Kenney v. United States

42 Cont. Cas. Fed. 77,343, 41 Fed. Cl. 353, 1998 U.S. Claims LEXIS 154, 1998 WL 404928
CourtUnited States Court of Federal Claims
DecidedJuly 21, 1998
DocketNo. 95-470C
StatusPublished
Cited by1 cases

This text of 42 Cont. Cas. Fed. 77,343 (Kenney v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kenney v. United States, 42 Cont. Cas. Fed. 77,343, 41 Fed. Cl. 353, 1998 U.S. Claims LEXIS 154, 1998 WL 404928 (uscfc 1998).

Opinion

OPINION

LYDON, Senior Judge.

This case is before the court on defendant’s motion for summary judgment. Plaintiff, Pat Kenney, doing business as J & K Associates, seeks damages in the amount of $26,172.50 incurred for breach of an alleged contract for personnel training materials. It is undisputed that there is no written contract between the parties. The question posed by plaintiff is whether the government entered into an implied-in-fact contract with plaintiff. Defendant contends that it did not enter a valid contract with plaintiff and has moved for summary judgment. Plaintiff opposes defendant’s motion. After oral argument and supplemental briefing the court grants defendant’s motion.

FACTS

The following facts are undisputed. Plaintiff, doing business as J & K Associates, engages in the business of developing and providing various courses and programs relating to human resource development and training. Plaintiff has been providing such [355]*355courses and programs to government agencies for approximately twenty-three years.

The parties have separately submitted exhibits spanning the period from April 10, 1992 through July 6, 1993, documenting the course of plaintiffs negotiations with Employee Development Specialist (EDS) Leonard Murphy (Murphy), and later with EDS Karen Galway (Galway) concerning the alleged contract for training services. A review of these exhibits indicates that the negotiations took place in two phases and were separated by a lengthy break. The contents of these documents, mostly faxed letters, reflect a progression from initial discussions about the Navy’s objectives, to the cost and proposed course outlines to meet those objectives, to discussions about the number of sessions and potential dates for holding the sessions.

In early 1992, EDS Murphy, employed by the Naval Weapons Station, Department of the Navy, in Concord, California (Concord Station), contacted Kenney to inquire about her firm providing an advanced supervisory development course for Navy employees. Between April and June 1992, Murphy and Kenney modified certain aspects of plaintiffs proposed course outline in order to fit the needs of the Navy, estimated that the proposed course would be conducted at Concord Station approximately ten or twelve times, and scheduled (and subsequently rescheduled) the first three dates and locations for presentation of the course. Although Murphy does not recall having had any direct contact with plaintiff after June 1992, Kenney wrote or faxed to him two letters, one dated August 27, 1992, the other September 28, 1992. In addition to requesting further feedback on the proposed course content, Kenney’s September 28, 1992 letter refers to a September 8, 1992 telephone conversation with Murphy. In any event, this letter is the last document linking Murphy to the negotiations with plaintiff.

Sometime during September 1992, negotiations ceased between plaintiff and Murphy. It was about this time that Concord Station underwent a change in command. The new command decided that supervisory training was a less important matter than certain other, high priority matters, and that command would reevaluate the need for supervisory training the following summer. There is no indication that plaintiff made a claim for breach of contract after the negotiations with Murphy ceased.

On June 28, 1993, negotiations resumed between the parties. This time, however, EDS Galway negotiated on behalf of the Navy and Dee Cassidy (Cassidy) on behalf of J & K Associates. On June 28, Galway called Cassidy and discussed the possibility of scheduling some training sessions and lining up potential instructors for the supervisory training course. In response Cassidy faxed a letter to Galway which stated in pertinent part:

Thanks for your call today. I am certain that we can schedule to accommodate your training needs for the supervisory-leadership course that we were discussing.
Advance Supervisory Development (Leadership Techniques for the 90’s) is a GREAT program. I am very pleased that you hope to run this course....
STOP: Just received your second call. August 23rd will be fine. We will do some simple rescheduling. If you can locate satisfactory classroom availability, J & K will be there....
I also spoke to her [Kenney] about the assessment area. She prefers to use the PEOPLE Process because where the Myers-Briggs just does the self-assessment The (sic) PEOPLE Process teaches self-assessment and how to access those you are supervising, which we had discussed with Murph [EDS Murphy].
I am including with this FAX copies of Dr. Pat Kinney (sic) and Dr. Larry McKenna’s biographical data sheets for your review. Another instructor who may do this course at a later date is Joseph Veitz.
I will be in touch with you again before your boss comes back on Thursday.

Subsequently, in a letter dated July 5, 1993 but dated stamped received by the Navy on July 19, 1993, Kenney wrote to Galway the following:

This letter confirms the following date(s), cost(s), for this/these training program(s): [356]*35623-24-25-26-27 Aug 93 — Leadership Techniques for the ’90s Mon, Tue, Wed, Thu, Fri — 8am to 4pm — $5,300.00 plus cost of personality inventory People Process, per person ($9.50)
13-14-15-16-17 Sep 93 — Leadership Techniques for the 90’s Mon, Tue, Wed, Thu, Fri — 8am to 4pm — $5,000.00 plus cost of personality inventory People Process, per person ($9.50)
27-28-29-30 Sep and 01 Oct 93 — Leadership Techniques for the 90’s — 8am to 4pm — $5,000.00 plus cost of personality inventory People Process, per person ($9.50)
The above costs are for 25 participants in each course.
J & K furnishes all training materials— participant manuals, sign-in sheets, evaluations, name tents, handouts, participant course-completion certificates, other pertinent course materials, and a qualified instructor (bio enclosed). It is understood that your agency will furnish classroom space, an overhead projector, a VHS player and monitor for showing videos, and a flip chart and/or chalkboard.
The course materials will be UPS’d to the above address, well before class times, unless you tell us differently.
Thank you for this opportunity to provide training programs for your personnel.

On July 6,1993, Cassidy faxed to Galway the following:

Our secretary said that you had called in regards to the instructor for the course that we had tentatively scheduled for your facility, Leadership Techniques in the 90’s on for the week of 23 August 93. As of Friday, I have Dr. McKenna tentatively scheduled, however, until we have a firm contract with your organization, I can’t get a contract with him. Again, however, this is the instructor that I believe will do the course. I have however, included with this FAX the biographical data sheets of the other instructors who are also well qualified to teach this course.
Again, if you need any more information before your meeting, please call or FAX and I’ll get back to you immediately!!

(Emphasis added).

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Bluebook (online)
42 Cont. Cas. Fed. 77,343, 41 Fed. Cl. 353, 1998 U.S. Claims LEXIS 154, 1998 WL 404928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenney-v-united-states-uscfc-1998.