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United States ex rel. Hutchins v. Dyncorp International, Inc.

United States District Court, District of Columbia

September 28, 2018

UNITED STATES OF AMERICA ex rel. CHARLES HUTCHINS AND JOYCE SUBHI, Plaintiff-Relators,
v.
DYNCORP INTERNATIONAL, INC., et al., Defendants.

          OPINION

          ROSEMARY M. COLLYER UNITED STATES DISTRICT JUDGE

         Charles Hutchins and Joyce Subhi sue their former employer DynCorp International, Inc., and related entities under the False Claims Act, alleging that DynCorp falsified invoices; billed at unreasonable rates; charged the federal government for services not performed; provided sub-par goods and services, or failed to provide them at all; hired unqualified individuals; and otherwise submitted unwarranted claims for payment for providing logistical and operational support to the United States Army. Plaintiffs also allege retaliation. After the United States declined to intervene, DynCorp moved to dismiss for failure to state a claim and a lack of sufficient particularity in alleging fraud. Having reviewed the record carefully, the Court finds that only one of Plaintiffs' many alleged claims states a plausible violation of the False Claims Act. Plaintiffs' other claims allege possible contract breaches but not fraud. Finally, because Plaintiffs did not engage in protected activities prior to their separations from DynCorp, there is no evidence of retaliation. The motion to dismiss will be granted in part and denied in part.

         I. BACKGROUND

         The United States Army administers the Logistics Civil Augmentation Program (LOGCAP) through which it contracts with private-sector companies to provide “contingency support to augment the Army force structure” in various military operations, including active combat in Afghanistan and Iraq. Am. Compl. [Dkt. 24] ¶ 26. Defendant DynCorp International Inc. is a global government services provider, which provides base operations, supply chain management, and infrastructure support. Defendant DynCorp International LLC is a wholly-owned subsidiary of DynCorp International Inc. and provides operational support to U.S. forces in combat, peacekeeping, humanitarian, and training missions around the world, including Afghanistan. Referred to herein as “DynCorp, ” the DynCorp International companies were awarded an Army contract in April 2008, known as LOGCAP IV, to “provide[] logistic and other support services via a mission focused task order for a designated geographical or operational area region, ” including providing goods and services to camps and forward operating bases in Afghanistan. Id. ¶¶ 29, 32, 34. This contractual relationship between DynCorp and the U.S. Army was governed by the Federal Acquisition Regulation (FAR), 48 C.F.R. 1.000 et seq., and the Defense Federal Acquisition Regulation Supplement (DFARS), 48 C.F.R. 201 et seq. Id. ¶ 30.

         Plaintiffs Charles T. Hutchins and Joyce Subhi are former employees of DynCorp. Mr. Hutchins was hired by DynCorp in September 2010 as a senior manager of subcontracts (“subcontracts senior manager”) at Kandahar Air Field and Camp Leatherneck in Afghanistan. Id. ¶ 13. Ms. Subhi was hired in May 2011 as a subcontracts senior manager primarily in Afghanistan. Id. ¶ 16. A subcontracts senior manager is responsible for “managing complex procurement and administrative activities for major government subcontracts consistent with customer requirements, government regulations, and company policies and procedures, ” which includes ensuring “that DynCorp International complies with contract requirements so that DynCorp International can represent to the United States that it is in compliance with the United States' regulatory and contractual requirements.” Id. ¶¶ 13, 16. Mr. Hutchins and Ms. Subhi were terminated from employment with DynCorp in 2012 and 2013, respectively. Id. ¶¶ 177, 280.

         Plaintiffs argue that they have personal knowledge of the alleged facts, unless otherwise noted in the Amended Complaint. Pls.' Mem. in Opp'n (Opp'n) [Dkt. 42] at 3. They also assert that they “are experts in the areas about which they complain and worked, ” and, finally, that each of them is an attorney with “training in how to construe statutory language, regulations and contractual provisions.”[1] Id.

         A. The Terms of DynCorp's LOGCAP IV Contract

          The LOGCAP IV contract between DynCorp and the U.S. Army specified that DynCorp would provide services and equipment to support the Army's operations in Afghanistan. In this lawsuit, Mr. Hutchins and Ms. Subhi allege that DynCorp failed to provide the services required under the contract, failed to furnish equipment that met the standards required by the contract, and otherwise fell short of contractual requirements, but, nonetheless, submitted claims for, and received, the corresponding contractual payments from the Army.

         1. Waste Management

         Plaintiffs contend that DynCorp improperly billed the Army for waste management and related services that were not approved, were duplicative, or were otherwise improper. DynCorp has provided waste management services at over 20 bases in Afghanistan since August 2009 under the LOGCAP IV contract. Id. ¶¶ 54, 64. This work was initially subcontracted to various non-DynCorp contractors that supplied their own vehicles, equipment, and personnel; each subcontractor billed DynCorp monthly and, after paying the subcontractors, DynCorp sought reimbursement from the Army. Id. ¶¶ 64-65.

         DynCorp began taking steps to perform these waste management services itself, instead of using subcontractors, in September 2011. Id. ¶ 60. About that time, it leased and shipped waste management equipment and vehicles to Kandahar Air Field. Id. The Amended Complaint alleges that DynCorp employees discussed its intention to self-perform waste management services in that month and that DynCorp “hoped to make more money by self-performing these services.” Id. ¶ 67. The Amended Complaint additionally alleges that Ms. Subhi attended a cost-analysis meeting sometime in late 2011 and that one analysis indicated an additional cost to the Army of $1, 200, 000/year for DynCorp waste management services at one base and an additional $1, 000, 000/year for similar DynCorp services at another base. Id. ¶¶ 68-72. Plaintiffs allege that DynCorp intended to perform waste management services for at least 27 bases in Afghanistan. Id. ¶ 74.

         In order to perform such services itself, DynCorp allegedly executed leases for hundreds of waste management and water delivery vehicles, “worth millions of dollars, ” and had them shipped to Kandahar Air Field before DynCorp notified the Army of its intention to self-perform, and without requesting prior approval from the Army's Administrative Contracting Officer (ACO).[2] See Id. ¶¶ 76-77. Plaintiffs identify multiple purchase orders that allegedly pertain to these activities but identify relevant leased goods on only two of them: purchase order LG40032418 for $1, 385, 226 and approved on November 2, 2011, to lease numerous vehicles, including some at Spin Boldak, a base in Afghanistan; and purchase order LG40030861 for $101, 400, to lease one trash truck. Id. ¶¶ 83-86.

         DynCorp notes that Plaintiffs allege that the waste management vehicles and equipment were flown on C-130 military aircraft to U.S. military bases in Afghanistan from subcontractors in South Carolina and Dubai. Id. ¶¶ 82, 105. It asserts that such transport would have been well-known to the Army, because it would require military coordination and authorization. DynCorp Mem. at 12. Plaintiffs allege that DynCorp failed to get prior approval from the “Administrative Contracting Officer in Houston, Texas.” Id. ¶ 60 (emphasis added); see also Id. ¶ 76. DynCorp argues that Plaintiffs do not, and cannot, allege that there was no government approval, from either the Administrative Contracting Officer in Afghanistan or another official.[3]

         According to the Amended Complaint, Mr. Hutchins learned from an unidentified member of the Projects Control Department at Camp Leatherneck in March 2012 that DynCorp was using a generic equipment billing code for the leased waste management vehicles. Id. ¶¶ 108-09. At the same time, DynCorp was allegedly billing the Army-using specific “Waste Management and Water Delivery services billing codes”-for the same services performed by subcontractors. Id. ¶ 113. Ms. Subhi later learned of this alleged double billing in early 2013. Id. ¶ 110.

         According to the Amended Complaint, when DynCorp Project Management at Kandahar Air Field learned that an Administrative Contracting Officer was asking about the additional vehicles in the Spring of 2012, DynCorp attempted to conceal the fact that the vehicles were not being used “by directing workers to drive the vehicles around the bases to add miles to the odometers to make it look like the vehicles were being used.” Id. ¶ 94. Allegedly, DynCorp management was aware of these efforts, as they were discussed in several conference calls in April or May of 2012. Id. ¶ 97. Plaintiffs also allege, however, that DynCorp was asked by the Administrative Contracting Officer about “all these vehicles sitting idle at all the bases and camps” and DynCorp responded that they were brought to Afghanistan so that DynCorp itself could perform waste management and water delivery services. See Id. ¶ 93.

         The Amended Complaint recounts two instances of subcontractor workers driving the vehicles leased for self-performance by DynCorp in April or May 2012. Id. ¶¶ 98-100. It alleges that the subcontractor should have, but did not, reimburse DynCorp for use of the DynCorp-leased vehicles and that, ultimately, the Army paid twice for the necessary vehicles, because it reimbursed DynCorp for leased vehicles and for subcontractor services that should have included payment for necessary vehicles. Id. ¶¶ 101-02. Plaintiffs allege that permitting subcontractors to drive the DynCorp-leased vehicles served to conceal the fact that the DynCorp vehicles were a duplicative and unwarranted cost. Id. ¶ 99.

         In or about August 2013, DynCorp billed the Army for costs associated with returning the vehicles, which included import and export taxes that were passed on to the United States, even though the Army had denied DynCorp's request to self-perform in May 2012. Id. ¶¶ 73, 105-06. Plaintiffs allege that DynCorp had no authority to invoice the Army for these duplicative vehicles and equipment. Id. ¶ 96.

         The Amended Complaint further alleges that these additional vehicles and equipment cost the Army “more than $20, 000, 000 in addition to the cost of utilizing existing DynCorp's subcontractors to perform the same work.” Id. ¶ 59. Plaintiffs also allege that DynCorp billed the Army an extra $38, 000, 000 for DynCorp to maintain a “duplicative fleet.” Id. ¶ 104. “For 23 waste management and water delivery purchase orders for the period of November 2011 through 31 July 2012, ” Plaintiffs allege the Army paid DynCorp $14, 311, 560.60. Id. ¶ 116. When those contracts were extended through July 31, 2013, the charges exceed $19, 000, 000. Id. Plaintiffs conclude that “the false claims submitted by DynCorp International to the United States for unauthorized duplicate waste management and water delivery vehicles exceeded $33, 393, 541.40.” Id.

         2. Vehicles and Equipment

         a. Bus Leases

         By way of a Work Performance Statement issued for August 1, 2011, to July 31, 2012, the Army directed DynCorp to lease seven 50-seat passenger buses for transporting military personnel at Camp Leatherneck. Id. ¶ 153. DynCorp leased the seven 50-seat passenger buses from Nasseb Trading Company on September 20, 2011, and they arrived at Camp Leatherneck beginning in October 2011. Id. ¶¶ 154-56. However, the buses lacked fire extinguishers and had to be reconfigured to “accommodate the size and weight” of military personnel and their equipment, leaving them with 43 seats. Id. ¶ 158. Mr. Hutchins sent photographs of the first reconfigured bus to Mario Galiouras, Subcontracts Senior Manager, who ordered the remaining buses reconfigured in the same fashion. Id. Mr. Hutchins also informed Mr. Galiouras sometime after March 14, 2012 that “the purchase order lease price needed to be adjusted downwards to reflect the reduced capacity of the seven buses, ” but such an adjustment was never made. Id. ¶ 159.

         Instead, Plaintiffs allege, DynCorp billed the Army as if the buses had 50 useable seats and had arrived with fire extinguishers. Id. ¶ 160. Dejan Lorvic, Fleet Management Maintenance Supervisor at Kandahar Air Field, and Keith Browning, Deputy Regional Manager at Camp Leatherneck, allegedly signed Service Received Reports, which reported the buses as mission capable, without first-hand knowledge of the buses' operating status. Id. ¶¶ 164-65. In 2012, DynCorp Project Management directed Mr. Hutchins to “investigat[e] the circumstances of the seven 50 seat buses.” Id. ¶¶ 167, 171. Mr. Hutchins then sent a memorandum[4] to Jim DeLong, DynCorp LOGCAP IV Project Manager; Mo Young, Deputy Project Manager; J.D. McCoy, Hub Leatherneck Regional Manager; and Sam Clear, Leatherneck Site Manager, on August 18, 2012, that “detailed the improprieties related to the DynCorp International LG40029880 related to the seven 50 seat buses.” Id.

         On August 23 and 26, 2012, Mr. Hutchins asked DynCorp for additional information and documents regarding other purchase orders for leased vehicles and equipment. Id. ¶ 174. He was terminated before he received that information. Id.

         b. Vehicles and Equipment That Were Not Mission Capable

         As required, DynCorp created records for each piece of equipment or vehicle, including Service Received Reports, maintenance records, and the maintenance manager's certification of mission capable status. Id. ¶¶ 125-29. Defects that could cause a piece of equipment to be downgraded to “Not Mission Capable” include “a cracked windshield, transmission problems, flat tire, missing side mirror, worn out brakes, non-functional seat belts, burned out head-lights, malfunctioning turn signals, or inoperable stop lights.” Id. ¶ 120. Plaintiffs allege that “[b]eginning in 2011” and continuing, DynCorp billed the Army for leased material handling equipment, construction equipment, SUVs, pick-up trucks, buses, and other equipment and vehicles that were not mission capable for at least a portion of the preceding month. Id. ¶¶ 119, 125. These records were relied upon by the Administrative Contracting Officer to approve or deny DynCorp leases of specific vehicles. Id. ¶ 129. Plaintiffs allege that DynCorp representations on “purchase orders and other contract documents” were “false and were relied upon by the United States in the Administrative Contracting Officer's approval determination and in the United States [sic] decision to pay invoices.” Id. Specifically, Plaintiffs allege that DynCorp managers failed to review maintenance records to determine if vehicles or pieces of equipment were actually mission capable, and did not complete the required Service Received Report, so that the DynCorp accounting department did not reduce contractors' invoices for vehicles or equipment that were Not Mission Capable during all or part of the prior month. Id. ¶ 136.

         This scheme is alleged to have begun as early as 2011 at more than 20 camps and forward operating bases throughout the south and southwestern portions of Afghanistan and to have involved Mr. Galiouras, Oldirch Valceus, [5] and Dejan Lovric, Fleet Management Maintenance Supervisor. Id. ¶¶ 121, 125. Through this alleged subterfuge, Plaintiffs contend that DynCorp billed the Army for “leased SUVs, pick-up trucks, flatbed trucks, buses, construction equipment, material handling equipment and other leased vehicles as fully mission capable that were not fully mission capable” because they were “not up to specification, violated safety codes, and falsified Service Received Reports were created to justify billing the equipment and vehicles as fully mission capable.” Id. ¶ 119.

         DynCorp responds that Plaintiffs provide no specific references during their unstated time period as to what vehicles or equipment were not mission ready or “exactly what that means in a war zone, where equipment is highly likely to be expected to suffer some damage without being rendered unsatisfactory.” DynCorp Mem. at 20.

         c. Older Vehicles

         In order to obtain approval of vehicle leases by the Administrative Contracting Officer, DynCorp provided a “package of documents” with details about the specific vehicles and equipment to be leased, including their age. Id. ¶ 142-43. In a conference call in February or March 2012 on which Mr. Hutchins participated, unnamed personnel were “questioned about acceptance of vehicles and material-handling equipment that did not meet the specifications listed on the purchase orders.” Id. ¶ 145. Mr. Galiouras is alleged to have responded that he knew that some vehicles were older than shown on the purchase order but that “the year indicated on the purchase order was actually more of a general guideline rather than a hard and fast requirement.” Id. ¶ 147. Plaintiffs broadly allege that there were at least 67 vehicles that were manufactured in a different year from the year that was detailed on the purchase order; they specifically identify ten such purchase orders for a total value of $1, 785, 822.75. Id. ¶ 152. Plaintiffs specify two discrepancies among the ten: Purchase Order LG4007361 for a 2011 Toyota Hilux that was leased for $1, 773.27 per month in July 2011 but was actually a 2007 model; and a 2005 forklift leased from November 29, 2011 to April 28, 2012 that was actually a 2001 model. Id. ¶¶ 149-50.

         3. Medical

         a. Physicals and Vaccines

         An Order of the Central Command-the CENTCOM Individual Protection and Individual/Unit Deployment Policy (“MOD 11”)-required that “[g]overnment civilian employees, volunteers, and DoD contractor personnel . . . must be reevaluated for fitness to deploy. . . . An examination with all medical issues and requirements addressed will remain valid for 15 months from the date of the physical.” Id. ¶ 246 (capitalization and emphasis omitted). Beginning in September 2012 and continuing through February 2013, DynCorp stopped all personnel traveling through Dubai for an annual physical if their most recent physical examination was 9 months or older. Id. ¶¶ 247-49. Plaintiffs allege that DynCorp management was aware that this was contrary to the 15-month window specified in MOD 11, as it was discussed in meetings, phone calls, and emails. Id. ¶ 248. DynCorp billed the Army for these physical examinations, for the billable time employees spent being examined, and for any hotels and meals they required. Id. ¶¶ 249-50, 255-56. Ms. Subhi was “held up” in Dubai for a physical and was paid for that time even though she was unable to work. Id. ¶ 257. Plaintiffs allege that these physicals could have been conducted, at lower cost, by physicians on base in Afghanistan. Id. ¶ 254.

         DynCorp responds that it needed to ensure that every employee in theatre had had a physical examination within the past 15 months and that, to comply, it required those employees who traveled through Dubai and whose last physical examination was nine months or more before that trip, to undergo a physical examination. DynCorp argues that its practical policy applied only to those persons entering Afghanistan from Dubai, not all employees, and that Plaintiffs do not allege any misrepresentation by DynCorp to the government. DynCorp Mem. at 37.

         MOD 11 also requires that certain inoculations and vaccines be administered, including vaccines for hepatitis and chicken pox. Am. Compl. ¶¶ 258-59. DynCorp provides these services at processing facilities in India and Dubai. Id. ¶ 259. Plaintiffs allege that beginning “as early as 2011, ” these processing facilities administered “hundreds of inoculations and vaccines that were expired or were for pediatric doses, ” and, therefore, not in compliance with MOD 11. Id. ¶¶ 261-63. Local medical personnel allegedly justified pediatric doses “by stating that the Indian workers were very small people” and that the expired vaccines were “still good.” Id. ¶¶ 265-66. These employees were subsequently re-vaccinated, which Plaintiffs assert cost “many hundreds of thousands of dollars to the United States.” Id. ¶ 264. Plaintiffs do not allege that the Army was misled by this situation but, rather, that it should have received a refund. Id. ¶ 268.

         b. Equipment and Training

         When it needed funds for medical services and equipment, DynCorp requested monies from the Army by way of a material requisition form. Id. ¶ 207*.[6] From August 1, 2011, to July 31, 2012, DynCorp requested $100, 000 in funds for a portable X-ray unit and $50, 000 for Cardio-Pulmonary Resuscitation/First-Aid training. Id. ¶ 208. The additional funds were not added to a subcontract, but instead to standalone purchase orders, allowing DynCorp to use the funds to pay other outstanding invoices. Id. ¶ 211. Plaintiffs allege that the requested training and equipment were never purchased. Id. ¶ 213.

         DynCorp again requested funds between August 1, 2012, and July 31, 2013, for Cardio-Pulmonary Resuscitation/First Aid training and a portable X-ray machine, totaling $140, 000. Id. ¶¶ 215-16. An X-ray machine was purchased with these funds. Id. ¶ 216. These line items were included in a $686, 000 Material Requisition, $130, 000 of which was for dental equipment. Id. ¶ 217. Plaintiffs allege the dental equipment was removed from the material requisition form, but the $130, 000 was not subtracted and was used to pay other invoices. Id. ¶¶ 217-19. Plaintiffs also allege that Project Management was aware that both requests for funds had been approved, but that no equipment was provided. Id. ¶¶ 220-21. Plaintiffs contend DynCorp “used the practice of duplicate Material Requisitions to increase contract amounts and pay invoices to subcontractors as the Administrative Contracting Officer would not be able to track all such expenditures.” Id. ¶ 225. In addition, the Amended Complaint alleges that DynCorp created a separate purchase order for the X-ray and Cardio-Pulmonary Resuscitation/First Aid Training, which was approved by the Administrative Contracting Officer and used to pay a DynCorp subcontractor, Onsite Occupational Health and Safety. Id. ¶ 223.

         DynCorp rejects these allegations, pointing out that the central purpose of LOGCAP is to “reduce the contracting activity burden, especially in large scale operations with multiple and often related service requirements.” Id. ¶ 28; see DynCorp Mem. at 18. It argues that this contract purpose, “combined with Hutchins' admission that the Army has reviewed and rejected these claims, negate any reasonable inference of scienter or materiality.” DynCorp Mem. at 18 n.14.

         c. Billing for Unauthorized Services

         DynCorp contracted with Onsite Occupational Health and Safety to provide medical services to bases and camps throughout Afghanistan, but that subcontract did not include medics at the smallest sites, denoted “Band 5” sites. Am. Compl. ¶¶ 226-27. However, the Amended Complaint alleges that DynCorp's Project Manager for Afghanistan directed Onsite Occupational to provide medics at those Band 5 sites that had dining facilities. Id. Salaries for such personnel were included in monthly invoices submitted to, and paid by, DynCorp. Id. On several occasions, DynCorp attempted to “add additional funding to the current Purchase Order” for these services but was unsuccessful. Id. ¶ 228. Plaintiffs allege that Fire Medics were sent to some of the Band 5 sites as early as 2011 but “the Onsite Occupational subcontract purchase order was not revised to include medics at Band 5 sites with dining facilities until March 2013.” Id. ¶ 234. Therefore, the Amended Complaint alleges, Onsite Occupational “deployed medics to sites in [sic] which DynCorp International knew they were not authorized or funded to work.” Id. ¶ 235. “DynCorp . . . paid those invoices and submitted the invoice to the United States for payment.” Id.

         According to the Amended Complaint, “the military requested as many as 12 Fire Medics but did not authorize additional funds for those services.” Id. ¶ 237. DynCorp agreed to provide the 12 Fire Medics at no cost to the Army but it allegedly “did, in fact, add costs and billed the United States.” Id. Furthermore, Onsite Occupational provided emergency medical services at additional multiple camps, from September 2011 through April 2013, but DynCorp is alleged to have never requested additional funding and merely invoiced the Army without authorization. Id. ¶¶ 239-44.

         The Amended Complaint alleges that “[a]ll of these charges involved invoicing the United States for services that had not been authorized . . . . DynCorp International had paid for such unauthorized services from funds approved by the United States for other purposes.” Id. ¶ 244. It also alleges that “DynCorp International Sourcing eventually requested additional funds for unspecified costs . . . [and they] were approved and used to pay for the unapproved medics providing emergency medical services.” Id. ¶ 242.

         4. Commission Rates

         According to Plaintiffs, DynCorp Vice President of Sourcing, Krista Robinson, changed DynCorp processes as of April 1, 2011, so that DynCorp began submitting purchase orders for payment in lieu of payments under service subcontracts because the former returned higher commissions to DynCorp. Id. ¶ 185. The change was not submitted for approval to the Administrative Contracting Officer. Id. ¶¶ 180, 186. Mr. Hutchins, who was “acting Procurement and Subcontracts Director . . . at Kandahar Air Field” at the time, alleges that he was repeatedly told by Vice President Robinson that the LOGCAP IV contract had not been changed and that the Administrative Contracting Officer had been informed of the change in practice. Id. ¶¶ 193, 191. Mr. Hutchins objected, telling Ms. Robinson that the Administrative Contracting Officer did not have the authority to change the terms of the contract. Id. ¶ 192. Plaintiffs allege that DynCorp made “tens of millions of dollars more since it received the extra one and a half percent commission on multiple contracts.” Id. ¶ 189. Specifically, “excess commission charges . . . exceeded $21, 000, 000” for (a) dining and facility contracts, (b) labor services, (c) construction services, (d) miscellaneous, (e) waste management services, and (f) vehicles and construction leases. Id. ¶ 195.

         DynCorp responds that Plaintiffs “acknowledge that the alleged change in commissions invoicing was brought to the attention of the Administrative Contracting Officer by a [DynCorp] employee (thereby defeating scienter) and that the bills were paid by the government (thereby defeating materiality).” DynCorp Mem. at 17.

         5. Personnel

         Mr. Hutchins alleges that he was told by Linda Wrubbel, Regional Human Resources Manager in Afghanistan, that a February 2012 report showed that more than 80% of the Subcontracts Department “did not meet the job qualification requirements of education and experience and were not qualified for the positions for which they were hired.” Am. Compl. ¶¶ 195*-97. Ms. Wrubbel had interviewed the Supplier Management[7] Director in Afghanistan, Dan Scott (who resigned in 2012), for her report and was told that “his hiring requirements were that the person have a pulse, be able to string together a sentence in English and be enthusiastic.” Id. ¶¶ 199-200.

         Ms. Subhi complained to Human Resources about Supplier Management officer personnel, specifically regarding Mr. Scott's conduct. Ms. Wrubbel later told her that “90% of the employees were not qualified, but [she] felt they could not get rid of everyone.” Id. ¶ 202. Plaintiffs also allege further deficiencies in personnel, including various persons hired from the Philippines, India, Bosnia, Nepal, and Kenya, who did not fulfill the hiring criteria and many of whom could not speak English. Id. ¶¶ 205-07. Plaintiffs allege that “At Forward Operating Base Dwyer, more than 100 individuals were working in this manner in 2012.” Id. ¶ 207. Plaintiffs do not identify which employees were unqualified, nor which provisions of the LOGCAP IV contract specified these employee qualifications.

         DynCorp notes that Plaintiffs provide no specifics and that they do not “address whether the government understood or consented to any allegedly unqualified hires as a necessary and practical result of the contemporaneous surge of personnel in the Afghanistan war zone.” DynCorp Mem. at 17.

         B. ...


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