Free Response to Cross Motion - District Court of Federal Claims - federal

Case 1:98-cv-00868-FMA

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Friday, Mar11, 200501:48PM

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Friday, Mar11, 200501:48PM

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IN THE UNITED STATES COURTOF FEDERALCLAIMS L.P. CONSULTING GROUP,INC., )

)
Plaintiff, v. THE UNITED STATES, Defendant. )

)
) No. 98-868C

)
) (Judge Allegra)

)
) DECLARATIONOF PAUL STEINER I, Paul Steiner, under penalty of perjury, do herebystate that the followingstatement is true and con'ect: 1. I reside in Naperville, IL. I previously was employed the USPS by Central Region, Central Illinois District, located in BedfordPark, IL, as a contract armuitant, and worked a Program as Manager contracting officer Robert Rigsby for approximately 10 monthsfrom June 1995 to the end for of March1996. I previously had been employedby the USPS,madI retired in 1992. I ammakingthis declaration with regard to myworkas a ProgramManager Mr. Rigsby. for 2. As a ProgramManager,I madesite visits with contractors which had Indefinite Quantity Contracts ("IQCs"), including L.P. ConsultingGroup,Inc. ("LP"), for the purposeof preparing draft workorder/scopes of workwith the IQCcontractor. This was a combinedeffort where the IQC contractor and I together wouldestimate the quantities of each item. As a programmanager,I made various site visits with Mr. Battaglin of LPfor the purposeofscoping out workthat might be done at the site. I nevertold Mr. Battaglin that LPwould the workif it made get site visits and assisted in preparing draft workorders/scopes of work. I told Mr. Battaglin that there wasno guarantee that LP wouldget the workthat we were scoping, and Mr. Bataglin knewthat there was no guarantee. He

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suggested and welcomed opportunity to scope the workin hope of getting a workorder at a future the date, but no guarantee wasever indicated. 3. I have examinedthe documentscontained in the Government's appendix at pages 612 to 664, and nay handwriting is not on any of those documents. Onedocument, App. 661-62 (Hoopeston Ramp),is dated August1, 1996, which is after I workedfor the USPS.Another document,App. 663-64 (Hoopeston Exterior Ramp),has on it a contract no., 96-B-0098,and that contract wasnot awardedto LP during the time that I workedfor the USPS.Another document, App. 626-28 (Papineau), also has on it contract no. 96-B-0098.I do not recall receiving the documents pages at 654-660from Mr. Battaglin and they do not contain any of myhandwriting. 4. I remember makinga site visit with Mr. Battaglin to the Hoopeston Post Office. I told Mr. Battagtin that there wasno guarantee that LP wouldget any workthat wasscoped. 5. I do not recall making site visits with Mr. Battaglin to the UnionHill Post Office, the Aroma Park Post Office, the PapineauPost Office, and the BradleyPost Office. 6. I have examined draft workorder attached to mydeclaration for the East Ly~m the Post Office. I remember makinga site visit with Mr. Battaglin to the East Ly~m Post Office, and we prepared a draft workorder at the site. My handwritingis in the quantity column the extend price and column,and in the subtotals, and the total of"$12,668.30."I also wrote the date, 11-14-95, and the words "East Lynn"and "ExpenseP/A." Based upon nay review of the document,I believe this draft

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workorder wasprepared by Mr. Battaglin and metogether at the site, and that weprepared it on November14, 1995.

I declare under penalty of perjury that the foregoingis true and correct. Executed .:3 ~ on ~-i'2"- Z).-q

Paul Steiner

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TERRA

C ONST~::~UCTION

;V~O~ECT AU'~HOIILZATLOI/ IVO.

] CHANGE CODE

LR Consulting Group, Inc. 10401 S. 75th Ave. Palos Hills, IL 60465-2015
DATE

I.

EXHIBIT

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.,

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su~rOTAL

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Case 1:98-cv-00868-FMA

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SU~FOI'AL 4ULnPUEP.

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IN THE UNITED STATES COURTOF FEDERALCLAIMS L.P. CONSULTING GROUP,INC., )

)
Plaintiff, v. THE UNITED STATES, Defendant. )

)
) No. 98-868C

)
) (Judge Allegra)

)
) DECLARATION OF SAMUEL W. SOUTHERN I, SamuelW.Southern, under penalty of perjury, do hereby state that the following statementis true and correct: 1. I have been employed the USPS by Central Region, Central Illinois District, located in BedfordPark, ]L, as a Facilities Specialist from August1986. I worked a Facilities Specialist as for contracting officer Robert Rigsbyfrom the trine that he becameManager Administrative of Services for the USPS Central Illinois District Office, BedfordPark, in about December 1992 until his retirement in March1999. I ammalting this declaration with regard to myworkas a Facilities Specialist for Mr.Rigsby. 2. Becauseof medical problems, I have been on leave from the USPS extended for periods of time, especially in 1996. I wason leave for part of January 1996, and from approximately March6 to 12, 1996. I was hospitalized for back surgery and was on leave from approximately July t7, 1996 to September13, 1996. I was on leave from approximately December 1996 to January 3, 1997. I was on leave again in 2000 for another surgery. I also 28, xvas out ofxvorkfor disability from Febrttary 2003until October22, 2005, when returned to I ~vork on a part time basis. I had back surgery again in March2004. 3. As a Facilities Specialist, I madesite visits for the purposeof preparingdraft work

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orders/scopes of work. I also madesite visits for the purposeof preparing draft work orders/scopes of workwith contractors that had Indefinite Quantity Contracts ("IQCs"), including L.P. Consulting Group,Inc. ("LP"). In those cases whereI madea site visit with an IQC contractor, wetogether wouldestimate the quantities of each item for a proposedproject. I made site visits with Mr. Battaglin of LPfor the purposeof scopingout projects that mightbe doneat the site. Mr. Battaglin also madesite visits on his own, without USPS project managers.I never told Mr. Battaglin that LP wouldget the workor receive a USPS workorder, if LP madesite visits on its own,or with myassistance, and prepareddraft workorders/scopes of work. I told Mr. Battaglin that there was no guarantee that LP~vouldget the workthat wewere scoping, and Mr. Bataglin knewthat there was no guarantee that LP wouldreceive a USPS workorder for a project that LP had scoped. 4. I remember making site visit with Mr. Battaglin to the St. AnnePost Office, but do a not recall the date of that site visit. I understand that Mr.Battaglin asserts that he and I made site visits to both the St. Anneand Momence Offices on May24, 1996. I kept a diary with Post regard to mywork, and have reviewednay diary with regard to this allegation by Mr. Battaglin. My dairy for May 1996 states "meet" with Mr. Battaglin, but does not mentionSt. A~me 6, or Momence, any site visits. Mydiary for May21, 1996, mentions LP but does not mention St. or Anneor Momence. diary for May24, 1996, does not indicate any site visits on that date and My does not mention St. Anneor Momence. diary for May31, 1996, states "Go to Milford-Rich My Bataglin." Mydiary for June 5, 1996refers to LP site visits and Paxton, Rantoul, Milford, mad Chebanse.My diary for June 6, 1996 states "site left to visit" and mentionsMomence St. and Anne. Accordingto myappointmentschedule for June 6, 1996, I was supposedto be at St. A~me - 2

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at 10:00 a.m. Mydiary for July 3, 1996 states "TodayReviewMomence Facility." Copies of these pages of mydiary are attached to mydeclaration. App. 1038-46] 5. I amunsure as to whetherI madea site visit with Mr. Battaglin at the Momence Post Office. I have searchedby records and I cannot find any field notes or draft workorders that indicating that I made site visit at Momence Mr. Battaglin. a with 6. ha our site visit at the St. Anne Post Office, Mr.Battaglin and I preparedfield notes, whichmightalso be called draft workorders, copies of whichare attached to mydeclaration; the first one was for interior workand the second was for a handicap ramp. App.1047-56. the At site visit, Mr. Battaglin providedmewith the form whichalready had infomaationprinted in the item, number,unit measure, and unit price columns. The quantity columnand extend price colunmswere blank whenMr. Battaglin gave methe form at the site visit. Duringour site visit, Mr.Battaglin and I together estimated the quantities for the various items and I wrote the quantity eanountsin the quantity colnnanon the fomaduring the site visit. When estimated we that a particular item wouldnot be needed, I wrote zero in the quantity column that item. On for nay original documents,the numbers the quantity colunms written in pencil and are in my in are handwriting.I kept these original field notes in mypersonal file. 7. I have compared field notes, whichmight also be called draft workorders, with the my draft workorders that are contained in the Government's appendixat pages 584-97, whichI understandto be documents that Mr. Battaglin claims to have prepared for the St. AnnePost Office. Myfield notes madMr. Battaglin's draft workorders are not identical. Mydocument

3_ "App," refers to pages of the Government's appendix. 3

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(App. 1047) states "32" hours of"misc, hourly labor carpenter" while Mr. Battagtin's document states "160" hours for the same item at page 584 of the Government's Appendix. Mydocument (App. 1048) state "32" hours of rough carpentry hourly labor while Mr. Battaglin's document states "160" hours for the same item at page 585 of the Government's Appendix. Mydocument (App.1049) states zero for dry~vall casing bead, while Mr. Battaglin's document states "275" for the same item at page 586 of the Government'sAppendix. Mydocument(App. 1051) states "68" for furnish and install #12 wire, while Mr. Battaglin's documents state "78" for the sameitem at pages 588 and 597 of the Government'sAppendix. 8. With regard to a proposedSt. Annehandicap ramp, myfield notes and Mr. Battaglin's document not identical. For the "demolition back~aoe"item, nay document are (App.1053)states "8" hours while Mr. Battaglin's documentstates "16" hours at page 589 of the Government's Appendix. For the "misc. hourly labor mason"item, mydocument(App.1053)states 10 hours while Mr. Battaglin's documentstates "36" hours at page 589 of the Government's Appendix. For the "mis. hourly labor carpenter" item, mydocument (App. 1053) states "8" hours while Mr. Battaglin's document states "40" hours at page 589 of the Government's Appendix.For the "hauling, truck, driver" item, nay document (App.1054) states "8" hours while Mr. Battaglin's documentstates "16" hours at page 590 of the Government'sAppendix. Mydocumentdoes not state an anaount for premium time, ~vhile Mr. Battaglin's document includes an additional amount for premiumtime at page 590 of the Govermnent's Appendix. 9. LP had the following IQCs: 162630-96-B-0098, awardedJune 3, 1996, for North Central ]L area, zip codes 604, 605,609; 162640-96-B-0094, awardedJune 6, 1996, for Peoria, IL area, zip codes

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613, 614, 615, 616, 617; 162640-94-B-0083, awardedMay18, 1994, for North Central IL area, zip codes 604, 605, 609. ApI~. 43, 52-54, 155-57. TheseIQCshad two-year terms, 10. I did not direct Mr.Battaglin to perform site visits and submitdr-,d~ work orders at or near the end o£the term of IQC162640-94-B-0083 with ~e understanding that LP would receive a USPS workorder for those projects, I never told _Mr.Battagl.in that LPwouldbe issue/work orders for projects, ifLP performed site visits and submittedworkorders for. those projects. There was never any promise, guarmxee,or statement by meto .Va-. Battaglin that LP would receive a USP workorder if it made site visit madprepared a dra~ workorder, with or without S a myassistance. t 1. OnMarch16, 1999, I was first appointed a Contracting Oftieer for the USPS. have I never promisedor stated to Mr. BattagIin that LP wouldhe issued a USPS workorder if it made a ~ite visit ~d prepareda draft workorder for any project, I declare under penalty of perjury tha~ the foreg~ngis u'ue and correct. //

SamueI W. Southern

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Suaday

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Monday
May1996
-~..b_A)l~

] 2 3 5 6 7 8 9 IO 12 13 14 I5 16 17 19 20 21 22 23 24 27 28 29 30 31 . 26

.t I1 18 25

Earl}., Morning

7

10 11 12

2 3 4 5 6 7 8
Evening

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Tuesday May i996

1040

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1041

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152ndOav 214Left We~k22

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V~ednes~ay June1996

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6

Thursday June I996

30 2 9 16 23

3 10 17 24

4 11 18 25

5 I2 19 26

6 13 20 27

7 14 2I 28

I 8 15 22 29

Karly Momiag

7

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Thehang~v lore is m~h diff~.~dtIo for re~e remote the hanger bre~d. than for

Thursday June1996

6

1045

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¯ Agenda~ (telephone,

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Wednesday

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July I996

1046

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i

"~ERIVl

CONSTRUCTION

COb~TRACT

WOR.

K

U.S:

I~.TAL

SERVICE

L.P. Consulting Group,lnc. 10401 S. 75th Ave. Palos Hills, IL 60465-20~5
( DAT~"

AMOUNT

TOTAL

1047

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Case 1:98-cv-00868-FMA

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