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

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 1 of 41

oenix Construction Company,Inc.

Mr. Andy Fcmandez A.M. Fcmandez and Associates g26 Lincoln Avenue LaG/~ge Highlands, IL 60525 USPS Handicap Ramt'~ Variou.,~Illinois Locatio= Dcat Mr. l"ema~d~,: We in receipt of the bidding documents the handicapr'amp.~and :ffF~r bids fnr are for ~ur the same listed Ix:low: iis

Mendota Streator Paxlon Hoopeslon Normal

8/16/96 8116/96 gll 5/96 8/15]96 8/l 5/96

88,350.00

EXCI.USIONS: I. Uaforc~¢n underground obstructions ~.. I .andsenping

--

Hcasenote that irwe are award~all the ~bovclisted locations as a total package, you zmaydeduct 2%from the total price. Very truly yours, PIIOE)~IX CON,CITRt.,'CTIODdCO~A..N'Y

I)avid R. President

360

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 2 of 41

Pboemx Construcuon Compan)~, Inc.
° 616 North (')aun¯ Palatine. Ilhr~.~(.~067 (R47)991-550~3 (~,~7)991-5997 ¯ lb'~ Sep(embcr 3, 1996 Mr. Andy Fcrnandez A.M. Fcrnandez and A~sociates g26 Lincoln Avenue LaGrange Highlands, IL 60525 USPS Handicap "Ramps Variot~s Illinois Locations Dear Mr, Fernandez: We in re.cei~t of the bidding documents the handicap r=,mpsand offer our hi& are for the samea.s lislcd bc)ow:

Mendota Streator Poxton /H~mon Nodal

$/16/96 ~'I 6/96 g115196 ~I£@6 ~15/96

$ 61,200.00 $ I gg,0t)0.00 $ 52.000.0~ $ g8.350.00 $ 66,500.00

EXCI.USIONS: I. Unforeseen .underground obsIructions "~.. Landscaping

"-

Plcas~note tha~ if'we are awm'dcd the abovelis~cd locations ,'is a total package,you all ~ru~ydeduct 2%from the total price. Very truly yours, PIIOE~IX CONSTRUCTION COMPANY

[)avid R. Le~ President

-361

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 3 of 41

0

I

MESSAGE:

- 362

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 4 of 41

originalbids were suS~itte~.

You=s very truly,

Rick Ulbrich ULBRICH ASSOC//TES, & CO WILLMI~EEVERY fi~TOAWA~P~E~CL~~TQU~

¯ - 363 -

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 5 of 41

OFFER

$t 51,80~ 000 76,000

,BOO

139

Please note we were able to reduce our prices substantially on some of the la=g~; projects because we obtained much better stone pricing after our original bids were submitted. If you have any questions, please don't hesitate to call. Yours very truly,

...~

~

£ - ~

~ic~ V&bricb ULS~iCH & ~SSu~-~E~, !NC.
ru~.~ ...... Eu=OR~. TO AWA~ p~E~ IN Ct~ ~r

CO '~LL ~KE ~ERY

- 364-

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 6 of 41

PNL ENTERPPdSESII
LOCATION ~ OI:~dGi~ALBI~D

~Co ..
RAM~

SEPTEMBER 5,

1~36

I,~,

HOOPESTON 85,5oo.0o ~

TOT ~..¢d.~ TOT~L B2 P.

- 365-

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 7 of 41

PNL ENTERPRISES~C.... Ii
LOCATION 1. MARSI~LLES OKIGI~A.L BID $49,9~0.00 62,8~0.00 3. PERU 4. PRINCETON 5. SFBJ~GVAJ.J~Y 6. BUS'fEe"ELL 7. ~. 9. CANTON LEWISTOWN NORMAL 65~995.00 53,,250.00 55,000.00 ~0~000.00 58,990.00 48,250.00 93,950.00 76,500.00 48,500.00 85,5O0.00 47,250.00' 145,600.00 142~75.00 57,750.00 92,50(L00 172,500.00 88~,30.00 ~ 12~475.00

SEPTEMBER

5,

1996

~ I:IMNDIC~eED KAM1 BIDS ~XIUSTM.ENT ~ 0.00 ~ 1,5O0.00 TOTAL

$
61,330.00 125,475,00

~ 150.00 150.00 25O.0O

64,800.00 (~,~4~00 55,0t30.00 55,000,00

0.00

~0~000.00

¯ ~ 200.OD

5~,790.00
47,750.00 93,450.00

10, MASON" CITY 11. 12. 13. 14, BEARI~TOWI~ HAVANA BRADLEY HOOPESTON

5O0.00

~ o.oo
' i 0.00 250.00 ~ 2,601L00

7~,500.00
85,500.00 47,0~0.00 14,%000,00 140,000.00 57,750.00

15, PAXTON ! 16. STKEATOR 17. M,:CO3i~ 1KCHARLESTON 19. TR.ESCOLA 20. PA.NA 2I. S]:~LBYVILLE

,,!,

~ o.oo
300.00

92,200.00
170,000.00 ~,ZO0.O0 101,000.00

~ 2,5oo,oo
-.' 130.00

22. TA YLORVLI.,L~ 102,350.00

~ z#so.oo
~ .' : 0.00 0,00 0.00

~3. CA.RLINVll~E
2,~, RUSH-vlLLE

59,500.00 48,000.00

48,000.00

46#50.00

TOTA/~
TOTAL F. 02

- 366 -

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 8 of 41

REQUIRED

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 9 of 41

tREQU1RED cOST INCL iBOND8 LAND~CPNG PERF CURRENT YIN pMT 50% BID £ncl~ded Change No to the '~ice. ~EST~|NAL OFFER COMMENTS

OFFICE

Ch~ No Char

No Cha No Change

SBY

Includ ncluded No Chang ~eluded No Chs ~cluded Change ChangS

~ANQICAP RAMP . ANT COE-=D MAKE WILL EVERY~FFORT #.WARDPROJECT~ CLUSTERs-aUT ,O ~N NOT~JUAR

- 368-

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 10 of 41

A.M. Fernandez & Associates
Architects 826 Lincoln Lane, LaCrrangeHig]-dands, IL 60525 (708) 579-5191 September20,I 996 Mr. Samuel W. Southern Project Manager United States Post Office AdministrativeServices Division 6801 W. 73rd Street Bedford Park, Illinois 60499-999 Re: USPS-Hoopeston, IL. Handicapped Ramp, Construction Cost Estimate Engineers

Dear Mr. Southern, Please find belowa summary estimated costs associated with the construction of a of handicappedrampat the abovementionedfac'dity. Shouldyou have any questions regardingthis est'tmate, please feel free to contact meat your earliest convenience. Our projected costs are as follows: Activity Genera~ Conditions Demolition Excavation & Concrete Masonry and or Limestone Hand~'ails Aluminum, Glass & Glazing Plumbing Landscaping and Restoration Overhead & Profit Total .. $ 1,500.00 Amount $ 8,500.00 $ 9,600.00 $29,000.00

$28,500.00

$ 6,900.00

$12,600.00

369 _

0711 $96,600.00

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 11 of 41

21 May 1997 Mr. Bob Rigsby, Manager U.S.P.S. Admin. Services 6801W. 73rd St. BedfordPark, II. 60499-9991 Subject: Hoopeston Post Office; ConcreteRamp Mr. Rigsby : This proposalis forwarded to'you, as previously wasan I.QC. workorder, toprovide workat the subjectPostOffice. As wepreviously discussed,andoutlined in our Apdl30th letter to you, weare pleasedto submit a price to accomplish subject workas shown the per A. M. Fernandez, Arch., drawings.Total cost : $ 62,752.00. .Also, wehavealso previouslysubmitted I.Q.C. workorder for the interior an remodeling.Shouldthis be solicited by A. M. Fernandez, instead of becoming an I.Q.C., as wediscussed,wewouldbe pleasedto provideyou with a p.rice. We will continueio follow up on previouslyscoped offices with youand'yourstaff so as to provideour servicesto the Postal Service. Thankyou in advance.Shouldyou haveany questions contact us at 708-599-9407.

RichardBattaglin . V. President. cc : Sa.rn Southern . JimRohlfing -

Case 1:98-cv-00868-FMA
CENTRALILLINOIS DISTRICT

Document 87-13

Filed 01/14/2005

Page 12 of 41

POSTx3L SERVICE ~ UNITED5"i','ITES INTENTTO AWARD OVER $25,000 May28, 1997 CERTIFIED MAIL P 452 201 079 RETURNRECEIPT REQUESTED Ulbrich& Associates, lnc, 2500 WestHigginsRoad,Suite 315 Hoffman Estates, IL 60195-2043 Dear Gentlemen: SUBJECT: Notice of Intent to Award Contract#16-1550-96-B-5146 Hoopeston MainOffice (Installation of Handicap IL Ramp $85,000) -

Enclosed the formalcontract document duplicate, requiring your signatureon the original andone is in copy. Also, enclosedare two copies of Performance Payment and Bondswhich mustbe executedby a bondingcompany that has beenapprovedby the Department Treasury. The performance of bond mustbe executed a penal amount 100% the total contract price and the payment must in of of bond be executed a penalamount 50% the total contract price. Please in of of sign andaffix your corporate seal on all copies. Theabove-referenced documents to be returned Attention: Sam are Southern, Project Manager within ten calendar days fromthe date of receipt of this letter. In accordance with Section H, INSURANCE, Clause7-4, the contractor mustmaintain and furnish evidenceof workers' compensation, employers'liability insurance, general public liability and automobile liability insurance.Thepolicy mustcontaina 30-day advance notification of anyreduction in or cancellationof the policy for anyreason,including non-payment premiums. of This letter doesnot constitute award notice to proceed. preliminarywork, suchas mobilization or Any of work forces, material or equipment orders, contracts, planningand subcontracting prior to your receipt of the notice to proceed done yourown is at risk andis not the responsibility of the U.S.Postal Service. Upon receipt and acceptance the signedcontract documents, of bondsandinsurancecertificates, we will fully execut_e formal contractandforwarda copyto youfor your records.We the wilt, at the same time, establish a time for the preconstructionconference and adviseyou as to when Noticeto the Proceed wilt be issued. If youhaveanyquestions,pleasefeel free to contact Sam Southern (708) 563-7214. at Sincerely,

Contracting cc:

Officer

¯ \

Project Manager

Enclosures
6801 WEan" 73RDSTRF.J~ BED~=ORD I{. PARK 706-563*7200 F~X: 708-563-7204 60499-9991

0831

- 370a-

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 13 of 41

CENTRAL ILLINOIS DISTRICT

~ UNITED 5"I'~TES Notice to Proceed July 25, 1997

ULBRICH& ASSOCIATES INC 2500 WestHigginsSuite 315 Hoffman Estates IL 60195-2043 Dear Gentlemen: SUBJECT: HOOPESTON MAIN OFFICE - HANDICAP IL RAMP CONTRACT NUMBER: 16-1550-96-B-5146

Yourcontract documents beenreceivedand are acceptablein the amount $85,000.00 the have of to U.S. Postal Service.Thisletter of authorizationto proceed the workis in accordance the with with termsandconditions of the contract Thecontract requires completion within (60) calendardays after the date of receipt of this Notice Proceed. to Please your workschedule set accordingly,to avoid any delay. Enclosedis a Department Labor FormWH.347 PSForm4211-B(Payment). of and When requesting paymentp~ease complete, sign and date both FormWH-347 PSForm4211-B. and Attach your voucher(Request Payment) your letterhead, signed and dated, marked for on ATTN: Southernfor review and recommendation payment. will then forward these Sam for He documents the Contracting to Officer for payment. I urgeyouto thoroughly familiarize yourself with the termsof the contract. Sam Southern, has beendesignated Project Manager this project_ If youhaveanyquestionshe canbe reached for at (708)563-7214. wishto carl speciatattentionto the fact, that only the contracting I officer can authorizechanges the basic contractwhen to total pdceor time for completion affected according is to the authoritiesandlimitations of contracting authority. All correspondence pertaining the contract to should directedto the contracting be officer in writing. This notification is sentto youin duplicatewith the request that youacknowledge receipt of the U.S. PostalServicecopyandreturn it promptly.

Enclosures: FormWH-347,PS Form4211-B cc: Project Manager

6801 WESt" 73RDSTREET BEDFORD PARK 60499-9991 IL 708-563-7200 FAx: 708-563-7204

-371 -

Case 1:98-cv-00868-FMA
SERVICE.

Document 87-13

Filed 01/14/2005

Page 14 of 41

Offer and Award Simplified Construction
projec~ INSTALLATION OF PL~NDICAP KAMP ~ 3. Proj~:t #

Faci~W HOOPESTON, IL - MAIN OFFICE

161550-96-B-5146 CENTRAL ILLINOIS 6801 W 73RD ST BEDFORD pARK IL 60499-9991

2. Soliclt ation Number 161550-97-A-0074

IJ48297 5, b,For Informatio¢~(No call Collec~ Call~) SAMUEL SOUTHEP~

1708) 563 - 7214 5, Conta¢lName: KICk ¢, Telephone Numbs:, 7 --8 82-- 7 7 70 84

ULBRICH & ASSOCIATES 2500 W HIGGINS RD SUITE #315 HOFFM~h~ ESTATES, IL 60195-2043

d.'nN: 36-3580368
e. Parent TIN:

See Section C
8, items Pr~-~JGenem] & Description Requirement of RE: HOOPESTON, IL bLaiN OFFICE

ULBRICH ASSOCIATES, INC GENERAL CONTRACTORS WILL FUP~MISH THE NECESS2LRY LABOR, MATERIALS, ~JgD EQUIPMENT TO PROVIDE THE GENEPJ~L CONSTRUCTION WORK FOR THE HANDICAP RAMP TO BE LOCATED .AT THE UoS.P.S FACILITY IN HOOPESTON, IL IN ACCORDANCE WITH: THE RAMP PLAN DATED 8/15/96, AS PREPA~LED BY A.M. FERNANDEZ & A~SOCIATES INCLUDING INSPECTION OF THE FACILITY FOR THE SUM OF $85,000.00. THE SCOPE OF WORK INCLUDES DFJ40LITION, CONCRETE, EXCAV2~TION, BACNFILL, MASONRY, HANDRAILS AND LANDSCAPING,

TOTAL: $ 85,000.00 Pedormance in CalendarDays160 Time

in words EIGHTY FIVE THOUSANDDOLLAR.~AND NO CENTS.

Section G: FB-243 Section G: FB-259 Section K: OA-12 OB-21 Section H: 10-6 Section H: 7-4

Section K: OA-5

Section

CENTRAL ILL. DISTRICT 6801 W 73RD ST BEDFORD P~RK IL 60499-999~

0753

DCAward. March1996

PageI

- 372 -

Case 1:98-cv-00868-FMA

Document 87-13
LAW ~PCL='S

Filed 01/14/2005 LTD.

Page 15 of 41

PATZIK, FRANK ~ SAI~IOTNY

~PH~:

[31~

~1~

JAMES ROHLF~NG T. (312~661-30S3

iN REPLY TO: R~cER

July 25, 1997

1944-002

"VIACI~RTIFIED MAII. Mr. Craig Salcrider Chief Field General Coumelor 300 South Riverside Plaza Suite 1480 South Chicago, Illinois 60036-6617 Consulting Group, Inc., Claims Concerning Hoopeston Fost Office and other matters Dear Mr. Sakrider: This firm represents L.P. C0multing Group,Inc. ('L.P. Consulting"), a construction fLrm which specializes in generalcont/actingfor smallto rae~ium sized constructionprojects for the UnitedStates Postal ServiceCUSPS") various USPS at facilities th~ughout central Illinois. L.P. Consulting retained our services for tbe followingpurposes:1) to present this claim has to you, as a representativeof the USPS, protest the wrongful to denial of L.P. Cotm.ilting'sbid to performconstruction workat the USPS ~aclliry in Hoopeston, Illinois; 2) to request a.a investigation into the eonsa'uction contracting practices of RobertRigsby, Manager, USPS Administrative Services and Contraet~g Officer; 3) to request the oppoa'umty submit to proposals to perform work for numerousupcomingUSPS projects; ~,) to request certai~ information, pursuant to the Federal Freedom InformationAct ('FOIA');and 5) to request of responsesto proposalspreviouslysubmittedto Mr.Rigsby'soffice by L.P. Consulting. L.P. Co~'ulting submitted a proposai to performworkfor the Hoopeston Post Office concrete rampfor a total price of $62,752.00.L.P. Con.raRing believes the sameworkwill be awarded has already been committed be awaked another contractor at a price as much or to to as $20,090 higher. U~adet circumstances, the L.P. Consulting believes the denial of its proposal violates the poticies contained in section 4.1.2 of the USPS purchasing manual, in that L.P. Consulting not beenRatedfairly and the USPS has isnot obtaining the best value for it~ purchasingdollar. We request that the contractnot be awarded until an explanationis provided as to whyL.P. Consulting'sbid wastejegted. If a contract ha~ beenawarded, L.P. Consulting demands paymentfor its lost profit caused by Mr. Rigsby's unwarrantednon,competitive practices. Please advi~what additional irfformation wemightprovideto assist in the USPS's evahiatioxtof this claim.

- 373 -

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 16 of 41

( PATZIK, FRANK& SAMOTNY LTD.
Mr. Craig Salo'ider July 1997 25, Page 2 L.P. Const~Iting has been discriminated against by Robetl Pdgsby s~¢ al least ]~ua~ 13, 1997, when it f~t filed a claim:: co~ng ~. ~g~by'~ conlr~t~ practices. ~at claim was sub~quen~y wi~d~ under pressure from Mr. ~gsby who ~H~ no more work would ~ given to L.P. Co~l~g m ~liation for i~ fd~ of ~ cla~. L.P. Co~[fi~ ~Iicv~ ~at seve~l of i~ pm~ls ~bmia~ ~gh Mr. ~gsby's o~ have ~n u~d as ~c USPSest~ates for cons~caon project. ~is pu~ L.P. Co~ul~g at a disadv~tagc ~use its com~tito~ may ~ave a~s to L.P. Comdting's propels a~ pricing. RobertPdgsby's actions violate USPS policies and procedures,specifically, those sta'~l in sectiom 1.7.I and 1.8 of the USPS purchasingmanualwhichare intended to foster hea/thy competition so the USPS receives the most value for its do[tars. Con,~llting believes L.P. conuactsare being awarded Mr.Rigsbywithoutsubstantial com~titionor proper solicitation by of competitivebids and in somecases withouta bond~s required by the Miller Act. Mr.Rigsby utilizes an architectural/engineeringfm'nto receive and reviewproposalsand to °select" the contractor whowill receive the award, rather ttma conducting the process himself as a contracting officer ought to do. Finally, Mr. Rigsbyis not providing L.P. Consultingwith information it has requested concerning 'the status of awards, potential awards and new construction projects. This lack of qooperationmakes moredifficult for L.P Consultingto it compete.for USPS work. In someinstances, LP. Consultingis learning of upcoming worktoo late to. submita proposal. When L.P. Con,suiting is given an opportunity to bid, its bids seemnot to be considered seriously by Mr. Rigsby. L.P. Consultingherebyrequests the followingimmediate action by the USPS: ~ - As the lowest respomible bidder, L.P. Consulting should be awarded" this contract; Rigsby investigation - A promptand thorough investigation of Mr. Rigsby's and-competitive practices and the revocationof his contracting authority during the pendency the investigation; of Concrete tamp prom'am Anoppermrtiq, t~ submit proposals which will be affordedfair considerationon all upcoming work,in~lud.~pgthe fo//owing USPS USPS ramp project~: Streator: Bushnell Carlin'ci//e, Charl~ton, P~ton, Mendota, Taylorvi/le, Shelbyvillc, Oglesby,SpringValley, Mason City, Havana, Virden, Canton. Pana, Tuscola, Marsailles, Charl~ton, Bcatdstown, Peru, Lewis'town. Rnshvillc and Bradley;

-374 -

Case 1:98-cv-00868-FMA PATZIK, Mr. Craig Sakrider July 25, 199"/ Page 3

Document 87-13

Filed 01/14/2005

Page 17 of 41

FRANK & SAMOTNY LTD.

~ - All documents concerning bidding, bonds, insurance and award irfformado~a the constructionprojects listed above,gad in additiota, on the for following USP$project~: Brookfield dock and ramp, DownersGrove dock, I~mont carrier tamp,"finley Park paving, Joliet paving, NorthRiversidepaving and IMrv4ck modularsites; and Respp~eto Proposals Submitted - Over the last o~e and one-half years, L,P. Consultinginvested time and effot~ to provide Mr. RJgsby'soffice with proposals pursuant to L.P. Consulting's Indefinite Quantity Contract for the followhag projects: Hoopston, Momence. St. Ann, East Lynn, Goodwhne, Claytonville. Verona, Aroma Park, GibsonCity. Papineau, Beaverville, Union Hil/, Bradley, Wilmington, GrandRidge. Blackstone.Leonore,BishopHill, Lee, DePue, Peru and Wellington.Eachfacility has beet~ visited by L.P. Cor~ulting and proposals and sketches of workproposedhave been given to Mr. Rigsby. L.P. Consultingshouldbe afforded fair consideration for the awardand should be promptly advisedof the startts of eachproject. We request your assistance in resolving the aboveissues. L.P. Comulting asks only for the sameopportumtyas other contractors to bid on USPS projects a~l to have its proposals evaluatedfairly. When construction contracts are awarded others for a substatrtially USPS to higher amount than L.P. Comulting'sbid price, an explanationof ~e departure from sta~ard procedurewouldbe appropriate. L.P. Consultinghas providedquality and economical service as a conwactor the USPS several years. It sincerely wishesto continuewhatit believes for for is a mutually beneficial relationship. Pleasecontact meto discuss r.hjs mauer if I may or provideadditional information. Truly yours,

Jame~T~ Rohlfing JTR:¢js-c cc: HonorableWilliamLipinski MaryS. E1;ano RichardBatlaglin

- 375 -

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 18 of 41

~---~ POSTDLSERVICE UNITED

August 7, 1997 James Rohlfing T. Attorney at Law Patzik, Frank& Samotny Ltd. 150S. Wacker Drive, Suite 900 Chicago, IL 60606 Re: L.P. ConsultingGroup,Inc. (Our File No.: 97-KPRO-2320-CLK) DearMr. Rohlfing, YourJuly 25, 1997 letter regarding yourclient andthe Hoopeston, Illinois Post Office concrete ramp contractis beingforwarded the contractingofficer for to reviewanddecision(with adviceof counsel) pursuant the Postal Service's to protest procedures contained its Purchasing in Manual, Section3.6. It is my understanding a contract for this.work wasawarded 25, 1997. that July Yourletter also makes demand lost profits for L.P. Consulting it wasn't a for if awarded contract andyou make the statements that appearto imply that the Postal Serviceis obligatedto requestproposals fromL.P. Consulting heady on everyPostalServiceconstruction repair andalteration project in the area, or pursuant its Indefinite QuantityContract to (IQC)with L.P. Consulting. If understanding yourstatements correct, I disagree of is with youandfind no legal basis for them. Thecontractingofficer will be addressing Issuesraised in your July 25, 1997 the letter veryshortly. Sincerelyyours,

Senior Attorney co: seepage2 ~

- 376-

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 19 of 41

Robert Rigsby, Manager AdministrativeServices Central Illinois District U.S. Postal Service 6801West73rd Street BedfordPark, IL 60499-9401

- 377.

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 20 of 41

~

UNITED5-r,~TES POET,'~L SERVICE

September 1997 10, W~lliam Jones,SeniorCounsel J. ContractProtest& Policies USPS-Law,Department 475 L'Enfant Plaza SW WashingtonDC20260-1136 DearMr. Jones:
SUBJECT:

CONTRACTING OFFICERS STATEMENT REGARDING L. P. CONSULTING GROUP, CLAIMS CONCERNING HOOPESTON OFFICEANDOTHER POST MATTERS

This is in responseto a protest, among other things, regarding the awardof a contract for the construction of a rampat Hoopeston, Illinois. Theprotest is dated July 25, 1997 and was filed by James T. Rohlfing of Patz.ik, Frank & Samotny, Ltd., who is representing L. P. Consulting Group, Inc. a USPS Indefinite Quantity Contractor (IQC) for the Central Illinois District. The protest wassent to the USPS Department Law in Chicago, Ilinois. I spokewith Cary L. Katznelson, Senior Attorney in that office on August5, 1997, regarding this protest and !, received the protest on August7, 1997. I will makeevery effort to addresseach item separately, as contained in the protest, and offer a clear explanation regarding the circumstances. I maintain that as Contracting Officer 1 have doneabsolutely nothing wrong. All solicitations, contract ¯ awards,and contract administration wasconductedwithin the guidelines as get forth in the USPSProcurement Manual dated June 30, 1993. All actions are simplified procurementsand are covered in Chapter 4, Section 2. Thecontractor has protested the wrongfui denial of a bid ($62,752) to build a concrete rampat the Hoopeston, Iltinois post office and myresponseis as follows: 1. I was appointed Contracting Officer on July 7, 1995 by Jerald Enverso, Manager, Major Facilities Purchasing. On June 3, 1996 I was issued a letter of delegation by Larry L. Linnenburger, Contracting Officer at the Chicago Facilities Service Office "for complete contract administration, including issuance and administration of individual work orders according to the limitations." As Contracting Officer I hadthe authority to dse simplified procedures p0rchases to $100,000 for up for fixed-price purchases as described in Section 4.2.1 of the ProcurementManualdated

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 21 of 41

-2June 30,1993. The attached solicitation documentation clearly shows that in early August 1996 the USPS acquired the services of A.. M. Fernandez& Associates, Architects/Engineersto preparedesign drawingsfor 28 ramps,make distribution to contractors,obtain a minimum three cost estimates eachfacility, andcomplete of for all work by September 1996. All bids were received by the USPS the September 4, by 4, 1996 deadlineandbest andfinal bids weresolicited by an acting contract technicianon September and 6, 1996. The final bids were reviewedsolely by the Contracting 5 Officer andlater discussed the Facilities SpecialistandContractors keeping with in with the common framework the purchasingprocessas describedin Section 4.1.2 of the of Purchasing Manual ensure to that (1) all parties are treated fairly, (2) the PostalService obtains the be~t value and (3) mutually beneficial contractual ~elationships are established.Section1.7.1. states that, "adequate competition means solicitation and the participation of a sufficient number qualified suppliers to ensure of that the required qualibj andquantity of goods services is obtainedwhen and needed, that the price and is fair andreasonable," Section1.7.1.b requiresthe Contracting and Officer to identify newsuppliers andprovide opportunities for our supplier base. Cleady, the USPS had adequatecompetition when four contractors responded-toour request for, Best and Final Offer (BAFO) with bids ranging between $85,000 $97,854. and 2. The Hoopeston rampwas awarded July 25, 1997 for $85,000to Ulbrich & on Associates,Inc. whooffered the best value to the USPS. reasonfor the delay in The awarding the Hoopestonramp. was due to an excessively heavy workload and a backlog otherprojects. of 3. L.P. Consulting Group,Inc. wasnot invited to bid during this solicitation process.However, late Apdl, 1997 Battaglin (L. P. Consulting in Mr: Group, Inc.) visited myoffice to drop off some documents as he wasleaving he noticed a drawingfor and the Hoopeston on a table near the door andsaid~ "CanI take oneof theses"andI Ramp \ replied, "It is too late to bid, all decisionshavebeen.made," he said, "Ohthat's and 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 May19,1997I received a ($62,752) for the project. I later sawMr. Battaglin andagainexplained himthat bid to his bid was"too late" andhe replied, "1 know, just wanted to haveit anyway." I you Had this bid beenreceived before the. deadline, it probablywouldhavebeenconsidered "out of range"when compared the other four bids. to 4. Mr. Battaglin has accused this Contracting Officer of violating Section 1.8 (AnticompetitivePractices) of the USPS andrequested,an investigation regarding PM, my"construction practices." An anticompetitive practice is designedto eliminate competitionor restrain trade. Fourbids werereceivedprior to the September 1996 4,

- 379

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 22 of 41

-3deadline which shows that competition wassufficient. However, these are grievous accusations shouldbe investigatedby the properauthorities. I await their findings. and 5. OnAugust22,1997I replied to the request for information coveredunderthe Freedom Information Act (FOIA) and offered to supply the documentsto the of protester, using the guidelines set forth in the AdministrativeSupportManual (ASM), Issue 11, Section352dated.March,1996. 6. Regardingproposals previously submitted by L. P. Consulting Group, Inc.; Mr. Battaglin would out andvisit postal facilities (without beingrequested do so) and go to submit work orders to project managers.In someinstances Mr. Battaglin took unauthorized action andinstructed Postmasters (Veronaand Depue, Illinois) to order USPS equipment be usedfor lobby renovations. Mr. Battaglin wouldoften get into to argumentswith postmastersover renovation work (Odell, Glenwood, Downers Grove, Millbrook, and Franklin, Illinois), telling them that he knewmoreabout postal requirements/needs than they did because wasonce a USPS he project manager. (Mr. Battagiln is a former contract employee workedfor the old ChicagoFacilities who ServiceCenter). 7. In August/September 1996Mr. Battaglin begin demanding of that the Postal Service wdte work orders, make modifications to existing work orders, and/or make payments morethan one dozenprojects that included (Essex, Buckley, Ludlow, on Millbrook, Thornton, Melvin, WoodlaNd, Rankin,Milford, Cabery, Sema, Elliot'[, Sheldon, Loda, Crescent City andSouthW~lmington, Illinois); wherehe hadcompleted work, had began work or had extended the scope of work without authorization from the Contracting Officer. This unauthorizedwork amounted $142,811.87 noted in Mr. to as Bettaglin's letter dated August21, 1996. Mr. Battaglin claimed that USPS project managers given himpermission proceed had to with all work. It took the postal service over five months get this unauthorized to backlogof projects resolved. This created situationswhere became it difficult to workwith Mr. Battagtin. 8. In addition, on several occasions wouldstop by the Contract Technician's hg desk and demand knowif she had completedoutstanding work orders that he had to submitted.It became necessary issue Mr. Battaglin explicit instructions that he could to . only talk to the project manager he visited our office. Hefurther stated on several when occasions that he workedby line items and if he wason a job and somethingwas needed Postal Service hadno choice but to pay him-aslong as he usedline items the that werecontainedin the unit pdcebook. AEerbeing corrected on this matter, Mr. Battaglincontinued arguethe point. to

- 380-

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 23 of 41

-49. Mr. Battaglin wasunableto complete workorders for the projects that hadbeen authorizedbecause wasdoing so much he unauthorizedwork. In an effort to be "fair" andcontinue workingwith Mr. Battaglin, and also havehim not performunauthorized work, wetook extra precautionandissued himoneworkorder at a time andwaiteduntil the workorder wascompleted before issuing another. It is not unusualfor the Postal Serviceto limit the number workordersissuedto an Indefinite QuantityContractor. of 10. In December, Mr. Battalior~ Visited mein myoffice andbegan complain 1996 to and demand that he be given morework. He stated, that he must have 8-10 work orders signed so he could go out and buy material in bulk to save money.L.P. ConsultingGroup,Inc. hadworked several projects that hadnot yet beencompleted on andwhen explainedto Mr. Battaglin I wouldnot issue more I workordersuntil the work that wasin progress wascompleted,Mr. Battaglin said, "Well, I guessI don't have carte blanche any more." and I replied~ "You never did." Mr. Battaglin was also reminded that under the terms of his IQC/Solicitation the USPS only obligated to was issue L. P. ConsultingGroup,Inc. a total of $10,000 workorders over the two year in pedodof the contract, which will endJune6, 1998. Since June7, 1996topresent, a total of $525,609.28 IQCwork orders havebeenissued to L. P. Consulting Group, in Inc. and $1,127,144.67 wasissued prior to June7, 1996. In addition, our records indicate that $119,235.67 wasissued in simpiified contracts for a grand total of $1,771,989.62. This cleady showsthat I have not discriminated against L. P. ConsultingGroup,Inc. 11. Mr. Battaglin begin to contact several postmasters (Hoopeston, Aroma Park and Depue, Illinois) to inform them that he wasreadyto start workon their facilities but Rigsbywouldnot issue the work order. This causedseveral postmasters c~ll my to office for explanations. 12. OnMay29, 1997Mr. Battaglin wrote rile a letter naming over twentyfacilities that he hadvisited andprepared work orders andstated that he would"monitor" these facilities as well as others (to seeif other contractorswereperforming workat anyof thesefacilities). Mr. Battaglin wasdisingenuous when stated that thesefacilities he werevisited "as wediscussed Telecon" "by your request." per and 13. Finally, on June4, 1997the U,S. Postal Serviceissued L. P. ConsultingGroup, Inc. a letter demanding no visits be made anypost office unlessdirectedto do so that to by the Contracting Officer. Mr. Battaglin wasalso assuredthat he wouldbe given consideration future work. for 14. OnJune5, 1997Mr. Battaglin replied andstated that he was"disappointed" that he wasnot allowed"to participate in anyandall opportunities"for work. Heagain

- 381 -

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 24 of 41

-5stated that he would "continue to monitor" and further claimed that. now his (unauthorized~unsolicited)work orders wouldbecome government estimates. 15. Duringall the difficult times, wehave continued issue workordersto L. P. to Consulting Group, Inc. in an effort to be fair to all assigned IQC's. Unfortunately,Mr. Battaglin wantsit all, whichis evident by his actions. A protest wasfiled on July 25, 1997. ¯ 16. In a letter dated December 1996, regarding the Pax'ton project which is 4, explainedbelow,Mr. Battaglin stated that "since weare bound 25% to negotiateditems, it seemed acceptable increaseor inflate quantities." Mr. Battaglin wasinformed to that inflating quantities wouldneverbe acceptable underanycircumstance. 17. Regarding January13, 1997letter from Mr. Battaglin requestingthat he be the given additional work and, that his (unsolicited) proposalswerebeing usedfor USPS estimates, the following is offered: L. P. Consulting Group,Inc. wasissued a work order for $13,697.77 for work to be done at the Pax'ton Post Office. Without authorization from the ContractingOfficer, Mr. Battaglin increasedthe scopeof work and submitted a work order modification for $51,384.47. When questioned, Mr. Battaglin claimedthat he hadbeen-given permissionby two different project managers to proceed with the work. As noted in his letter, he hadalready completed of this 80% (unauthorized). wod~ and demanded payment.After some discussion andsite visits paid $40,441.00 this modification Mr. Battaglin withdrew "claim" voluntarily, for and his 18. Regardingthe contractor's proposals being used for estimates, the USPS supplied L. P. Consulting Group, Inc. with the unit price book that was used for estimates. The USPS use the samebook to produce government can estimates and would haveno needfor unsolicited cost estimates fromMr. Battaglin. 19. Regarding awards without proper bonds: not one ramp project has been awarded without a 100% performance 50% and payment bondas required by the Miller Act. 20. Mr. Battaglin, hasoften requested advance information on the status "potential awards"as noted in his.protest. I havealwaysrefused andinformedhimthat it would be unfair to the- other contractors,yet he viewsthis as a ~ lack of cooperation" the by Contracting Officer. 21. Regardingthe "Concrete Ramp Program"that is noted in the protest: on August14,1997Mr. Battaglin stated, "~ can walk into the Chicago Facilities Service Office, sit downat a friend's computeror look over their shoulder and get any

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 25 of 41

-6information I want." It appearsthat this is what Mr. Battaglin has donebecause he named describedStreator, Bushnell, Carlinville, Charleston,Princeton, Mendota, and Taylorville, Shelbyville, Oglesby,Spring Valley, Mason City, Havana, Virden, Canton, Pana, Tuscola, Marseilles, Beardstown,Peru, Lewistown,Rushville and Bradley as "Ramp" projects. Only USPSemployees would have Facilities Management Systems/Windows (FMS/WIN) computer accessto this information. It is too late for P. ConsultingGroup, Inc. to submitproposals theseprojects, our solicitation ended on on September4,1996. Since information on the "Ramp"projects as well as the Brook'field dock and ramp, Downers Grove dock, Lemontcarrier ramp, Tinley Park paving and North Riverside paving projects should have only beenprovided to the protester as set forth underthe FOIA,as describedin the ASM, Issue 11, Section352, I amrequesting vigorousinvestigation by the properauthorities to discoverandtake a appropriateaction against the sourcethat supplied this detai!ed informationto L. P. ConsultingGroup,Inc. in suchan impropermanner. 22. Regardinga responseto proposals and sketches of work submitted over the last oneandone-halfyears, L. P. Consulting Group, Inc. wasnotified by letter on June 4,1997that consideration wouldbe given for these as well as other future projects "whenthe USPS determinesyour services are needed." I feel that as ContractingOfficer, I havegone beyond realmof normal the consideration to cooperate workwith Mr. Battaglin (L. P. Consulting and Group, Inc.) in supportof the USPS policy 4o "establishstrong, mutuallybeneficial relations with i~s suppliersin order to meet business competitive its and needs" stated in Section3.1 PM.I will continue as to be fair to all contractorsin the administration myduties andresponsibilities, and of work towards a common to use the purchasingprocess to establish and enhance goal supplierrelationsin orderto ensure effectiveness, the vitality andintegrity of .the .Postal Service.1 do not feel this protester is an interestedparty as definedin Section3.6.2.a of the PurchasingManual.Based the documentation on that I ha~,e presented, 1 am requesting that this protestbe denied. Sincerely,

Contracting Officer Attachments

-383 -

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 26 of 41

ATTACHMENTS
CONTENTS PAGE

MEMO .................................................................................................... SOLICITATION ..................................................................................... AWARD ........ .'...; .................................................................................

1-4 5-33 34-81

SUPPORTING DOCUMENTS ............................................................

82-144

- 384-

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 27 of 41

~ UNITED ET/ITE$ po.,c'r,~L 5ERVtCE

July 7, 1995 Robert A. Rigsby USPS Manager, Administrative Services CentralIllinois Distdct 6801 West 73rd Street Bedford Park, IL 60499-9998 As requested in the attached Nominationand Delegation of Contracting Authority and in accordance to the authority delegated to meby the Vice President, Purchasingand Materials, I hereby delegate Level I contracting authority to administer design and construction contracts subject to the following limitations: ¯ Upto $100,000of contracting authority for fixed pdce or indeSnite quantity agreements for design and construction services and up to the limits for orders against Federal Supply Schedules(to be used for the purchaseof construction materials and equipmentonly). Theauthority that I havedelegatedmaynot be redelegsted, in ,whole or in part, and is subject to the limitations and conditions set forth in the Procurement Manual all other instructions and and regulations related to Facilities contracting. Your authority commences July 7, 1995and will be effective until such time as you are on reassignedto a newposition or separated from the Postal Service. Uponreview of your PSForm991, it is recommended you complete the following courses within that the next two years: o Practical Negotiations and Simplified Purchasing. Pleasesend record of satisfactory completionof these coursesto this office pdor to July 7, 1997. Thereafter, in order to maintain your contracting officer's warrant you should attend coursesto maintain your professiona! proficiency in accordance with Section L5.3 - Continuing Professionalism of the ProcurementManual. Please remember that as a contracting officer for the Postal Service and as a public servant, you must conduct all of your business in the highest ethical manner.Our goodname,and yours, must not be compromised. This would be a good opportunity to familiarize yourself with the Employee and Labor Relations Manual, Section 661, "Codeof E~th.ical Conduct'. Attached please find a PS Form7378, "Contracting Officer Certificate of Appointment'. Please display the certificate in your office.

/~..era,ld L..Enverso / Ma,~ger, Major Facilities

Puim.hasing

,~{c: Philip K. Ferrad, Manager,Chicago FSO

/

- 385 -

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 28 of 41

CONTRACTING OFFICER CERTIFICATE OF APPOINTMENT
In accordance with the authority in the Procurement Manual, the individual named belowis appointedto the position of U.S. Postal ServiceContractingOfficer:

Robert A. Rigsby
As ContractingOfficer, you may bind the Postal Service in contracts, up to the amountof $ 100,000, subject to the limitations specified by regulations, procedures, and ,~legation:

.JManager. Major Facilities

Purchasing

July 7, 1995

- 386-

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 29 of 41

UNITED STATES POSTAL SERVICE
CHICAGO FACILITIES CHICAGO, L 60606-6150~ DATE: OUR REF: SUBJECT:

July 11, 1994 FSO:TW]ICOx Delegation of Contracting Officer for Issuance of Individual Work Orders Indefinlte-Quanttty Contract - North Central Illinois Area (Zip Codes604, 605 & 609) A/E Design and Preparation of Contract Documents Contract No, 162640-94-J-0136 Robert A. Rigsby Manager,Administrative Services CentralIllinois Distdct 6801 W. 73rd Street Bedford Park, IL 60499-9991 In accordancewith the contracting authorities published in the Procurement Manual,Chapter1, "Authority, Responsibility and Policy", Section 5, dated February 1, 1992, the USPS Desiqn and Con{;truction Handbook,Facilities Department, Procedure01.05, "Delegation of Authority", dated June 1991, you are herebydelegated contracting officer for completecontract administration, including issuanceand administration of {ndividual work orders to the level of your Certificate of Appointment. Theabovedelegatien shall be effective on the date of this letter. The firm is: A.M. Fernandez & Asseclates 826 Lincoln l.~ne LaGrangeHighlands, IL 60525-7402

TO:

A copy of the contract is enclosed. The authority that I havedelegatedmaynot be redelegated, in wholeor in part, and is subject to the limitations and c~nditiona set forth in the Procurement Manualand the Desiqn and Construction Handbook, and all other instructions andregulations relating to Facilities Contracting. Pleaseacknowledge receipt of this letter on the original and two (2) copies. Return the original and one copy to the attention of Ted L. Wilcox. The remaining c~pyis for your file. Larry L Linnenburger Contracting Officer

- 387-

Case 1:98-cv-00868-FMA
FACLrnEs SERVICEOFFICE

Document 87-13

Filed 01/14/2005

Page 30 of 41

July 11, 1994 A.M. Fernandez & Associates 826 Lincoln Lane LaGrangeHighlands, IL 60525-7402 Delegation of ContractingOfficer for Issuance of Individual WorkOrders Indefinite Quantity Contract North Central Illinois Area (Zip Codes 604, 605 & 609) NE Design and Preparation of Contract Documents Contract No. 162640-94-J-0136 Gentlemen: In accordance with the contracting authorities published in the Procurement Manual, Chapter1, "Authority, Responsibility and Policy", Section 5, dated February1, 1992, the USPS Desiqn and Construction Handbook,Facilities Department, Procedure 01.05, "Delegation of Authority', dated June1991, Robert A. Rigsby, Manager, Administrative Services, Central Illinois District, has beendelegatedContractingOfficer for complete contract administration, including issuanceand administration of individual workorders. Theabovedelegationshall be effective on the date of this letter. His addressis: U.S. Postal Service Manager,Administrative Services CentralIllinois District 6801 W. 73rd Street Bedford Park, IL 60499-999t

Theauthority that I havedelegatedto him maynot be redelegated, in wholeor in part, and is subject to the limffations and conditions set forth in the Procurement Manual the and Desiqnand Construction Handbook, all other instructions and regulations relating to and Facilities Contracting. Modifications (exercising options years 1, 2 and 3, change/additions the basic contract to documents) shall remainw~thin myauthority. Therefore,direct all mod;'ficetion correspondence mewith a copy to the Manager,Administrative Services Office. Copies to of work orders need not be sent to me.

- 388-

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 31 of 41

July 11, 1994 Page2

Please acknowledge receipt of this letter on the original andtwocopies,Return original the andonecopyto the attention of TedWilcox.Theremaining copyis for yourfile. Sincerely,

Larry L. Linnenburger Contracting Officer Receipt this delegation a.cknowledged of is on ,.,-/~'L"/" /=¢1 '=/ I DATE RECEIVED SIGNATURE

- 389-

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 32 of 41

CONTRACT MODIFICATION MODnqCA~qON NO: m-o___!
CONTRACTOR: ~.~. Fernandez -A~ccl;tat~ & ~fln~tt= Quant~Contr=ct AJ~Oer,~n ~ Preptr=tlon of Noft~Cefab'alllbx:~= Are= Zip Code= ~04, LaGr,tnge Hlghtand=, 60626.7402 IL

7.

R~-QLIE-CT

~OR ~ REC~,'ES'T'-mD

TO ~JB~-AII"

A ~ ~ ~

a

~D

~

~

FACIES

SERV~E

~F~E

CH~A~,

~S S0606~I~0

10.T'neundersigned ¢~:x,.~,~'act I:XZ~T~=Spe~c~m work o¢ to the desc,'ibed Block above irt '~ ~ An increase in the contract price of per the detailed breakdownattached. A decrease in the contract price of $...~, perthe detailed breakdown attached. x No change in the contract pdce, x An increase in peded of performance of~5 calendar days, per the attached schedule. A decrease.in peded of performance of~ calendar days, per the attached schedule. No change i 0 the period of performance,

7-12-96
1Z CONTRACTOR'S ACCEPTANCE // .) .... Note: Nos~gnature t~luimd belowif the acce'p{ed ~d ~ in ~ Bkx~k agreewith the conu-a~o~s 13 p~p~sal s~d~d Block as ~ i0 i3+ U-SPSACCEPTANCE USPS acc~o~'~ce tt~ moc~flc~fdo~: ~ Pre,,~oJs Max~um~ price: R~~ D=e: J~ IB, i~7 ~ /~0 .

AndrewM. Fernandez

LA R R~/L.,UNNEN.B~,~RGER ..

,

d
- 390-

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 33 of 41

, o t

CONTACT PERSON

HANDICA~~LOCATION YES t NO= tINSTALLED

RAMP FRONT BACK

1

BEARDSTOWN BRADLEY BUSHNELL CANTON

CHARLESTON CHILLICOTHE HAVANA ]

1
Page1

-391 -

088

Case 1:98-cv-00868-FMA

Sheet1 Document 87-13

Filed 01/14/2005
~ATION INSTALLED FRONT

Page 34 of 41
RAMP BACK

r HANDICAP RAMP CONTACT ~-I--

P_[ERSON
PRINCETON

~

NO

~ SHELBYVILLE
SPRINGVALLEY

I

I

TAYLORVILLE

PIca-,

WATSE~

.

~

- 392Page2

089

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 35 of 41

A.M. Fernandez & Associates
Arthiteets 826 Lincoln Lane, LaGrangeHighlands, IL 60525 (708) 579-5191 Engineers

Aug. 12,1996 Mr. Robert A. Rigsby Director, AdministrativeSer~4cesDi,Asion United States Postal Service 6801 W. 73rd St. Bedford Park, Illinois 60499-9991 Re: Handicapped Ramps: Prelimina~, su~'eys,designs and cost estimates for contract awards, 28 locations ~s indicatedbelow.

Dear Mr. Rigsby, Per your verbal request, our firm will be visiting the followingsites to enable us to performthe scope of worka~ indicated below. 1. Field verify e~sting site conditions to determinethe best possible location for the installation of a handicapped access~ility ramp. 2. Prepare a prelSninary design dravdngfor each location utilizing data gathered fromour site visits. 3. Obtainat least 3 cost estimatesfrorg contractors to enable the district office to award contracts for construction. 4. Completeall phases of the scope ofworkno later than Wednesday, September4,1996. We understand that a workorder will be issued shortly after completionof the scope of work. Ourfaci~ty locations are as follows: Location Approximate RampLength Glenwo~t Unknownfrom photograph Bradley 36'-42' Hoopeston 54'-63' Pax'ton 30'-35' Lincoln 60'-70' Marseilles 54'-63' Mendota 42'49' Oglesby 36'.42' Peru 42'-49" Princeton Unknownfrom photograph Spring Valley 78'-9 i' Streator 54'-6Y 092

- 393 -

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 36 of 41 Engineer~

A.M. Fernandez & Associates
Arehitect~ 826 Lincoln Lane, LaGrangeHighlands, IL 60525 (708) 579-5191

Location Canton Bushnell Macomb Lew~stown Normal Charleston Tuscola Pana Shelby'Alle Taylorville Beardstown Cartinville Havana Mason City Rushville V'trden

Approximate Ramp Length 36'-42' 42'-49' 66'-7T ( Building expansion could incorporate ramp) 54'-63' 54'-63' 42'-49' 48'-56' 54'-63' 48'-56' 48'-56' 48'-56~ 54'-63~ 36'-42r 42'.-49, 42'-49' 48'-56,

This concludes our survey list. Shouldyou have any questions regarding this matter, please do not hesitate to contact meat your earliest convenience.

Sincerely,

Andrew M. Architect A. M. Fernandez

& A~at~

- 394-

093

@

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 37 of 41

A.M. Fernandez & Associates
Engine*r~ 826 Lincoln Lane, LaGrangeHighlands, IL 60525 (708) 579-5191

August 13,1996 Mr. Robert A. Rigsby Director, AdministrativeServices Division Unit~ States Postal Service 6801 W. 73rd St. BedfordPark, l]linois 60499-9991 Re: Handicapped Ramps, 32 Locations General Contractors for consideration.

Please find bdowthe li~ of General Contractors whdm you~eeinstructed meto cow.act regarding~e abovementioned projects. Please verify that this list is complete that I so can contact all of themprior to mysite visits whichwill begin on Thursday,August 15,1996.Thecontractors for conslderationare as follows: WarierEnterprises, Inc. 10150 V'trginia Ave., Unit "J" Chicago Ridge, IL 60415 (708) 423-8200 PNL Enterprises, Inc. 194 Kingston Lane Bloomingdale, IL 60108 (708) 575-9560 Concrete By Wagner,Inc. 13808 High Road Lockport, IL 60441 (815) 838-9218 Utbrich & Associates Inc. 2500 W. Higgins Rd., Suite 315 Hoffa-aan Estates, IL 60195 (708) 882-7770 Continued

- 395-

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 38 of 41

A.M. Fernandez & Associates
Architects 826 Lincoln Lane, LaGrangeHighlands, IL 60525 (708) 579-5191

Continu~ Ramcorp,Inc. 421 N. WaterSt. W'dmington,IL 60481 (815) 476-7961 Please note that I amaddingto the list a Palatine, IL firm, PhoenixConstruction Company. Theycontacted meand expressed an interest in the projects. Please advise if they can participate. I will begincontactingthe aboveas soonas youverify the list.

Sincerely,

AndrewM. Fernandez, A.rcNtect A_M.Femandez& Assodates

- 396-

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 39 of 41

- 397-

Case 1:98-cv-00868-FMA
UNITED 5T,'~TF--~

Document 87-13

Filed 01/14/2005

Page 40 of 41

Inc.(]nits Quantity Contracu:~erv,..¢s
SAMUEL W SOUTNERH l~t Renewal O~tion 18.00 10/03/1996

162640-94-J-0136 ~BC RAM~ SURVEYS 7-IJ-161516-C-297

SOUTH

SUBURBAN,

IL - P D C

J51224

08/12/1996 U,$. Po~tJd

,, ~

60 d~,~

A M FERNANDEZ AND A~SOC 826 LINCOLN LANE LAGRANGE HIGHLANDS IL 60525-7402

CENTKAL ILLINOIS 6801 W 73RD ST BEDFORD PARK IL 60499-9991

Summar~ t~= Wort or To~l MIr, ce~neou~ To(a! ~wn= Tot,~ Trav~d C¢~t Work Ord~to(=l fo¢ Wod~Ocder ,~"=,pI ot WodC A/E IS INSTRUCTED TO SURVEY 28 ITWENTY-EIGHT) POSTAL O~ED FACILITIES, ~R THE PU~OSE OF ~ING ~DI~ ~P ~QUI~TS, ~E IS DI~CTED; I. T~L TO ~CH ~TION, 2. FIELD ~RI~ ~L PERT!N~T ~ISTING SITE CONDITIONS, 3. ~ET WITH THE SUPER~SiNG ~ST~ OFFICI~ ~ G~T THEIR INPUT ~D ~P~H THE ~OG~, 4. P~ A PRELIHIN~Y ~P F~R P~," 5. DISTRIB~E T~ P~LI~Y 9~5 TO ~OUS C~T~O~ IN O~ER TO OBT~N ESTI~TES ~R COHST~U~iON, 6. ~ET WITH ~L ~E CONT~CTO~ NEEDING ~SIST~CE OR C~IFI~TION'S WITH THE D~INGS, ~ COLLECT ~L ESTATES ~R ~NSTR~CTION COSTS ~D DISTRIBUTE TH~ TO THE DIST~ OFFICE ~R ~ ~D ~TI~ CONT~ AW~. $0. O0 $ $

Case 1:98-cv-00868-FMA

Document 87-13

Filed 01/14/2005

Page 41 of 41

~ SOUTHERN

INVEST.

SURVEYS

PROJECT MANAGER SENIOR ARCHITECT/ENGINEER

$

Hours

- 399 -