Back to “Business”

I’ve been quiet for a while because the case was moving through its busiest stage, depositions, and I had very limited time leftover for blogging. But most of that is over now so I can get back to this and bring everyone up-to-date.

There has been so much activity that I think the best place to start is to give an overview of what has happened. I will then follow with a blog on each item.

1. In December the Government filed a Counterclaim 18 months into the process. In the Counterclaim, the Government attorney, Paul ‘P.’ Davis Oliver puts forth yet another amount as his new-final-final amount he swears the government can prove Quimba owes. This latest amount is the seventh final sum certain amount the good attorney Paul ‘P.’ Davis Oliver and the competent DCMA folks have come up with, each time asserting the number as the final-final amount Quimba owes. His Counterclaim filing is itself a testimonial as to how incompetent attorney Oliver believes ACO Craig M. Studley of DCMA actually is – just about the only thing attorney Oliver and I have consistently agreed on. In his Counterclaim, attorney Oliver also proposed a brand new method of allocating contractor costs across contracts and fiscal years that was, to say the least, amusing to read. Those of you who hate the DCAA should pray for the Judge to buy attorney Oliver’s method because it would mean we no longer need the DCAA.

The decision on whether or not the Government can file a Counterclaim is now pending before the Court.

2. Speaking of those snarky little devils in DCAA, in December I filed a Five Million Dollar lawsuit against DCAA under the Federal Tort Claims Act. For those of you who have access to Pacer, you can find the Complaint by searching for case number C13-5984, in the US District Court, Northern California Division. I will of course cover this in detail in upcoming blog posts.

As of today, they have asked for an extension to respond. This should be good.

3. Also in December (yes it was a busy month) DCMA issued two more Contracting Officer’s Final Decision against Quimba, questioning all of our costs in FY 2005 and FY 2006. We are not sure what to make of this because the Administrative Contracting Officer, ACO Delaine Alvarez of the DCMA Northern California branch, did not bother to issue a Letter of Intent to Disallow Costs before issuing the COFD. This, to us, seems contrary to the FAR. We just filed a Notice of Dispute with ASBCA and I am really curious as to why Ms. Alvarez thinks she can issue a COFD without issuing a Letter of Intent to Disallow Costs. Will of course post her COFDs when I blog about this topic.

4. In January we replied to the Government’s response to our Motion for Summary Judgment. I will post this shortly as well.

Quimba’s Motion for Summary Judgment is Pending before the Court.

5. The most interesting event since the last blog post is our Deposition of ACO Craig M. Studley. Most of it was the expected back and forth. However, the good ACO did admit under oath that he knew he made a mistake in his COFD shortly after I notified him but did not correct the error. He says he did not do so because a DCMA attorney advised him not to. You don’t have to have a law degree to understand that the DCMA employees conspired to intentionally break the law, probably, because they wanted to circumvent the CDA’s Statute of Limitation. I intend to explore this and expose those DCMA-Taliban involved in that decision for the incompetent, unpatriotic, dishonorable, un-American, cowards, pension-undeserving leaches that they, in my opinion, are.

Shame on you Craig Studley. You intentionally and willingly wiped your ass with the US flag and betrayed the trust American Citizens placed in you. Anyone who ever mentored you, taught you, or otherwise helped your “career” ought to be proud of you now.

People in this post:
Bob Dourandish – bob@quimba.com
Paul ‘P.’ Davis Oliver, Esq. (DOJ Attorney) – P.Davis.Oliver@usdoj.gov
Delaine Alvarez (ACO) – Delaine.Alvarez@dcma.mil
Craig M. Studley – DCMA ACO – Retired on for-life taxpayer-funded Pension and for-life taxpayer-funded Healthcare. No email on file.

We Served Two More FTCA Notices, These Against Defense Finance and Accounting Service

I’m getting pretty good at writing these SF95 complaints! Now it only takes me a week to write one where as the very first SF95 took me over a month to grind out.

If you’ve been following the blog, we served Government with notice of another two potential claims, to be filed under the Federal Tort Claims Act. The basis of the claims against the Defense Finance and Accounting Service (DFAS) are simple: Part of DFAS charter is to collect debt on behalf of the Department of Defense (DoD). In August of 2011 the folks at DFAS did review all payments to Quimba and concluded that ACO Craig M. Studley was in fact wrong in levying a debt on Quimba. They said ACO Studley was “errant” but, increasingly, the phrase that pops in my mind is DCMA-Taliban, but I digress. Although someday, when this is all over, I would just love to pay for Craig Studley’s time and buy him a lunch just to have him explain to me his definition of what an “honorable man” is. Frankly, I would love to do the same with DCMA Director Charlie Williams Jr. to learn what Mr. Williams’ definition of an “honorable DCMA employee” is.

Anyway, the foundation of both of these new complaints is that, we assert, since DFAS staff did know for a fact that the levy was erroneous but refused to rescind it, they were negligent, and conspired, explicitly or implicitly, to unfairly protect Craig Studly and the Department of Defense, at a the expense of a Small Business and its founders.

There are two notices served, one on behalf of Quimba and one on behalf of myself. You can find the entire, unedited copies here and here.

People in this post:
Bob Dourandish – bob@quimba.com
Craig M. Studley (ACO, retired) – No email on file.
Charlie Williams Jr. (Director, Defense Contract Management Agency) – No email on file.