Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 1 of 40

IN

THE

UNITED GROUP,

STATES INC.,

COURT

OF FEDERAL

CLAIMS

CONSULTING

Plaintiff, No. 98-868C Allegra)

)
THE UNITED STATES, Defendant. DECLARATION Terri that the Jacobsen, under OF TERRI penalty is true JACOBSEN of perjury, and correct do hereby to the best state of (Judge

following and

statement belief:

my knowledge I. I am Service at the 2. August dollars. Manager Center

a contracting of the

officer

with

the My

United office

States is

Postal

("USPS" Great Most 27,

"Postal

Service"). Service been

located IL.

Lakes

Facilities I have my current I also of

Office

in Bloomingdale, officer five million as

recently, and to

a contracting is for

since

2001,

warrant was

Prior of in

this,

a contracting - Chicago documents and

officer

the

Contracting 1990-1992. in

Support of are

Facilities

Service

Copies

the

specifically are referred to as

referenced "App. 3. In ("LP") App.

my declaration

attached

May

1994,

the

USPS

awarded Contract

LP Consulting No.

Group,

Inc.

an Indefinite The

Quantity had had

162640-94-B-0083. App. 37. Contracts 162640-96-B-

41-49.

contract LP Postal

a two-year Indefinite

term.

4. Thereafter, ( "IQCs" with the

two

Quantity numbered

Service,

contracts

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 2 of 40

0094

and

162640-96-B-0098. into these two IQCs

App. with 54,

52-153, LP

155-256.

The

USPS June 3,

entered 1996, year the

on June 157.

6, 1996, Both

and

respectively. terms and App. this are

App.

52,

155,

IQCs in work

had

two-

required 57, 64,

a minimum 160, LP that 167. and the

of $i0,000.00

during

term. 5. In

lawsuit,

its

vice

president failed to

Richard to the a claim (2) enclosure, 32-34. in issue LP

Battaglin work order

claiming

Postal

Service By letter LP Post Grove

contracts officer with (I)

for dated the ramp,

12

projects. 3,

contracting connection Hoopeston and This App. (4) was 26. 6. 1998, Park LP By

March

1998,

submitted Office, dock

Berwick (3) ramp the and

Modular Downers dock 1998

handicap the

Brookfield on

enclosure. with

App.

resubmitted

April

13,

a certification.

letter

to

the

contracting claim building in

officer connection renovation, (7)

dated with (6) the (8) ramp

April (5) the Bradley the and and

13, the Aroma

submitted

another and

interior

lobbies lobby and

Beaverville concrete building

building and (9)

renovation,

ramp,

lobbies

building Momence

renovation, concrete

East lobby

Lynn

renovation, (i0) the St. the

the

renovations, ramp, (II)

Papineau concrete Union

interior and Hill

renovation and and

concrete

Anne

asphalt interior

interior exterior ramp.

renovations, App. 29-31.

and

(12)

the

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 3 of 40

7.

By

letter officer

dated

August

ii,

1998,

LP

submitted the 3,

to

the

contracting previously April 13, 8. for

amended in LP's 26-28. the

certifications letters dated

for

claims 1998 and

submitted 1998. App.

March

I have

reviewed regarding to the the

Postal IQC

Service's contracts

files referred and the

and to

records above.

information had

LP's Postal

I have

access all of

Service's projects

files in

records Central Service's the following Modular Downers enclosure; (6)

concerning Illinois files and

construction have

District. records referred (2)

I also for to the any in

reviewed

the

Postal to

information claims: handicap

pertinent (i) the

projects Post Grove (5) the

LP's

Berwick (3) and the dock

Office; dock the

Hoopeston (4) the

ramp; ramp

enclosure; Park

Brookfield and

Aroma

interior and and (9)

lobbies building building Momence

building

renovation; (7) (8)

Beaverville ramp,

lobby lobbies

renovation; renovation; concrete

the Bradley the and and East lobby concrete Lynn

concrete building

renovation; (i0) St. the

the

ramp

renovations; ramp; (ii)

Papineau

interior and asphalt Hill based

renovation and

Anne

concrete the

interior and review exterior of such ramp.

renovations; I am providing documents and

and

(12)

Union

interior upon my

this

statement

information. LP's IQC Contracts Robert Rigsby was designated

9.

Former

contracting

officer

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 4 of 40

as

the

USPS under the

contracting LP's IQC

officer contracts.

with App. none

authority 50, 52,

to issue 155,

work

orders During

385-86.

1995-1999 possessed Paul Marks.

time any

frame,

of the

following Bruce and

individuals Rothermel, Catherine first to

contracting Lois Gunlogson,

authority: Jesse

Steiner, Samuel

McNabb,

Southern,

a USPS on

Facilities March 16,

Specialist, 1999 and, prior

received time,

contracting he did not

authority have any

that

contracting

authority.

App.

282-83. i0. and both LP's IQC contracts the were indefinite of Work" quantity clause which contracts provided

contained

"Quantity

as follows: a. The initial contract value is $300,000 where the total quantity of work ordered during the term of this contract will not be less than $i0,000 nor more than one million dollars ($i,000,000) d. The Postal Service reserves the right to undertake, by Postal Service sources or others, the same type of work or similar work as contracted for in this contract, in the area covered by this contract, while this contract is in force. App. 57, iio the 160. LP's two IQC contracts contained all the a price work terms on schedule or and

"contractor to and for

agree[d] in

to perform with

included of the price

ordered of

pursuant the

accordance unit

conditions schedule

contract

the

prices

listed

the

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 5 of 40

times

the

multiplier

listed

below:,

multiplier:

.850."

App.

54, 157. 12. done on LP's work IQC contracts issued both provided and that "work as will be

orders

as required"

stated

follows:

The price per unit of each proposal item in this contract will include all materials, labor, and equipment required to perform the work described in the attached specification. The work will be done on work orders issued as required for various amounts and types of work covered by the specification. The work ordered under this contract will be performed in, on, or adjacent to Postal Service-owned or -leased facilities within the geographic area as specified elsewhere in this solicitation. App. 64, 167. for LP's the two IQC contracts of "work contained Orders," specific which stated as

provisions follows:

issuance

a. No work will be performed until a written work order has been signed by the contracting officer and written Notice to Proceed with the work under the work order has been issued by the contracting officer and received by the contractor. Any work performed by the contractor under a work order before receipt of the written Notice to Proceed for that work order will be at the contractor's own risk. b. Each work order will describe the extent of work to be removed and the extent and type of new work to be installed. Descriptions may be written, by sketch or by drawing. Each work order will give the location where work is to be performed, state whether work may be performed during regular working hours, and describe the requirements for submittals. Submittals may include

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 6 of 40

certificates, shop drawings, manufacturer's literature, data, test reports, and/or other documents that provide required information on the material or equipment. c. Each work order will at a single facility. g. The maximum is $250,000. amount of be limited to work

any

one

work

order

h. No work may be ordered for a new building construction except for site preparation and/or foundation work for a preengineered building purchased directly from the manufacturer. App. 65, 13. $i0,000.00 381, 410-22. Best 14. award Postal Postal Value To Postal Service contracting the best officers value Manual that or quoter on the who to to the 168. LP in received work more than the the term contract of each minimum IQC of App.

during

contract.

Service to the

policy offeror

directs who the

contracts Service.

offers USPS

Specifically, effective are to the

Procurement directs proposer

(Publication "[s]implified offers product the or

41),

July

12,

1995, to the

purchases best value

awarded Postal

Service. and by the

Depending of the award

service best of

being value price or

purchased is obtained with

needs

requiring on price

organization, or

basing

the

a combination

price-related App. 260. The

factors,

other Manual

evaluation

factors,

both."

Procurement

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 7 of 40

further solicited at least App.

requires from three)

that

"[p]roposals number that the

or quotations of qualified price is fair

must sources and

be (normally

a sufficient to ensure

reasonable."

260. 15. The USPS Purchasing the Manual (Issue Manual by the The be I), and effective January for

31, 1997, simplified "Commercial directs offering Manual

replaced purchases

Procurement replaced App.

the

provisions entitled Manual suppliers Purchasing

were

section

Purchasing."

265-73. awards

Purchasing made to The

contracting the directs best that

officers value to

that the

Postal

Service.

"[t]he of past

supplier-specific performance and

performance supplier which capability of

evaluation must always

factors be

evaluated offer must

when the

determining value price."

suppliers

commercial Evaluations "[f]or many

items also

best

to the App.

Postal 267.

Service. Further, performance to determine Service."

consider items price the

commercial factors is and

supplier-specific be sufficient value to the that

evaluation which App.

should best also from

supplier 270. The

offering

the Manual

Postal

Purchasing must be to

directs

" [p]roposals number App. for Construction all of 267.

or quotations qualified 16. convenience Handbook,

solicited ensure must

a sufficient

suppliers USPS

adequate contain the 1991,

competition." a termination Design requires and

contracts

clause. RE-14 TL

Specifically, 4, dated June

that

- 7

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 8 of 40

contracts 274, 275,

contain 279. for The

a termination Purchasing items 270, Lvnn

for Manual

convenience also

clause. that for

App. all

requires

contracts convenience

commercial App. East

contain 272. Post

a termination

clause.

Office a contract Post for the IL. building

17. renovation

The

USPS

has at

not the

awarded East Lynn

project

Office,

Beaverville 18. building The USPS has not

Post

Office for a lobby Office, and IL.

awarded at the

a contract Beaverville Office a contract Papineau

renovation

project Papineau

Post

Post

19. renovation

The

USPS

has

not

awarded at the Post

for Post

interior Office, IL.

and

concrete St.

ramp Anne

Office a contract at the St. for Anne concrete, Post Office,

20. asphalt, IL.

The and

USPS

has

not

awarded

interior

renovations

Union 21. and The USPS ramp has not

Hill

Post

Office a contract Post Post bids Berwick for the IL. interior

awarded Union Hill

exterior

at the

Office, Office for

Berwick 22. adaptation and (2) the In 1996, and the USPS

Modular solicited for and the

(i)

the Post St.

site Office David

preparation adaptation

Modular for the

site

preparation

Case 1:98-cv-00868-FMA

Document 87-3

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Page 9 of 40

Modular 24, bid 1996, to

Post WM.

Office. Aupperle for

App. and

302-03, Sons

305-07, ("WM. and

466-71. Aupperle")

On

October submitted of the

Inc.

the

USPS

the

site

adaptation On

preparation 23, 1996,

Berwick Aupperle for the 23.

Post

Office.

App.

302-03. to the

October in the

WM.

submitted St. On David or

a bid Post

USPS App. 17,

amount

of $43,087.00

Office.

470-71. 1996, to LP, the through USPS for Richard (i) the

about

September draft work

Battaglin, site

submitted and the

orders for the and

adaptation and Post for (2)

preparation site

Berwick

Modular for LP's

Post the draft of St. App. St. work

Office, David order

adaptation App. Office LP's the

preparation 466-69. the total for

Modular the

Office. Post

305-07, was in work amount

Berwick

amount the

$30,660.83. David 466-69. 24. officer On Post

App. Office

305-07. was in

draft total

order

of $37,904.86.

November Rigsby, the

26,

1996,

the

USPS,

through in the

contracting amount work of for the

Robert for

awarded

a contract and

$29,165.00 Berwick 25. Robert for the

site to

adaptation WM. Aupperle. the site

preparation App. 304.

Post In

Office December

1996, the

USPS,

through and

contracting preparation order amount under of 17,

officer work its IQC

Rigsby, St. no.

awarded Post

adaptation

David

Office

to LP for

as a work the total

contract

162640-96-B-0094, App. 472-77.

$31,932.63.

By letter

dated

December

1996,

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 10 of 40

contracting to complete proceed.

officer the work

Robert in 30

Rigsby days

directed its

LP to receipt

begin of the

work

and to

from

notice

App.

478. HooDeston Post Office 12, Handicap 1996, in Ramp response the Associates Quantity confirming ("A.M. Contract that ramp, from it to an oral

26. request

By letter from

dated

August officer of A.M.

contracting firm held the best

Robert Fernandez A/E

Rigsby, and

Architect/Engineer Fernandez"), with would prepare the which

a Basic

Indefinite officer an

USPS,

wrote the

contracting location and to for

determine design

accessibility three

drawings,

obtain

at least the

estimates officer to

prospective award

contractors for by the

enable

contracting of a ramp at

a contract all

installation 4, 1996.

various The

postal postal

facilities, offices Office, App.

September in the

App. the

387-94.

identified the Bradley

letter Office,

included and the

Hoopeston Post

Post

Post

Paxton

Office.

393-94. 27. Bids were submitted by ramp September at the 4, 1996 for the Office. Ulbrich &

installation App. 393,

of a handicap By

Hoopeston 3, for PNL

Post 1996, the

355-58. Inc. By

letter

dated bid

September

Associates, App. ("PNL By 358.

("Ulbrich") dated bid

$88,179.00 28, 1996, the

project. Inc. 357. Inc.

letter

August $88,500.00 3, 1996,

Enterprises, App.

Enterprises") dated

for

project.

letter

September

Phoenix

Construction

Co.,

i0 -

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 11 of 40

( "Phoenix" dated for August

bid 31,

$88,350.00 1996, App.

for

the Inc.

project.

App.

356. bid

By

letter

Ramcorp, 355. 5 and 6, of

("Ramcorp")

$97,854.00

the 28.

project.

On September for

1996, the

the

USPS

solicited ramp at to the

best

and

final

offers

installation App. final

handicap The

Hoopeston request handicap between

Post for

Office. and the

359-68. offers for

responses

the

USPS's

best at

installation were bid

of the ranging PNL

ramp

Hoopeston

Post

Office Ulbrich bid

bids

$85,000.00 bid bid

and

$97,854.00: Ramcorp change). dated for to be 28,

$85,000.00; (no

Enterprises and Phoenix 29. Fernandez at the By

$85,500.00; $88,350 (no

$97,854.00 359-68. 20, of

change);

App.

letter

to the the

USPS

September

1996,

A.M. ramp

estimated

costs

installation $96,600.00. the

a handicap 369.

Hoopeston By letter

Post

Office May

App.

30. contracting to award handicap 31. amount ramp at 32. ramp at 33.

dated Robert

1997,

USPS, Ulbrich

through of its intent

officer

Rigsby,

notified for

it

a contract at the 25,

for

$85,000.00 Post USPS for

installation App. 370a.

of the

ramp On

Hoopeston 1997, to the

Office. awarded

July

a contract of the 401-06.

in

the

of $85,000.00 the LP the In Hoopeston was not

Ulbrich

installation App. on 371-72,

handicap

Post invited Post

Office. to bid

the

installation

of

the

Hoopeston late April

Office. Mr.

App.

379. visited the office of

1997,

Battaglin

- II

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 12 of 40

contracting Hoopeston App. to to 379.

officer handicap Mr.

Robert ramp and

Rigsby asked Mr.

and

noticed could

a drawing take that the it

for

the

if he

drawing. too late

Rigsby

informed

Battaglin ramp, but

was

bid take

on the the On

Hoopeston

handicap 379. 19,

allowed

Mr.

Battaglin

drawing. or of about

App. May

34. Rigsby at the

1997,

Mr.

Battaglin of Mr. of the

provided handicap

to

Mr.

a bid

$62,752.00 Post his bid

for

installation App. 370.

ramp Mr. at

Hoopeston that

Office. for

Rigsby

informed ramp letter of

Battaglin the dated

installation was too late.

the

handicap 379. By bid

Hoopeston May 21, for

Post 1997,

Office Mr.

App.

Battaglin of the

reiterated handicap

LP's ramp

$62,752.00 Post Office. 35. a bid at the By

installation 370. dated award

at the

Hoopeston

App. letter of

July

25,

1997,

LP

submitted for the

to

the

USPS ramp

protest

its Post

of the App.

contract 373-75. i0, bid

handicap

Hoopeston By letter

Office.

36. Robert his

dated

September to LP's

1997,

contracting App. other

officer In

Rigsby

responded

protest. among

378-437. things

letter,

contracting

officer

Rigsby

stated:

1 .... The attached solicitation documentation clearly shows that in early August 1996 the USPS acquired the services of A.M. Fernandez & Associates, Architects/Engineers to prepare design drawings for 28 ramps, make distribution to contractors, obtain a minimum of three cost estimates for each facility, and complete all work by September 4, 1996. All bids were

- 12

Case 1:98-cv-00868-FMA

Document 87-3

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Page 13 of 40

received deadline solicited September

by the USPS by the September 4, 1996 and best and final bids were by an acting contract technician on 5 and 6, 1996.

2. The Hoopeston ramp was awarded on July 25, 1997 for $85,000 to Ulbrich & Associates, Inc. who offered the best value to the USPS. The reason for the delay in awarding the Hoopeston ramp was due to an excessively heavy workload and a backlog of other projects. 3. L.P. Consulting Group, Inc. was not invited to bid during this solicitation process. However, in late April, 1997 Mr. Battaglin (L.P. Consulting Group, Inc.) visited my office to drop off some documents and as he was leaving he noticed a drawing for the Hoopeston Ramp on a table near the door and said, "Can I take one of these," and I replied, "It is too late to bid, all decisions have been made," and he said, "Oh that's okay, I just want to see the difference between this and Paxton." In the spirit of cooperation, I permitted him to take the drawing, and on May 19, 1997 I received a bid for the project. I later saw Mr. Battaglin and again explained to him that his bid was "too late" and he replied, "I know, I just wanted you to have it anyway."

i0. . . Since June 7, 1996 to present, a total of $525,609.28 in IQC work orders have been issued to L.P. Consulting Group, Inc. and $i,127,144.67 was issued prior to June 7, 1996. In addition, our records indicate that $119,235.67 was issued in simplified contracts for a grand total of $1,771.989.62. App. had post 379-81. issued office LP Mr. Rigsby also stated that, no on June be 4, 1997, made he

"a letter

demanding to do

that so by

visits

to any Officer."

unless

directed

the

Contracting

- 13

Case 1:98-cv-00868-FMA

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Page 14 of 40

App.

381, 37.

437. On October protest. i, 1997, 438-40. the USPS issued its as decision follows: on

LP's

bid

App.

The

USPS

stated

Although the issue of timeliness has not been raised by any party to this proceeding, we do so sua sDonte because the failure to file a timely protest in accordance with our regulations constitutes a jurisdictional defect which requires that the protest be dismissed. See Holmes Construction Co., Inc., P.S. Protest No. 92-02, February 23, 1992, and decisions cited therein. Purchasing Manual (PM) 3.6.4.d requires that a protest be received not later than ten days after the basis of the protest is known or should have been known. The contracting officer advised Consulting both in April and on May 19 that its proposal would not be accepted. That advice established the basis for Consulting's protest and began the time period within which a protest could be lodged. Ibid. Consulting's protest, received three months after it knew of the basis for its protest, is clearly untimely. Had Consulting's protest been timely it would have been denied. Best and final offers to construct the Hoopeston handicap ramp were received by the Postal Service on September 5 and 6, 1996. Consulting's proposal to construct the ramp was submitted over eight months later. While Procurement Manual 4.2.3.d.2 provides that it is normally in the interest of the Postal Service to consider a late proposal when it offers a significant cost benefit, the regulation also states that " [i]t is not in the interest of the Postal Service to consider any proposal received so late that consideration of the proposal would jeopardize, or give the appearance of jeopardizing, the integrity of the competitive process." It was well within the contracting officer's discretion to conclude that consideration of Consulting's late proposal would give the appearance of

Case 1:98-cv-00868-FMA

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Page 15 of 40

jeopardizing the process. Ibid. App. 439-40 The USPS Bradley 38. the be The USPS,

integrity

of the

competitive

dismissed Post

the

bid

protest. Ramp solicited Bradley bids for to

Office A.M.

Handicap

through

Fernandez, ramp at the

installation submitted 30, by 1996, for

of a handicap September Phoenix 4,

Post By

Office

1996.

App. a bid

309-12. in the ramp

letter of

dated

August

submitted of the

amount at 28, the

$51,700.00 Post Office.

installation 312. By

handicap dated

Bradley Ramcorp of By in at

App.

letter of

August for

1996,

submitted the

a bid

in the at

amount the

$53,210.00 Post

installation App. 310.

handicap dated of

ramp August

Bradley PNL

Office.

letter the the

28,

1996, for

Enterprises

submitted handicap

a bid ramp 29, for

amount Bradley

$48,500.00 Office.

installation 309. in ramp the at By

of the letter

Post

App. a bid

dated

August

1996,

Ulbrich

submitted of the

amount the

of $47,420.00 Post

installation App. 311. 39. final Post

handicap

Bradley

Office.

On September for

5

and

6, of

1996, the The

the

USPS

solicited ramp at the

best

and

offers Office. request ramp

installation 313-15, best and 312.

handicap

Bradley to the of the bid

App. for at

contractors for as

responded

USPS's handicap

final Post bid

offers Office

installation follows: Ramcorp

the

Bradley

Ulbrich bid

$47,400.00;

PNL

Enterprises

$48,300.00;

15

Case 1:98-cv-00868-FMA

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Page 16 of 40

$53,210.00 App. 313-15, 40. on the In

(no

change),

and

Phoenix

bid

$51,700.00

(no

change).

312. August and of September the ramp 1996, at the LP was Bradley not Post invited Office. to bid App.

installation

379. 41. By letter officer dated Robert in the at 23, the August 22, 1997, the USPS, through of its intent

contracting to award of the

Rigsby, amount

notified of

Ramcorp for

a contract handicap ramp

$53,210.00 Post

installation App. 316. on Robert amount By

the 1997

Bradley and

Office.

letter November Rigsby, of

dated 21,

October 1997,

acknowledged contracting

by Ramcorp officer in at the the

USPS, with

through

provided for

Ramcorp

an executed of the

contract ramp

$53,210.00 Post App.

installation and directed

handicap to

Bradley work.

Office 317-22.

Ramcorp

proceed

with

the

Paxton D 42. drawings 481-84. 43. installation App. 481-85. The USPS, of By the In August for

Post 1996,

Office A.M.

Handicap

Ram supplied Post the USPS IL. with App.

Fernandez the

a handicap

ramp

at

Paxton

Office,

through handicap dated

A.M. ramp

Fernandez, at the 28,

solicited Post PNL

bids Office.

for

Paxton 1996, for

letter in the at

August

Enterprises of By

submitted the

a bid

amount the

of $47,250.00 Post

installation App. 481-82.

handicap

ramp

Paxton

Office.

- 16

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 17 of 40

letter amount Paxton Ulbrich

dated

August

29, for App.

1996,

Ramcorp

submitted of the

a bid

in the ramp 30, at the

of $51,975.00 Post Office.

installation 483. in the By

handicap August

letter of

dated

1996,

submitted

a bid

amount

$45,604.00 Paxton Post

for Office. submitted the handicap a

installation App. bid ramp 484. in the at 44. final Post USPS's handicap the On By

of the letter of

handicap dated

ramp

at the

September for App. 1996, of the The

3, 1996,

Phoenix of

amount Paxton

$52,000.00 Office. 6,

installation 485. the USPS

Post

September for App. for at

5 and

solicited ramp at the

best

and

offers Office. request ramp

installation 486-88, best and

handicap contractors for as

Paxton to the

485.

responded

final Post bid

offers Office

installation

of the bid

the

Paxton

follows: Ramcorp

Ulbrich bid (no

$45,600.00; $51,975.00 App. 486-88, 45. on the In

PNL (no

Enterprises change); and

$47,000.00; bid

Phoenix

$52,000.00

change).

485. August and September 1996, ramp LP at was the not invited Post to bid

installation App. By 379. letter officer for in By

of the

handicap

Paxton

Office. 46.

dated Robert

April

30,

1997, a bid

LP

submitted amount

to of Paxton

contracting $42,000.00 Post App. Office 489.

Rigsby of with June the the 12,

in the

installation accordance dated

handicap drawings 1997,

ramp of

at the

A.M.

Fernandez. officer

letter

contracting

17 -

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 18 of 40

Robert contract Office.

Rigsby for App.

notified installation 490. officer On

LP

that

the

USPS

intended ramp USPS, LP the

to

award

it

a Post

of the 28,

handicap the

at the through

Paxton

June

1997,

contracting amount Paxton of

Robert for App.

Rigsby, installation 491. Post A.M. area

awarded of

a contract handicap

in

the at the

$42,000.00 Office.

ramp

Post

Downers 47. sketches Office. solicited Downers November $45,550.00 Grove Warier Post In November

Grove 1996,

Office Fernandez at the

Dock

Enclosure the USPS Post with

provided Downers A.M.

concerning App. bids Grove 20, 341-42. for Post 1996,

the The

dock

Grove

USPS,

through of the

Fernandez, enclosure letter at dated amount at the of Downers 25, the at 1996, the

construction Office. Ulbrich App.

dock By

341-42. a bid dock

submitted of 341. the By

in the

for

construction App. Inc.

enclosure dated

Office.

letter

November in

Enterprises, for Post

("Waner") of

submitted the dock

a bid

amount the

of $46,890.00 Downers 48. Robert the Grove

construction Office. dated App.

enclosure

342. 26, intent for Post 1996, to contracting officer in dock

By letter issued

November of

Rigsby

a notice

award

a contract of the 343. On

amount

of $46,890.00 at the 1997, Downers the

to Waner Grove

construction Office. App.

enclosure January Rigsby,

I0,

USPS,

through in the

contracting amount of

officer

Robert to Waner

awarded

a contract

$46,890.00

18 -

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 19 of 40

for

construction App. LP, 344.

of

the

dock

enclosure

at

the

Downers

Grove

Post

Office. 49. order Office provided 3, 1996,

through August i,

Richard 1996 in USPS.

Battaglin, the amount

prepared Downers of

a draft Grove

work

dated dock it Mr.

regarding total

Post and December

enclosure to the

the

$36,564.99 dated for the

App.

348-49. the

By bid

letter results

Battaglin for the

requested Downers officer 3, LP,

solicitation App. 345. to

Grove

Post

Office

dock did not

enclosure. respond By letter "a in

Contracting the December 17,

Robert

Rigsby App.

writing dated claim App. amount had the

1996

letter. its Post

346.

December concerning 346-50. In

1996,

through Grove LP made it

attorney, Office dock

submitted enclosure." in

the its

Downers letter, the

a claim allegedly App.

for

damages have letter its App. one

the

of $i0,000.00, contract 31, 1997, to 31, the of been LP, the

profit to its

would By

earned dated claim 351. from

awarded through Downers the

LP.

347.

January "with As of

attorney, Dock

withdrew

respect January

Grove USPS

Enclosure." only

1997, Downers

had

received Office

claim

LP regarding the 50. its letter On

Grove

Post

dock 17,

enclosure, 1996. App. also 492-504.

i.e., 346-

LP's 31,

attorney 1997, the LP,

dated

December its

January

through Post Office

attorney, App.

withdrew

claim

regarding

Paxton Post A.M.

Office.

Brookfield 50. In June 1996,

Handica D Ram D prepared drawings for the

Fernandez

19 -

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 20 of 40

handicap USPS, for

ramp

at A.M.

the

Brookfield

Post solicited

Office. the

App.

332, of

334. bids Post Ulbrich

The

through the

Fernandez,

submission

installation App. 332-34. in

of a handicap By letter

ramp

at the

Brookfield 23, 1996,

Office. submitted the

dated

August

a bid

the at

amount the

of $58,500.00 Post

for

installation App. 332.

of By a

handicap dated the the 26,

ramp August

Brookfield Janice for

Office. Corp. of By

letter bid ramp August in at

26,

1996,

Building installation App. 333.

submitted the letter of

amount

of $64,500.00 Post

handicap dated

Brookfield 1996, for Post Waner

Office.

submitted

a bid

in the

amount

$59,874.00 Brookfield 51. officer On

installation Office. App. i0,

of the 334. the

handicap

ramp

at the

September Rigsby,

1996,

USPS,

through in the

contracting amount of at the

Robert

awarded

a contract

$59,874.00 Brookfield 18, the 1996,

to Waner Post the

for

installation App. 335-38. to

of the By

handicap dated

ramp

Office.

letter with

September of

USPS ramp

directed at the

Waner

proceed Post

installation App. 339.

handicap

Brookfield Dock

Office.

Brookfield 52. enclosure solicited enclosure letter In 1996, A.M. Fernandez Post

Enclosure drawings App. 325. for The the dock

prepared Office. for the

at the the

Brookfield of

USPS dock

submission

bids Post

construction App. 325,

of the 329. By

at the July

Brookfield 12, 1996,

Office. Building

dated

Janice

Corp.

submitted

a bid

- 28

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 21 of 40

in the

amount at

of the July for

$64,632.00 Brookfield 23, 1996,

for

construction Office.

of App.

the 325,

dock 328. in the at the By amount

enclosure letter

Post Ulbrich

dated

submitted dock

a bid

of $77,512.00 Brookfield 53. officer On

construction App. 1996, awarded Building

of the 329. the USPS,

enclosure

Post

Office. 2,

August

through

contracting amount of of the dock

Robert

Rigsby,

a contract Co. for

in the

$64,632.00 enclosure

to Janice at the

construction App. 324.

Brookfield Momence

Post Post

Office. Office

54. drawings App. 443. 55. of

In for

August the

1998,

A.M. ramp

Fernandez at the

supplied Post

the

USPS

with IL.

handicap

Momence

Office,

In

1998, ramp

the at

USPS the 8, for App.

solicited Momence 1998,

bids Post

for

the

installation 442-46. bid ramp 28, By

a handicap dated

Office. submitted

App. its

letter amount Momence PNL

September

Ulbrich

in the at the

of $60,900.00 Post Office.

installation 443. its By bid ramp

of the

handicap August of

letter in at the the

dated amount Momence

1998, for

Enterprises of On its

submitted the

$64,990.00 Office.

installation App. 442.

handicap

Post

September bid ramp or in

8, 1998, the amount Momence

Somers of

Co.,

Inc. for

("Somers") installation 444. through of

submitted the

$35,932.38 Office. 1998, the

handicap 56. On

at the

Post 21,

App. USPS,

about

September

- 21 -

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 22 of 40

contracting amount ramp at

officer

Robert to Post USPS ramp

Rigsby for

awarded

a contract

in

the handicap dated the 448.

of $35,932.28 the Momence the the

Somers

installation App. 449-54. to Post had

of the By

Office. directed at the

letter with App. any

October

5, 1998, of

Somers

proceed Office. awarded ramp of

installation Prior to this for Post

Memence USPS the of

contract the

award,

the of time

not

contracts Momence contract contracts 57. contract renovation with USPS the had

installation At the Post

handicap the award

at the ramp IQC

Office.

handicap 1998, LP's

at the

Momence to in 8,

Office

in September 4 both USPS had

referred On February

paragraph 1999, the

lapsed. a work Somers order lobby contract the the

awarded to

in the

total

amount

of $34,895.63 Office to for of under this

for IQC

at the USPS. not

Momence

Post

Semers's contract

App.

457-64. any At

Prior

award, at lobby

awarded Office.

contracts the time Momence to in Park

lobby award Office

renovation of the

Momence

Post

the

renovation LP's IQC

contract contracts

at the referred Aroma

Post

in February had

1999,

paragraph Office

4 both

lapsed.

Post

58. drawings App.

In for

May the

1999,

AoMo

Fernandez of the

supplied Park

the Post

USPS

with IL.

renovation

Aroma

Office,

286-88. 59. In June of the 1999, Aroma the Park USPS Post solicited Office bids per the for the

renovation

drawings

- 22

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 23 of 40

prepared i0, for 1999, the

by

A.M.

Fernandez. submitted of ii, the the 1999,

App. a bid Aroma

285-90. in the Park

By

letter of

dated

June

Ulbrich renovation

amount

$163,900.00 App. 286. By

Post

Office. a bid Park

letter of

dated

June for

Phoenix

submitted of the Aroma PNL

in the Post

amount

$169,725.00 287. By

renovation June

Office.

App.

letter

dated

14, of

1999,

Enterprises for the renovation

submitted of the

a bid

in the Post

amount Office.

$154,719.00 288-89. on

Aroma LP

Park was

App. bid

60. Park Post 61. officer Office,

not and

invited did not

to

renovation project. through Lakes of

of App.

the

Aroma

Office On August

bid the the

on the USPS, Great amount Aroma

285-90.

28,

1999, of

contracting Facilities Service to PNL per to the that

Larry awarded

Linnenburger a contract renovations by not Post time Post A.M.

in the at the

$154,719.00 Post Office Prior

Enterprises drawings time, of the the

for prepared USPS

Park

Fernandez. any

App.

291-98. for the

had

awarded Office.

contracts

renovation

Aroma At

Park the

62. the Aroma

of

the

award

of

the 1999,

renovations LP's IQC

contract contracts

at

Park

Office

in August had

referred 63. the Aroma

to in paragraph The amount Post of

4 both the

lapsed. award for the renovations the level Central by that at of

contract

Park

Office

- $154,719.00 contracting could not

- exceeded officer have

contracting Illinois

authority and

of the the

at the been made

District

award

23 -

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 24 of 40

o£fice.

App.

~s3,

386.

I declare correct. Executed

under

penalty

of perj'ary

chat

the foregoinB

is ~rue and

on

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 25 of 40

CLAIMS

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 26 of 40

Attorneys
200 WEST MADISON

a~ Law
SUITE 2500

STREET,

(3 ~ 2) FAX {3~2) 368-5821

KORI M. BAZANOS (312) 855-3895

Au~mast 1998 11,

E-MAIL ADDRESS [email protected]

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPTNO. Z 070 603 889 Mr. Robert Pdgsby Manager, Administrative Services United States Postal Service Central Illinois District 6801 West73rd Street Bedford Park, Illinois 60499=9991
Re-"

L.P. Consulting, Inc.'s claims against the UnitedStates Postal Service ("USpS")of March 1998 and April 13, 1998 3,

Dear Mr. Rigsby: Werepresent L.P. Consulting GroupInc. ("L.P. Consulting"). Wepreviously submitted claims against the United States Postal Service ("USPS")on behalf of our client. Claims were submitted by letter dated March 3, 1998 in connection with Berwick Modular Post Office, Hoopeston RampProject, Downers Grove Dock Enclosure and Brookfield Ramp& Dock Enclosure, and resubmittedon April 13, 1998with a certification. Additional claims in connection with Aroma Park Interior Lobbies and Building Renovation, Beaverville Lobby and Building Renovation, Bradley Concrete Ramp,Lobbies and Building Renovation, East Lynn Building Renovation, MomenceConcrete Rampand Lobby Renovation, Papineau Interior Renovation and Concrete Ramp,St. Anne Concrete and Asphalt and Interior Renovations, and Union Hill Interior and Exterior Ramp were submitted by letter dated April 13, 1998. L.P. Consuiting's position is ~at the claims do not require certification. Notwithstandingour position, the aforementionedclaims were submitted with certifications. In July, 1998, Mr. Cary Katznelson, staff attorney with the USPS, advised the undersignedduring a telephone conversation, that the USPS taken a position that the has certifications attached to LP. Consulting's claims were defective.

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 27 of 40

Page Two August 11, 1998 In response to thin conversation, without waivingour position that the claims do not require certification, we are submitting the enclosed amended certification to the claims previously submitted to the USPS letter dated March3, 1998 and April 13, 1998. by Sincerely, ,~ .

Kori M. Bazanos

CO:

L.P. ConsultIng Group, Inc. James T. Rohlfmg, Esq.

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 28 of 40

CERTIFICATION I,'Richard A. Battaglin, certify that the previously submitted claim, listed below, a copyof which is attached hereto, and incorporated herein by reference, is madein good faiLh; £hat the supporting data are accurate and complete to the best of my -knowledgeand belief; that the amountrequested accurately reflects the contract adjustment for which the contractor believes the Government liable; and that.I amduly authorized to certify the claim on behalf of the is contractor. Claim submitted by letter dated March 3, 1998, to Contracting Officer Robert Rigsby, and received by Mr. Rigsby on March 11, 1998, a copy of which is attached hereto and incorporated herein by reference: Berwick Modular Post Office Hoopeston RampProject Downers Grove Dock Enclosure Brookfield Ramp& Dock Enclosure Claim submitted by letter dated April 13, 1998, to Contracting Officer Robert Rigsby, and received by Mr. Rigsby on April 15, 1998, a copy of which is attached hereto and incorporated herein by reference: AromaPark Interior Lobbies and Building Renovation Beaverville Lobby and Building Renovation Bradley Concrete Ramp,Lobbies and Building Renovation East Lynn Building Renovation MomenceConcrete Rampand Lobby Renovation Papineau Interior Renovation and Concrete Ramp St. ArmeConcrete and Asphalt and Interior Renovations Union Hill Interior and Exterior Ramp

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 29 of 40

JAMEST. (312)

ROHLFING 855-5383

April 13, 1998

E-MAIL ADDRESS FSRLAW@AOLcom

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT NO. P 851 275 733 Mr. Robert Rigsby Manager, Adminiswative Services United States Postal Service Central Illinois District 6801 West 73rd Street Bedford Park, Illinois 60499-9991 Re: Claims by L.P. Consulting Group, Inc. against United States Postal Service

Dear Mr. Pdgsby: On behalf of our client, L.P. Consulting Group, Inc. ("LP. Consulting') we hereby submit to you, as contracting officer for the United States Postal Service ("USPS'), the following claims against the USPS connection with damagessustained by L.P. Consulting resulting from in the USPS's breach of implied contracts and failure to follow postal procurementprocedures: Proiect Name Work Order Amount $62,000.00 $24,758.00 $187,352.00 $32,775.00 $46,388.00 $43,442.0O $41,691.0O $36,110.00 $474,516.00 Lost Profit $12,466.00 $4,736~0O $31,449.00 $5,280.00 $7,800.00 $6,311.00 $7,360.00 $5.608.00 $81,010.00

AromaPark Interior Lobbies and Building Renovation Beaverville Lobby and Building Renovation Bradley Concrete Ramp, Lobbies and Building Renovation East Lynn Building Renovation MomenceConcrete Rampand Lobby Renovation Papineau Interior Renovation and Concrete Ramp St. AnneConcrete and Asphalt and Interior Renovations Union Hill Interior and Exterior Ramp Total

With respect to each of the above claims, L.P. Consulting was requested to provide a workorder pursuant to its indef'mite quantity contract, and it provided a workorder after the applicable research and communication with your office. In each case, the work order was provided with the express .or implied understanding that the work would be given to

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 30 of 40

Mr. Robert Rigsby April i3,, 1998 Page 2

L.P. Consulting. Oninformation and belief, in at least someof the above cases, the work was awarded to another contractor. As a result of your office's failure to follow postal procurement procedures and breach of its implied contracts, L.P. Consulting has been damagedin the amount of $81,010. Pursuant to the above, L.P. Consulting Group, Inc. hereby makes a claim or claims under the Contract Disputes Act of 1978, in the total amountof $81,010 to recover the losses sustained as described above. Wehereby request a decision within sixty .calendar days of your receipt of this claim. Also, pursuant to the Freedomof Information Act, we request a copy of the written notice of award on eachof the above eight projects. Incidentally, as we have pointed out before, L.P. Consulting is also entitled to receive the Notice of Award pursuant to section 4.4.3.a.15(b) of the USPSPurchasing Manual. Therefore, we request that the requested information be provided both under the Freedomof Information Act and postal procurement procedures. Wewould appreciate your prompt response and invite you to call with any questions that you mayhave. Truly yours,

James T. Rohlfmg JTR:kc cc: L.P. Consulting Group, Inc.

-30-

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 31 of 40

VE!L~ICATION

Richard A. Battaglin, a duly authorized officer of L.P. Consulting Group, Inc., being first duly sworn upon his oath, deposes and states that the above and foregoing claim of

"~ __ L.P. Consulting Group, Inc., dated this "F~dayof April, 1998, is true and correct in substance and in fact.

Richard A. Bat~in

SUBSCRIBED AND SWORNto before me this 7~., day ,1998. of ~,ff~4~/

Notary Public

-31-

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 32 of 40

JAMEST. (312)

ROHLFING 855-5383

E-MAIL

ADDRESS

March 3, 1998

[email protected]

VIA CERTI/r~D MA/L RETURN RECEIPT REQUESTED RECEI]?T NO. Z 041 263 249 Mr. Robert Pdgsby Manager, Administrative Services United StatesPostal Service Central Illinois District : 6801 West 73rd Street Bedford Park, Ninon 60499-9691 Re: L.P. Consulting Group, Inc., Claims Concerning Berwick Modular Post Office, I-Ioopeston RampProject, Downers Grove Dock Enclosure and Brook field Rampand Dock Enclosure

Dear Mr. Pdgsby: Werepresent L.P. Consulting Group, Inc.("L.P. Consulting") concerning its claims against the United States Postal Service ("USPS') in connection with damages sustained L.P. Consulting resulting from the USPS'sfailure to follow postal procuremen~ procedures with respect to each claim as follows: Berwick Modular Post Office. On September 17, 1996, L.P. Consulting "provided a site visit to produce a workorder pursuant to its Indefinite Quantity Contract No. 162640-96-B-0094 with the USPS("IQC'), pursuant to your imtrucfions andunder the direction of Brace Rothermel of your office. L.P. Consulting followed the provisions of its IQCto producea rough sketch of the site work requested,! and a work order in the amount of $30,660.83 for the Berwick project. Pursuant to its IQC and the Contract Disputes Act of 1978 (41 USC §§ 601-613), L.I). Consulting claims damagesagains~ the USPS which it sustained as a result of your failure to follow postal procurementprocedureswith respect to the awarding of the contract, which was ulfmaately awhrded to another offeror based on a fLxed price contract. LP. Consulting's claim is in the amountof its lost profits on this project, whichwouldhave been $7,665.00. Hoopeston Ramp Proiect. On November 1, 1995 and Augmst 1, 1996, LP. Consulting provided a site visit to produce a work order pursuant to its Indefinite Quantity Conu-act No. 162640-96-B-9098 with the USPS("IQC"),

:\R\LPCONSWOST~LO2RIGSB'DOC\O3103198~'4:49PM C

-32-

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 33 of 40

Friedman Sinar & Rohlfin¢
Mr. Robert Rigsby March 3,, 1998 Page 2

pursuant to your instructions and under the direction of Paul Steiner and Lois Gunlogsonof your ONce.L.P. Consulting followed the provisions of its IQCto produce a work order in the amount of $62,752.00 for the Hoopeston project. ¯ Pursuant to its IQCand the Contract Disputes Act of 1978 (41 USC§§ 601-613), LP. Consulting claims damagesagainst the USPS which it sustained as a result of your failure to follow postal procurementprocedures with respect to the awarding of the contract, which was ultimately awardedto another offeror based on a fixed price contract. LP. Consulting's claim is in the amountof its lost profits on this project, which would have been $14,433.00. Downers Grove Dock Enclosure. On August 1, 1996, L.P. Consulting was ¯ provided architectural drawingsto producea workorder.pursuant to its Indefinite Quantity Contract No. 162640-96-B-0098 with the USPS("IQC'), pursuant your instructions and under the direction of Jesse McNabb your office. LP. of Consulting followed the provisions of its IQCto produce a work order in the amountof $36,564.99 for the DownersGrove project. Pursuant to its IQCand the Contract Disputes Act of 1978 (41 USC§§ 601-613), L.P. Consulting claims damagesagainst the USPS which it sustained as a result of your failure to follow postal procurementprocedures with respect to the awardingof the contract, which was ultimately awarded to another offeror based on a fixed price contract. L.P. Consulting's claim is in the amountof its lost profits on this project, which would have been $10,000.00. Brookfield Ramp& Dock Enclosure. On August 1, 1996, L.P. Consulting was provided architectural drawingsto produce a workorder pursuant to its Indefinite Quantity Contract No. 162640-96-B-0094 with the USPS("IQC'), pursuant your instructions and under the direction of Jesse McNabb your office. L.P. of Consulting followed the provisions of its IQC to produce a work order in the amount of $89,168.28 for the Brook_4ield project. Pursuant to its IQCand the Contract Disputes Act of 1978 (41 USC§§ 601-613), L.P. Consulting claims damagesagainst the USPS which it sustained as a result of your failure to follow postal procurementprocedures with respect to the awarding of the contract, which was ultimately awarded to another offeror based on a fixext price contract. L.P. Consulting's claim is in the amountof its lost profits on this project, which ¯ would have been $22,229.00. Pursuant to the above, L.P. Consulting Group, Inc. hereby makes a claim under the Contract Disputes Act of 1978 in the total amountof $54,327.00for losses sustained as set fot-th above.

C:\R\LPCONS\POSq~LO2RIGSI3.DOC~O31fJ3198~4:49

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33

-

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 34 of 40

Friedman Sin~r & Rohlfin~
Mr. Robert Rigsby March 3, 1998 Page ~

Werequest a decision within sixty (60) calendar days of receipt of this claim. Also, pursuant to the Freedomof Information Act, we request a copy of the written notice of award on each of the above four projects, stating the award amount, the date of award, the numberof offerors, and to whom the award was made. Incidentally, L.P. Consulting is also entitled to receive that information pursuant to section 4.4.3.a. 15(b) of the USPS Purchasing Manual. Welook forward to your prompt response. Truly yours,

JTR:kc cc: L.P. Consulting Group, Ir/c.

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 35 of 40

Richard A. Battaglin, a duly authorized officer of L.P. Consulting Group, Inc., being first duly sworn upon his oath, deposes and states that the above and foregoing claim of

L.P. Consulting Group, Inc., dated this ~ day of April, 1998, is true and correct in substance and in fact.

SLrBSCRI]3ED ANDSWORN to before me this ~ day [email protected]~.f.,1998.

Notary Public

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 36 of 40

IQC 162640-94-B-0083

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 37 of 40

REQUEST, PROPOSAL, AND ACCEPTANCE CONTRACT MODIFICATION
ROJECT;

[fSPS
C~'~:l ~'~ NO: M-02

4. REQUEST NO:

L.P. Consulting Group, Inc. IndefiniteQuantity Cont 10401S. 75th Avenue Central District IL Hills, IL 60465-2015 Gen Construction Work Palos
7,~-,-R-~'~'UE ST: CCN3"RACTOR IS REQUESTEDSUBMIT pROPOSAL TO A FGRTHECHANGE(S) DESCRIBED BLOCK AS A M~DIRCATIQN IN 9 THE ABOVEREFERENCED CONTRACT.

_~3.

5, C~NTRACT NO: PROJECT NUMBER

6. REQUEST DATE:

162640-94-B-0083
8, ~SSUED BY: FACILITIES SERVICE OFFICE U,$, POSTAL SERVICE 222 $. RIVERSIDEPLAZA~SUITE 1200 CHICAGO, 60606-61~0 |L

09/06/95

DATEREQUESTED BY.:

PROJECT MANAGER/RESIDENT ENGINEER SIGNATURE

Theabove numbered contract/order modified set forth below, change is as by orderissued pursuant authorityof to =Changes," (Clause 11-26)(October 1987).Thecontractor required sign andreturnthe originalandtwo(2) is to of this modification the Contracting to Officer listed below). (as IndefiniteQuantity Contract (IQC)for general construction in the Central work Illinois District is hereby modified increase limit b.y $400,000.00 $600,000.00 $1,000,000.00. its from to Thecontractor shall increasethe coverage obtaining bond by Surety's consent its bonds that shall applyandextend to "'-~. contract as modified.The consent shall be preparedon the attachedUSPS form "CONSENTSURETY OF AND CREASE PENALTY" OF completed furnishedto the Contracting and Officer. The contract multiplierof 0.859will remain unchanged. Thecontractcompletion of May 1996, will remain date 18, unchanged.

10. THE UNDERSIGNED CONTRACTOR PROPOSES PERFORM WORK TO THE DESCRIBED BLOCK A~OVE IN 9 FOR:

ANINCREASE THECONTRACT OF $400 000.00, PERTHEDETAILED IN PRICE BREAKDOWN A"Fi'ACHED. A DECREASE THECONTRACT IN PRICEOF $_____, PERTHEDETAILED BREAKDOWN A'lq'ACHED NOCHANGE THECONTRACT IN PRICE, PERTHEDETAILED BREAKDOWN ATTACHED. A INCREASE THE PERIODPERFORMANCE~ DAYS, PER THEATTACHED IN OF SCHEDULE. A DECREASE THE PERIODPERFORMANCE~ DAYS, PER THE ATTACHED IN OF SCHEDULE. NOCHANGE THEPERIOD PERFORMANCE. IN OF
AUTHOR.tZED SIGNATURE 13 ,USPS ACCEPTANCE PRICE ~D ~ME IN BLOCK AGREE 13 WITH USPS ACCEPTANCE PRICE THIS MODIFICATION: PREVIOUS CONTRACT PRICE REVISEDCONTRACT PRICE TIME GRANTED

$ $ $

400,000.00 600,000.00 1,000,000o00 0 calendardays N/A

1E & TITLE OFAUTHOR17.ED PERSON: (TYPEORPRINT)

13"7PS Form 7330 - Revised 10194

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Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 38 of 40

U.S. POSTAL SERVICE FINDINGS OF FACT FOR CONTRACT MODIFICATIONS
1. PROJECT 2. CONTRACTOR 3. A/EFIRM/CONTRACT NO. 4.REQUEST NO.

Indefinite QuantityCont Central District IL GenConstruction Work

L.P. Consulting Group, Inc. 10401S. 75th Avenue PalosHills, IL 60465-2015

162640-94-B-0083

M-02

6. REASONS MODIFICATION FOR (CHECKONE) [] USPS CHANGE 6. FUNDING AVAILABILIT~ CHECKED BY: Frank T. Suqino DATE: 9/5/95 7, NECESSITY FORCONTRACT MODIFICATION: FUNDSAVAILABLE: lt~ FIELDCONDmON [] DESIGN DEFICIENCY (ESTIMATED RECOVERABLE

Byletter datedSeptember 1995,the CentralIllinois Distdct requested increase $400,000.00 additional 1, an of for workin the area. (Seeattached)

r']

ADDITIONAL SHEETS ATTACHED

BLOCKS THRU PREPARED 1 7 BY:

8. PRICEANDTIME JUSTIFICATION/NEGOTIATION NOTES

Cost Data: Basic Contract Amount: This Modification: Total Contract Amount: $ 600,000.00 $ 400,000.00 $1,000,000.00

Contract multiplier (0.859) remains unchanged. Contract completion time remains unchanged.

[] ADDITIONALSHEETS ATTACHED B. APPROVED EXPLANATION FOR (TYPE OR PRINT NAME): Larry L. Linnenburqer CONTRACTING OFFICER

BLOCK PREPARED 8 BY: SIGNATURE: DATE:

September 6, 1995

PSFORM 4909 Revised10/94

-38-

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 39 of 40

September1, 1995

Larry Lermeburger 222 South Riverside Plaza, Suite 1200 Chicago, Illinois 60606-6150 ATTENTION: Frank Sugino SUBJECT: Indefinite Quantity Contracts Please increase the followingIndefinite Quantity Contracts listed belowfor Richards Battaglin and John Buchholzto the maximum. Central Illinois District has planned projects that need to be completedin FY'96: 162640-94-B-0065 162640-94-B-0067 162640-94-B-0084 162640-94-B-0083 613, 614, 615, 616&617 Springfield, Illinois Area Zip Codes: 618, 619, 625, 627 & 628 NorthCentral Illinois Area Zip Codes: 604, 605 & 609 North Central Illinois Area Zip Codes: 604, 605, & 609 Peoria, Illinois Area Zip Codes:

Yourswift considerationin this matter is appreciated.

rar/mgl/9991

Case 1:98-cv-00868-FMA

Document 87-3

Filed 01/14/2005

Page 40 of 40

REQUEST, I~,OPOSAL, AND ACCEPTAN~ CONTRACT MODIFICATION
h..(inite Quantity Cont. Central District IL Gen. Construction Work
2. CONTRACTOR PROJECTNUMBER

LISPS

L.P. Consulting Group, Inc. 10401 S.,~h Avenue~/5~, Palos Hills, IL 60465-2015

REQUEST NO:

7. REQUEST: CONTRACTOR REQUESTED SUBMITA PROPOSAL IS TO FORTHECHANGE(S) DESCRIBED BLOCK AS A MODIFiCATiON IN 9 TO THE A~OVEREFERENCED CONTRACT.

~83B" CONTRACT 8. I,S~ U~D BY:

NO:

04/17/95

DATEREQUESTED BY.:

FACIUT1ES SERVICE OFFICE UoS. POSTALSERVICE 222 S RIVERSIDEPLAZA, SUITE 1200 CHICAGO, 60606-6150 IL

PROJECT MANAGER~RESIDENT ENGINEER S~GNATURE 9. DESCRIPTION CHANGE(S): OF

Theabove numbered contract/order modified set forth below, change is as by orderissued pursuant authorityof to "Changes', (Clause 11-26)(October 1987). The contractor required signandreturnthe originalandtwo(2) is to of this modification the Contracting to Officer(as listed below). IndefiniteQuantity Contract (IQC)for general construction in the Central work Illinois Districtis hereby modified increase limit by $300,000.00 $300,000.00 $600,000.00. its from to Thecontractor shall increase bond the coverage obtaining by Surety's consent its bonds that shall applyandextend to the contract as modified. The consentshall be preparedon the attachedUSPS form "CONSENT SURETY OF AND IF ~EASE PENALTY" OF completed furnishedto the Contracting and Officer. T|,. contract multiplierof 0.859will remain unchanged. Thecontractcompletion of May 1996will remain date 18, unchanged.

The contractor hereby agrees compensation the providsd this mod~fic~lion by constitutes and fog complete s~itsfac~ion all coasts for inc~uding, notitm~ted1o. applicable but

10. THE UNDERSIGNED CONTRACTOR PROPOSES PERFORM WORK TO THE DESCRIBED BLOCK ABOVE IN 9 FOR:

AN INCREASE THECONTRACT IN PRICEOF $300 000.00 PERTHEDETAILED BREAKDOWN AT]ACHED. A DECREASE THECONTRACT IN PRICEOF $___._, PERTHEDETAILED BREAKDOWN ATTACHED NOCHANGE THECONTRACT IN PRICE, PERTHEDETAILED BREAKDOWN A'~'ACHED. A INCREASE THEPERIODPERFORMANCE-- DAYS,PER THEATFACHED IN OF SCHEDULE. A DECREASE THEPERIODPERFORMANCE-- DAYS, PERTHE ATTACHED IN OF SCHEDULE. NOCHANGE THEPERIOD PERFORMANCE. IN OF
DATE.~7.~.~(~/~.. ~ 12. C~-PTRACTOR'S ACCEPTANCE ~/ k~ PROPOSAL SUBMi*I~ED BY:

l~/usPs A~CEPTANCE
$ $ $ 300,000.00 300,000.00 600,000.00 N/A May18, 1996

NOTE: NO SIGNATURE REQUIRED BELOW THE ACCEPTED IF USPSACCEPTANCE PRICETHIS MODIFICATION: PRICEANDTIMEIN BLOCK AGREE 13 WITHTHE CONTRACTOR'S PROPOSAL STATED BLOCK AS IN 10. PREVIOUS CONTRACT PRICE REVISEDCONTRACT PRICE TiME GRJLNTED REVISEDCOMPLETION DATE: NN~F& TITLE OF AUTHORIZED PERSON: (TYPE ORPRINT}

PS Form 7330- Revised10,'94

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