham was convicted in 2005 of taking $2.4 million in bribes in exchange for giving earmarks to certain companies.
But that the exception to the rule. With Congress controlling the size if an agency's budget, the federal workers are under intense pressure to depart from following federal procurement laws and keep the Congressman happy.