CONSTRUCTIVE NOTICE IS HEREBY SERVED ON THE SECRETARY OF DEFENSE

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The Institute for Complexity Management

        Making the complex simple

                 August 7, 2014

VIA CERTIFIED RETURN RECEIPT MAIL

The Honorable Ashton B. Carter

Secretary of Defense

1400 Defense Pentagon

Washington, DC 20301-1400

SUBJECT: CONSTRUCTIVE NOTICE IS HEREBY SERVED ON THE SECRETARY OF DEFENSE

Dear Secretary Carter:

The Institute for Complexity Management is a non-profit charitable organization that provides pro-bono assistance to small companies that become the victims of unfair government competition.   In December 2013, we were contacted by, Mr. Wesley C. Schneider, the President of a small business called Wesleyan company asking us to conduct an independent review of alleged procurement fraud perpetrated against him by the U.S. Army and the U.S. Marine Corps.

On November 3, 2014, we wrote a letter to Representive Sam Johnson bringing the matter of Wesleyan Company to his attention since Mr. Schneider is his Texas constituent.  On November 5, 2014, we wrote a similar letter to Texas Senator Ted Cruz.  Both Representative Johnson and Senator Cruz urged us to file a complaint directly with the Department of Defense (DOD) Office of Inspector General.

On December 1, 2014, ICM filed a formal complaint directly with the DOD Office of Inspector General (DOD-IG). The DOD-IG declined to investigate and instead referred the matter back to the U.S. Army to investigate itself.  The DOD-IG and the U.S. Army did not respond to any of our further inquiries.

Because we received no response to our inquiries, we then wrote another letter to Mr. Frank Kendall, Under Secretary of Defense (Acquisition, Technology and Logistics), asking for the opportunity to meet with his staff.  Mr. Kendall did not respond to our letters or inquiries.

In an attempt to right the serious miscarriage of justice suffered by Mr. Schneider, please find enclosed a Constructive Notice served personally on you pursuant to the Uniform Commercial Code and the laws of the United States.  The Constructive Notice contains an affidavit of truth with 88 statements of fact and 87 evidentiary exhibits demonstrating the egregious harm suffered by Mr. Schneider.

Under law, you are provided 30 business days from the date of service of the enclosed Constructive Notice to rebut the facts as presented in the accompanying affidavit of truth.  Please be advised that any rebuttal of the facts as presented must be personally signed by you.

After you have had the opportunity to review the facts of this matter, we hope that you will instruct those responsible within the Department of Defense to initiate mediation with Mr. Schneider, using an independent arbiter, to achieve a fair and just outcome in this matter.

Thank-you for your personal attention to this important matter.

Sincerely yours,

John's Signature

John H. Hnatio, EdD, PhD

Executive Director

cc:   Mr. Wesley Schneider

       Representative Sam Johnson, TX (3rd)              

       Senator Ted Cruz, TX

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