Homeland Security drops contractor laws for border wall
SAN DIEGO — The Trump administration said Tuesday that it is waiving federal contracting laws to speed construction of a wall at the U.S.-Mexico border, moving the president closer to fulfilling a signature campaign promise in an election year but sparking criticism about potential for fraud, waste and abuse.
The Department of Homeland Security said waiving procurement regulations will allow 177 miles of wall to be built more quickly in California, Arizona, New Mexico and Texas. The 10 waived laws include a requirement for open competition and giving losing bidders a chance to protest decisions.
The acting Homeland Security secretary, Chad Wolf, is exercising authority under a 2005 law that gives him sweeping powers to waive laws for building border barriers.
“We hope that will accelerate some of the construction that’s going along the southwest border,” Wolf told Fox News Channel’s
“Fox & Friends.”
The Trump administration said the waivers will allow at least 94 miles of wall to be built this year, bringing the Republican leader closer to his goal of about 450 miles since he took office and made it one of his top domestic priorities. It said the other 83 miles covered by the waivers may get built this year.
“Under the president’s leadership, we are building more wall, faster than ever before,” the department said in a statement.
Critics say the waivers do away with key taxpayer safeguards. U.S. Rep. Bennie Thompson, a Mississippi Democrat who chairs the House Homeland Security Committee, said the president’s “cronies are likely to be the beneficiaries.”
Scott Amey, general counsel at the Project on Government Oversight, said waiving a law for contractors to provide the government with certified cost data — such as how much they pay for labor or parts — could lead to grossly inflated prices.
“It’s equivalent to buying a car without seeing a sticker price,”
Amey said. “This could be a recipe for shoddy work and paying a much higher price than they should.”
Administration officials say providing cost data can be onerous and difficult.
The waivers, to be published in the Federal Register, apply to projects that the U.S. Army Corps of Engineers will award in six Border Patrol sectors: San Diego and El Centro in California; Yuma and Tucson in Arizona; El Paso, which spans New Mexico and west Texas, and Del Rio.
The move came five days after Defense Secretary Mark Esper approved a $3.8 billion request from Homeland Security to pay for walls in those same areas, and the Pentagon acknowledged that more cuts could be coming to provide additional funding.
The administration said the waivers will apply to contractors that have already been vetted.