Free Exhibit List - District Court of Federal Claims - federal

Case 1:05-cv-00376-RHH

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MANHATTAN CONSTRUCTION COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-376C (Judge Robert H. Hodges)

JOINT TRIAL EXHIBIT LIST Pursuant to the Court's September 29, 2006 scheduling order and ¶ 16 of Appendix A of the Rules of the Court of Federal Claims, the parties respectfully file the attached list of exhibits to be used during the trial in the above-captioned matter. The parties reserves their right to amend this list as permitted by the Court as trial preparation continues. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director s/ Adam C. Harrison, Esq. ADAM C. HARRISON, ESQ. Harrison Law Group 40 W. Chesapeake Ave., Suite 600 Towson, MD 21204 410-832-0000 410-832-9929 (Fax) s/ Leslie Cayer Ohta LESLIE CAYER OHTA Trial Attorney Commercial Litigation Branch, Civil Division Department of Justice 1100 L Street. NW Washington, D.C. 20530 202-307-0252 202-307-0972 (Fax) Attorneys for Defendant

November 16, 2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS MANHATTAN CONSTRUCTION COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 05-376C (Judge Robert H. Hodges)

JOINT TRIAL EXHIBIT LIST Exhibit Number General JE001 Beltsville Human Nutrition Research Center Contract with Manhattan Construction Company ("MCC"), Sections A through G.6 Beltsville Human Nutrition Research Center Contract with MCC, Specification Section 15182, Steam and Condensate Piping Beltsville Human Nutrition Research Center Contract with MCC, Specification Section 15854, Central-Station Air Handling Units Beltsville Human Nutrition Research Center Contract with MCC, Specification Section 15140, Domestic Water Piping Beltsville Human Nutrition Research Center,: Phase 1 Drawings: C001; E400; G001; M001; M301, M401, M702, M703, M704; M801; M802; P001;P200; P201 Beltsville Human Nutrition Research Center, Phase 2 Drawings: E400; G001; M001; M301, M401, M702, M703, M704; M801; M802; P001;P200; P201 Submittal Number 15140-004-00, Hot Water Heat Maintenance System Submittal Number 15182-001-00, Other Steam Specialties (Steam Traps for Risers) Submittal Number 15181-003-00, Steam Piping Shop Drawings Description

JE002 JE003 JE004 JE005

JE006

JE007 JE008 JE009

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JE010 JE011 JE012 JE013 JE014 JE015 JE016 JE017 JE018 JE019 JE020 Issue: Steam Trap At High Pressure Riser ($4,757)(RFI 307) JE021

Submittal Number 15854-001-01, Air Handling Units Submittal Number 15140-300-00, Plumbing Shop Drawings Submittal Number 15775-002, Heat Trace System FAR 52.236-21(a) (in case of difference between drawings and specifications, the specifications govern) 1995 International Plumbing Code, Section 608, Hot Water Supply System Subcontract between MCC and Caigeann Mechanical Company, Inc. ("Caigeann"), dated September 17, 2001 Expert Report of Kevin Tracy for Caigeann, dated August 17, 2006 Resume of Kevin Tracy Expert Report of Kenneth McLauchlan for the United States, dated September 14, 2005 Expert Rebuttal Report of Kenneth McLauchlan for the United States, dated September 5, 2006 Resume of Kenneth McLauchlan

RFI 307, dated October 30, 2002, regarding the need for a steam trap at the high pressure riser serving the second floor autoclave, with the response of the Agriculture Research Service ("ARS"), dated October 30, 2002. Letter from Caigeann to MCC, dated November 15, 2002, acknowledging receipt of the response to RFI 307 Letter from MCC to Caigeann, dated November 19, 2002, transmitting ARS's response to RFI 307, and requesting a cost proposal Fax from Caigeann to TBN, dated November 22, 2002, requesting cost proposal for additional work Letter from Caigeann to MCC, dated December 9, 2002, transmitting Caigeann's cost proposal in the amount of $3,887. 3

JE022 JE023

JE024 JE025

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JE026 JE027 JE028

Letter from MCC to ARS, dated December 9, 2002, seeking $4,757 for the installation of a steam trap at the high pressure riser Letter from ARS to MCC, dated December 12, 2002, directing MCC to install the steam trap at the high pressure riser Letter from MCC to Caigeann, dated December 17, 2002, directing Caigeann to install the steam trap at the high pressure riser Letter from Caigeann to MCC, dated June 30, 2003, requesting a contracting officer's final decision ("COFD") COFD, dated March 17, 2004, denying MCC's claim for $4,757 Letter from MCC to Caigeann, dated April 21, 2004, transmitting the March 17, 2004 COFD

JE029 JE030 JE031 Issue: Steam Traps at Low Pressure Risers ($11,915)(RFI 255) JE032

RFI 255, dated July 22, 2002, regarding the need for steam traps at the base of the low pressure steam risers serving the attic, with ARS's response, dated July 26, 2002 Letter from Caigeann to MCC, dated November 20, 2002, submitting its cost proposal in the amount of $9,877 for the installation of steam traps at low pressure risers serving the attic Letter from MCC to ARS, dated November 22, 2002, requesting $11,915 to install steam traps at low pressure risers serving the attic Letter from ARS to MCC, dated December 12, 2002, directing MCC to install steam traps at the low high pressure risers serving the attic Letter from MCC to Caigeann, dated December 17, 2002, directing Caigeann to install steam traps at the low pressure risers serving the attic Letter from Caigeann to MCC, dated June 30, 2003, requesting a COFD regarding the installation of steam traps at the low pressure risers serving the attic

JE033

JE034

JE035

JE036

JE037

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JE038

Letter from MCC to ARS, dated November 4, 2003, requesting a COFD regarding the installation of steam traps at the low pressure steam risers serving the attic COFD to MCC, dated March 17, 2004, denying MCC's request for additional funds for costs incurred for the installation of steam traps at the the low pressure risers serving the attic Letter from MCC to Caigeann dated, April 21, 2004, informing Caigeann of the COFD

JE039

JE040 Issue: Piping for Stacked Coil AHUs ($23,158)(RFI 242) JE041

RFI 242, dated June 5, 2002, requesting a detail drawing for piping for the Air Handling Units ("AHU") with stacked arrangement, with ARS's response, dated June 25, 2002 Letter from Caigeann to MCC, dated November 6, 2002, submitting its cost proposal in the amount of $19,181 for costs incurred in providing additional piping for the stacked coil AHUs Letter from MCC to ARS, dated November 11, 2002, requesting $23,138 for costs incurred in providing additional piping for the stacked coil AHUs Email from the contracting officer transmitting an email from a Jacobs' engineer to ARS recommending that MCC's November 11, 2002, claim be denied Letter from ARS to MCC, dated December 12, 2002, directing MCC to install the additional piping needed for the AHU's with stacked coils Letter from MCC to Caigeann, dated December 17, 2002, directing Caigeann to install the additional piping needed for the AHU's with stacked coils Letter from Caigeann to MCC, dated June 30, 2003, requesting a COFD regarding its claim for funds to cover the costs incurred to install the additional piping needed for the AHUs with stacked coils Letter from MCC to ARS, dated November 4, 2003, requesting a COFD

JE042

JE043

JE044

JE045

JE046

JE047

JE048

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JE049 JE050

COFD to MCC, dated March 17, 2004, denying MCC's request for additional funds Letter from MCC to Caigeann, dated April 21, 2004, informing Caigeann of the COFD

Issue: Installation of Heat Maintenance Cable ($17,195) (RFI 278) JE051 JE052 JE053 JE054 JE055 Fax to Caigeann, dated February 22, 2002, with Thermon's quote of $6,600 for heat maintenance cable RFI 278, dated August 20, 2002, regarding the need for heat maintenance cable, with ARS's response, dated August 23, 2002 Fax from Jacobs to ARS, dated August 22, 2002, responding to RFI 278 Fax from MCC to Caigeann, dated August 23, 2002, directing Caigeann to install the heat maintenance cable Letter from Caigeann to MCC, dated September 6, 2002, stating that additional costs would be incurred to install the heat maintenance cable in accordance with RFI 278 Letter from ARS to MCC,dated September 9, 2002, directing MCC to install the heat maintenance cable Letter from MCC to Caigeann, dated September 10, 2002, directing Caigeann to install the heat maintenance cable Letter from Caigeann to MCC, dated September 13, 2002, informing MCC of its intent to file a claim for the costs incurred in installing the heat maintenance cable Letter from Caigeann to MCC, dated September 24, 2002, transmitting the submittal for the heat maintenance cable Letter from Caigeann to MCC, dated November 6, 2002, with its cost proposal in the amount of $19,571 for the installation of the heat maintenance cable Letter from MCC to ARS, dated November 11, 2002, requesting $23,608 for the installation of the heat maintenance cable 6

JE056 JE057 JE058

JE059 JE060

JE061

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JE062 JE063 JE064

Letter from Caigeann to MCC, dated June 30, 2003, requesting a COFD regarding the installation of heat maintenance cable Letter from MCC to ARS, dated November 4, 2003, requesting a COFD COFD to MCC, dated March 17, 2004, denying MCC's request for additional funds for the installation of the heat maintenance cable Letter from MCC to Caigeann, dated April 21, 2004, informing Caigeann that its request for additional funds for the installation of the heat maintenance cable had been denied by ARS Photographs

JE065

JE066

7