Free Amended Complaint - District Court of Federal Claims - federal

Case 1:05-cv-00434-NBF

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Filed 05/24/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

DEWEY H. RUMSEY and ANNA MAHAN RUMSEY, husband and wife, and the Marital community comprised thereof, v. THE UNITED STATES COMPLAINT

No. 05-434C FIRST AMENDED COMPLAINT

DEWEY H. RUMSEY and ANNA MAHAN RUMSEY ! & " " % ' That the Plaintiffs, DEWEY H. RUMSEY and ANNA MAHAN RUMSEY, reside at 2325 North Vista View Drive, Tacoma, Pierce County, Washington, and were at all times mentioned herein residents of Pierce County, Washington. That Defendant, the United States Government, includes the Federal Government of the United States and all of its subsidiaries, including but not limited to, the United States Army, 1st Special Forces Group, and the Government Contracting Office at Fort Lewis, Washington. " # $ % "

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That in approximately June, 2001, Plaintiff, DEWEY H. RUMSEY, entered into a contract with the Defendant, United States Government. The contract called for Plaintiff to provide certain instruction, or more specifically a program of instruction (POI) for personnel stationed at Fort Lewis, Washington. The POI prepared by Plaintiff required a 28 day training cycle. (NOTE: The

particular content of the POI generated by Plaintiff has been classified.) The Government was given the option with this training program of breaking the training into five day increments; 28 day increments straight, or any variation between. The Government elected the 28 day straight option. (See Attachment "A" for a copy of the contract entered into between the parties.) The Ft. Lewis Contracting Office assigned CW4 Steve Weatherford the responsibility of Contracting Officers Representative (COR). Due to operational requirements, CW4

Weatherford was continually deployed and was unavailable to perform as COR. (More specifically, soon after being appointed COR, CW4 Weatherford was deployed for two consecutive six month deployments.) MSG (Retired) Tracy Combs became the "de facto" COR, despite not having the credentials to perform as a COR. MSG Combs became aware of the fact that government representatives were continually requiring Plaintiff to perform services beyond the scope of the contract bargained between the parties. In particular, MAJ Kevin Collier, an officer from the Operations section of 1st Special Forces Group (SFG) placed several demands upon Plaintiff that were beyond the scope of the contract, which directly resulted in an increase in the amount of hours spent on the above-referenced contract. Examples of these demands include, but are not limited to: 1. Serving in supervisory and managerial roles over active duty personnel; 2

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2. 3.

Developing and training additional POIs; Acting as "signature approving official" for SF1164 (Claim for Reimbursement of Expenditures on Official Business.);

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Being accountable for equipment outside the scope of the contract.

MAJ Collier and MSG (R) Combs both worked in the operations (S-3) Section 1stSFG. The Operations Section was in charge of applying the training program provided by Plaintiff. Plaintiff coordinated his services with MAJ Collier ­ and MAJ Collier had Plaintiff has never been

apparent authority to give Plaintiff these additional duties.

compensated for these additional duties and the time spent in performing them. The Defendant also breached the aforementioned contract by failing to provide support as set forth in the contract. Examples here include, but are not limited to: 1. Personnel Support: The constant rotation of Operational Control Element

Personnel resulted in both a lack of logistical support and work ending up being performed by Plaintiff outside the scope of the contract. 2. Logistical Support: The Government failed to provide general office supply

support on a recurring basis; as well as failing to provide adequate equipment and facilities support for the training. On approximately March 23, 2004, Plaintiff, DEWEY H. RUMSEY, submitted a bill for $52,721.68, for services performed between October 2003 and March 2004. contract was ultimately terminated "for the convenience of the government." To date, Plaintiffs have not been paid for services rendered, and Defendant, U.S. Government, is in breach of said contract. Additionally, the government has been unjustly enriched as a direct result of Plaintiff's performance. The

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DAMAGES That as a direct and proximate result of the Government's breach of contract, the Plaintiffs, DEWEY H. RUMSEY and ANNA MAHAN RUMSEY, have sustained injuries in amounts not fully known at this time, but in amounts that will be proven reasonable at the time of trial. WHEREFORE, Plaintiffs pray for judgment against the Defendants as follows: 1. 2. 3. 4. For a Judgment against the United States in the amount of $ 52,721.68; For General Damages to be proven reasonable at the time of trial; For costs, disbursements, and attorney's fees herein expended; and For such other and further relief as the Court deems just and equitable.

DATED this 24th day of May, 2005.

_________________________ ROGER C. CARTWRIGHT WSBA No. 20140 901 South I Street, Suite 201 Tacoma, Washington 98405 Phone: 253-572-2101 Facsimile: 253-272-9220 Attorney for the Plaintiffs

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