Free Exhibit List - District Court of Federal Claims - federal

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 1 of 36

CASE NAME:

NORTH STAR ALASKA HOUSING CO. v. UNITED STATES EXHIBITS OF DEFENDANT, UNITED STATES

NUMBER:

Fed. Cl. No. 98-168C ATTACHMENT (Rev. 7/20/2005)

DX 1 2

Date

Bates No.

Description of Exhibit Withdrawn

Intro

Obj

Adm

Witness

Date

12/31/85

AERE-08-01261 to 01262

COE letter accepting NStar's Proposal dated 7/5/85, and modified by NStar letter dated 12/16/85, awarding lease to NSAHC Withdrawn Withdrawn Withdrawn

May offer.

3 4 5 6 2/1985 AERE-08-00595 to 00737

Request for Proposals No. DACA8585-R-0019 for Design and Construction of Section 801 - Build to Lease On-Base Family Housing - 400 Units Amendment 002 to RFP DACA85-85R-0019, Answers of the Proposal Conference held at Ft. Wainwright on March 21, 1985 NSAHC Proposal for Birchwood Estates Drawings of Birchwood Estates and location on Ft. Wainwright Withdrawn

May offer.

7

2/1985

AERE-08-00928 to 00984

May offer.

8 9 10

Expects to offer. May offer.

Page -1-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 2 of 36

DX 11 12 13 14

Date 6/9/05

Bates No.

Description of Exhibit FY99 -- FY05 Birchwood and Walden -- Rent & Maintenance Worksheet Withdrawn Withdrawn May offer.

Intro

Obj

Adm

Witness

Date

8/4/03

COD re Vinyl Replacement in Unit 633 with Findings of Fact and pertinent correspondence AWBU 026 AWBU 598 Birchwood COE Field Office File for Unit 633 Ft. Wainwright Family Housing Office File for Unit 633 Withdrawn

Expects to offer. Expects to offer. May offer.

15 16 17 18 7/7/03

COE memo frm Connie Kiser to Eldon Wartes, re: change of occupancy maintenance, 638, based on quality assurance inspection Withdrawn Withdrawn

Expects to offer.

19 20 21 22 23 24 AWBU 030 AWBU 609 8/8/03 AWBF-01-00093

COE letter from Rod Everett to Eldon Wartes, responding to 8/6/03 letter Withdrawn Birchwood COE Field Office File for Unit 638 Ft. Wainwright Family Housing Office File for Unit 638 Page -2-

Expects to offer.

Expects to offer. May offer.

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 3 of 36

DX 25

Date 1/13/03

Bates No.

Description of Exhibit COD re Interior Painting in Unit 704 and Findings of Fact and pertinent correspondence Expects to offer.

Intro

Obj

Adm

Witness

Date

26 27 28 10/22/01

AWBU 041 AWBU 715 Depo Exh 65 & GOV 003012 to 003022 AWBU 076 AWBU 298 10/29/97 AERE_01_01409 to 01416 AWBU 083 AWBU 307 1/21/03 Depo Exh Nos. 136, 140, 165, 179

Birchwood COE Field Office File for Unit 704 Ft. Wainwright Family Housing Office File for Unit 704 Draft COD re Carpet in Unit 750 Talbot with Draft Findings of Facts and pertinent correspondence Birchwood COE Field Office File for Unit 750 Ft. Wainwright Family Housing Office File for Unit 750 COD re Fire Damage to 765 Bataan Court with Findings of Fact with pertinent correspondence Birchwood COE Field Office File for Unit 765 Ft. Wainwright Family Housing Office File for Unit 765 COD re Countertop Replacement in Unit 833 and Findings of Fact and pertinent correspondence Withdrawn

Expects to offer. May offer. Expects to offer.

29 30 31

Expects to offer. May offer.

May offer. May offer. May offer. Expects to offer.

32 33 34

35

Page -3-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 4 of 36

DX 36

Date 2/14/03

Bates No.

Description of Exhibit COD re Carpet and Vinyl Replacement in Unit 833 and Findings of Fact and pertinent correspondence Expects to offer.

Intro

Obj

Adm

Witness

Date

37 38 39 11/20/02

AWBU 113 AWBU 564

Birchwood COE Field Office File for Unit 833 Ft. Wainwright Family Housing Office File for Unit 833 COD re Carpet Replacement in Unit 884 and Findings of Fact and pertinent correspondence

Expects to offer. May offer.

Expects to offer. May offer.

40

12/4/02

Depo Exh 136

NStar letter from Eldon Wartes to Guy Hopson, re: Countertop replacements requiring full replacement because repairs will not match remainder and will not be pleasing in appearance Findings of Fact to Accompany Contracting Officer's Decision re: responsibility for Countertop Replacement - matching of colors and aesthetically pleasing

41

1/31/03

Expects to offer.

42 43 44 9/29/03

AWBU 152 AWBU 710

Birchwood COE Field Office File for Unit 884 Ft. Wainwright Family Housing Office File for Unit 884 COD re Re-Painting of Unit 961 and Black Light Inspection and pertinent correspondence Page -4-

Expects to offer. May offer.

Expects to offer.

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 5 of 36

DX 45 46 47 48 49 50

Date 6/27/03 7/7/03

Bates No. AWBF-01-00109 AWBF-01-00108

Description of Exhibit Change of Occupancy Maintenance Issue form Notification of Work Completion form Withdrawn May offer. Expects to offer.

Intro

Obj

Adm

Witness

Date

8/11/03

AWBF-01-01978 to 01979

NStar letter requesting COD re Countertop and Carpet in Unit 961 Withdrawn

Expects to offer.

10/21/03

AERE-01-00367

COE letter from Harold Hopson re: issuing COD and again conclude issues directly involve allegations pending before the Court of Federal Claims Birchwood COE Field Office File for Unit 961 Ft. Wainwright Family Housing Office File for Unit 961 COD re Reimbursement for Light Fixture in Unit 1029 and Findings of Fact and pertinent correspondence

May offer.

51 52 53 5/23/03

AWBU 267 AWBU 752

Expects to offer. May offer. Expects to offer.

54 55 56 5/23/05

AWBU 352 AWBU 825 AERE-05-00950, AERE-05-00950 to 00980

Birchwood COE Field Office File for Unit 1029 Ft. Wainwright Family Housing Office File for Unit 1029 COD re Corrections of Vinyl of Units 1090 and 1111 and Findings of Fact and pertinent correspondence

Expects to offer. May offer. Expects to offer.

Page -5-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 6 of 36

DX 57 58 59 60 61

Date

Bates No. AWBU 388 AWBU 590 AWBU 402 AWBU 642

Description of Exhibit Birchwood COE Field Office File for Unit 1090 Ft. Wainwright Family Housing Office File for Unit 1090 Birchwood COE Field Office File for Unit 1111 Ft. Wainwright Family Housing Office File for Unit 1111 COD re: Carpet Pad Replacement in Unit 1155 Chennault and pertinent correspondence Connie Kiser's desk calendar showing inspection scheduled for 1155 Chennault Telephone Conversation form from Bach Pediatric Clinic Telephone Conversation form from Bach Pediatric Clinic re letter for housing department Letter from Major Nancy Cox of Bach Pediatric Clinic re carpet making baby sick at 1155 Chennault Email from Lisa Phillips to Vivian Snuyder and Michael Coker re: update on test results on carpet and dust samples from 1155 Chennault Page -6Expects to offer. May offer. Expects to offer. May offer. May offer.

Intro

Obj

Adm

Witness

Date

8/23/01

AERE-02-00074 to 00081 & AERE-01-01611 to 01621

62

1/18/01

May offer.

63 64

2/7/01 2/13/01

May offer. May offer.

65

2/13/01

May offer.

66

4/2/01

May offer.

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 7 of 36

DX 67

Date 4/5/01

Bates No.

Description of Exhibit USACHPPM note re: Results of analysis of three samples for bulk composition - carpet, dust and padding Fax from Mae Harrell to Conie Kiser forwarding carpet, dust and padding test results for "1155 C" Email from Michael Coker to Nakisha Williams re carpet and dust samples Fax from Army Center for Health Promotion and Preventive Medicine forwarding test results dated 3/30/01 Withdrawn May offer.

Intro

Obj

Adm

Witness

Date

68

4/18/01

May offer.

69 70

4/19/01 4/19/01

May offer. May offer.

71 72 4/20/01 AWBF-01-01513

Memo from Connie Kiser to Eldon Wartes re: replacement of carpet and pad at 1155 Chennault Email from Connie Kiser to Mae Harrell and Tom Petersen, re: carpet replacement at 1155, with attached 4/20 memo Draft memo from LTC Janice Fulton of Army Medical Department to Cindy Larsen re: Build Sample Analysis Report 1155 Chennault Court, Industrial Hygiene Project No. 64.01, forwarding 3/30/01 report

May offer.

73

4/23/01

May offer.

74

5/1/01

May offer.

Page -7-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 8 of 36

DX 75

Date 5/4/01

Bates No. AWBF-01-01509

Description of Exhibit NStar letter from Eldon Wartes to Connie Kiser re carpet replacement at unit 1155 Email from Mae Harrell to Bryan Williams, Tom Petersen, etc., re: Carpet Quarters 1155 Chennault (Boykins) carpet to be replaced, so cleaning was cancelled May offer.

Intro

Obj

Adm

Witness

Date

76

undated

May offer.

77

5/7/01

AWBF-01-01508

Memo from Connie Kiser to Eldon Wartes, re carpet replacement 1155 Chennault, incorrect carpet pad type Work Authorization # 0105-0003 for replacement of full carpet, govt share 75% of carpet only NStar Work Order # 4653, with Carpet and Rug Institute "Selecting Cushion" article and cost calculation sheet NStar letter from Eldon Wartes requesting COD decision on carpet and pad replacement 1155 Chennault Memo from Connie Kiser to Rod Everett, re: Incorrect Type of Carpet Pad Memo from Lt Clifton Edwards to Connie Kiser, re: Preventive Medicine Presonnel Present for Quarters Inspection of 1155 Chennault Ct. on 1/18/01 Page -8-

May offer.

78

5/8/01

AWBF-01-01503

May offer.

79

5/8/01

AWBF-01-01504 to 01507 AWBF-01-01502

May offer.

80

5/9/01

May offer. May offer.

81

8/7/01

AWBF-01-01501

82

6/17/02

May offer.

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 9 of 36

DX 83

Date 6/19/02

Bates No. AWBF-01-01518 to 01526 AWBU 831

Description of Exhibit Documentation on carpet and pad replacement using felt pad in quarters 1207 Manchu Court Ft. Wainwright Family Housing Office File for Unit 1155 COE memo from Dennis Klein to Col Brown, re: Audit of 801 Family Housing, APVR-RIR 09-A-96, w/ audit. Email from Tom Petersen to Connie Kiser, re: requesting access to NSAHC records for CID investigation on lock charges Email from Michael Meeks to Tom Petersen, re: CID investigation, Birchwood lock overcharges Withdrawn Withdrawn Withdrawn May offer.

Intro

Obj

Adm

Witness

Date

84 85 1/31/97

May offer. Expects to offer.

Depo Exh 208

86

10/11/01

Depo Exh 157

May offer.

87

11/4/01

Depo Exh Nos 158 & 119

May offer.

88 89 90 91 9/29/03 AWBM-17-001 thru 005 & Dep Exh No. 132 Aere-01-00483 to 00486 AERE-01-00476 to 00477

COD re Authority to Order Disputed Work, with Findings of Fact and pertinent correspondence

Expects to offer.

Page -9-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 10 of 36

DX 92

Date 12/1996

Bates No. Depo Exh No. 207 GOV 006957

Description of Exhibit COE memo from Col Brown to Dennis Klein, re: appointing Karen Goodrich to COR position Withdrawn May offer.

Intro

Obj

Adm

Witness

Date

93 94 7/30/99 AERE-03-00540

NStar letter from Eldon Wartes to Dennis Klein, re: recision of appointment to Karen Goodrich and appointment of Rodney Everett as COR COE memo from Dennis Klein to Rodney Everett, re: appointment to COR in administration of the 2 Section 801 housing contracts COE letter from Dennis Klein to Eldon Wartes re: 801 Project Manager authority to direct NorthStar to perform maintenance as required (final letter is undated but signed 2/11/00 and sent 2/14/00) Withdrawn

May offer.

95

11/4/99

AERE-03-00374 to 00377

May offer.

96

2/11/00 Final Undated

May offer.

97 98 3/26/02 AERE-01-00478 to 00482

COE memo from Harold Hopson to Rod Everett, re: designation as COR in administration of the 2 Section 801 lease-contracts Withdrawn

May offer.

99

Page -10-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 11 of 36

DX 100

Date 7/7/04

Bates No. AWBM 043-109 to 110

Description of Exhibit COE letter from Mae Harrell to Richard Fischer, re: Loris Dallas assuming duties as Housing Project Manager/Site Manager Withdrawn May offer.

Intro

Obj

Adm

Witness

Date

101 102 2/6/02 AERE-01-01866 to 01868 & Depo Exh No. 131

NStar letter from Eldon Wartes to Harold Hopson, re: send correspondence to Fairbanks office, and allegations of bad faith upon part of Govt, 1/28/02 COE letter attached Withdrawn Withdrawn

Expects to offer.

103 104 105 7/30/04 AWBM 043-028

NStar letter from Eldon Wartes to Harold Hopson, re: use of contractors other than North Star to perform maintenance and repair work at Birchwood Email from Eldon Wartes to Rhonda and Richard Fischer, re: Concerns with Lori Dallas COD re Cleaning of Units with Findings of Fact and pertinent correspondence Withdrawn Withdrawn Withdrawn Page -11-

May offer.

106

9/9/04

Depo Exh W 3 NSSTL-001397

May offer.

107

10/20/03

Expects to offer.

108 109 110

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 12 of 36

DX 111 112 113 114 115 116 117 118

Date

Bates No.

Description of Exhibit Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn

Intro

Obj

Adm

Witness

Date

8/4/03

Depo Exh No. 182 AWBU 253-006

Email from Connie Kiser to Cynthia Larson, re: QA Report Withdrawn Withdrawn

May offer.

119 120 121 3/26/98 AERE-01-01428 to 01439 & AERE-10-00202 to 225

COD re Depreciation and Replacement with Findings of Fact and pertinent correspondence Depreciation Spreadsheet 2002 - 2004 Birchwood Downtime Spreadsheet Depreciation Tracking Withdrawn

May offer.

122 123 124 125 126

6/2005 6/2005 6/2005

May offer. May offer. May offer.

1/27/00

COE letter from Col Nelson to Dick Fischer, re: carpet quality control issues Page -12-

Expects to offer.

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 13 of 36

DX 127

Date 7/11/00

Bates No.

Description of Exhibit COE letter from LtC MEeks to Eldon Wartes re: overcharges for lesser quality carpets Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Expects to offer.

Intro

Obj

Adm

Witness

Date

128 129 130 131 132 133 134 4/11/03 AWBF-01-00121

COE letter from Rod Everett to Eldon Wartes, re: replacement of appliances and appliance parts Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Page -13-

May offer.

135 136 137 138 139 140 141 142 143 144

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 14 of 36

DX 145 146 147 148 149 150

Date

Bates No.

Description of Exhibit Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn

Intro

Obj

Adm

Witness

Date

undated

COE letter from Col Mark Nelson to Dick Fischer, re: Chugach Alaska Corporation and carpet replacement at Birchwood AERE_01_01417 to 01427 & AERE_10_00154 to 00164 COD re Downtime Between Change of Occupancy and Findings of Facts and pertinent correspondence Withdrawn

May offer.

151

1/29/98

Expects to offer.

152 153 154 Undated Undated

Downtime Spreadsheet (response to Interrogatory #16) NStar letter from Dennis Wertz to Dennis Klein, re: 10% of the 400 total units turned over in June, Army manipulating turn over schedule Withdrawn Withdrawn Withdrawn

May offer. May offer.

155 156 157

Page -14-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 15 of 36

DX 158

Date 12/15/97

Bates No. GOV 007566 & 0075667 Depo Exh No. 217

Description of Exhibit Email from Col Stouder to LtC Curry, Tom Petersen, Michael Meeks, re: Birchwood housing turnover, with 12/19/97 LTC Curry email attached COE letter from Tom Petersen to Dennis Wertz, re: 7/16/98 meeting and backlog of vacant units at Birchwood Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn

Intro

Obj

Adm

Witness

Date

May offer. Expects to offer.

159

7/10/98

160 161 162 163 164 165 166 167 168 169 170 171 2/24/03 AWBF-01-00777 2/25/02

Email from Tom Petersen to Connie Kiser, re: Due Diligence Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn NStar letter from Eldon Wartes to Connie Kiser, re: 2003 Change of Occupancy

May offer.

May offer.

Page -15-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 16 of 36

DX 172

Date 3/5/03

Bates No. AWBF-01-00129

Description of Exhibit NStar letter from Eldon Wartes to Rod Everett, re: January 2003 Rent Abatement NStar letter from Eldon Wartes to Rod Everett, re: February 2003 Rent Abatement Withdrawn May offer. May offer.

Intro

Obj

Adm

Witness

Date

173

4/15/03

AWBF-01-00120

174 175 4/16/03 AERE-01-00589 to 00592 AWBF-01-00116

NStar letter from Eldon Wartes to Guy Hopson, re: Down Day Calculations for Repair Work NStar letter from Eldon Wartes to Rod Everett, re: March and April 2003 Rent Abatement NStar letter form Eldon Wartes to Rod Everett, re: Carpet Replacement 708 Trott NStar letter from Eldon Wartes to Rod Everett, re: May 2003 Rent Abatement NStar letter from Eldon Wartes to Rod Everett, re: June 2003 Rent Abatement Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Page -16-

May offer.

176

5/27/03

May offer.

177

7/2/03

AWBF-01-00110

May offer.

178 179 180 181 182 183 184

7/15/03 8/15/03

AWBF-01-00102 AWBF-01-00095

May offer. May offer.

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 17 of 36

DX 185 186 187 188 189 190 191 192 193 194 195 196

Date

Bates No.

Description of Exhibit Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn

Intro

Obj

Adm

Witness

Date

1/6/88

Findings of Fact to Accompany Contracting Officer's Decision, by Col. Gregory, re: Responsibility for Payment of Charges, Refuse Collection COD re Frequency of Garbage Collection and Findings of Fact with pertinent correspondence Depo Exh No. 201 NStar letter from Richard Fischer to Dennis Klein, re: garbage dump site on base or outside Ft. Wainwright Withdrawn

Expects to offer.

197

1/23/98

Expects to offer. May offer.

198

5/22/96

199

Page -17-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 18 of 36

DX 200

Date 7/18/97

Bates No. AWBF_01_0161 9

Description of Exhibit Army letter from Col Brown to Richard Fischer re: scheduling meeting after July 28, 1997, re: use of Ft. Wainwright's landfill Withdrawn May offer.

Intro

Obj

Adm

Witness

Date

201 202 6/30/88

NStar letter from Bill Lacher to Col. Gregory, COE, re: 6/28/88 meeting discussing frequency of refuse collection by City of Fairbanks, etc. Memo for Record by Patricia Moore, re: frequency of garbage collection, Army is requesting twice weekly collection Army letter from LtCol Ruff to Dennis Wertz, re: 5/19/88 Maintenance Incentive Fee meeting, where garbage collection was discussed Memo for Record by Patricia Moore, re: frequency of garbage collection, and telecon with Mr. O'Grady of City of Fairbanks Public Works Dept. Memo from Dennis Klein to Commander, Ft. Richardson, re: City of Fairbanks refuse collection NStar letter from Bill Lacher to Dennis Klein, re: COE vs DEH at Ft. Richardson

May offer.

203

8/26/88

Expects to offer.

204

9/2/88

Expects to offer.

205

9/2/88

Expects to offer.

206

9/8/88

Expects to offer.

207

9/15/88

Expects to offer.

Page -18-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 19 of 36

DX 208

Date 10/24/88

Bates No.

Description of Exhibit Memo from Col. Kakel to Commander, 6th Infantry Div., re: refuse collection Memo from Col. Kakel to Commander, re: refuse collection Withdrawn Withdrawn Withdrawn Expects to offer.

Intro

Obj

Adm

Witness

Date

209 210 211 212 213

11/2/88

Expects to offer.

11/17/99

AWBF-01-00331 to 00332`

COE letter from Rod Everett to Eldon Wartes, re: clarification of responsibilities in management of Birchwood housing facilities NStar letter from Edward Thenell to Rod Everett, re: responding to Rod's 11/17/99 letter Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn

May offer.

214

11/18/99

AERE-03-00361 to 00362

May offer.

215 216 217 218 219 220 221 222

Page -19-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 20 of 36

DX 223 224 225 226 227 228 229 230 231 232 233 234

Date

Bates No.

Description of Exhibit Withdrawn

Intro

Obj

Adm

Witness

Date

3/24/03

Depo Exh No. 6

Memo from Connie Kiser to Eldon Wartes, re: Inspection Procedures Withdrawn Withdrawn

May offer.

3/26/03

AERE-05-00996

Memo from Connie Kiser to Eldon Wartes, re: Inspection Process Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn

May offer.

11/20/97

Depo Exh No. 215

COE letter from Dennis Klein to Richard Fischer, re: Exhibit C of Lease requirements for complete interior painting Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn

Expects to offer.

235 236 237 238 239

Page -20-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 21 of 36

DX 240 241

Date

Bates No.

Description of Exhibit Withdrawn

Intro

Obj

Adm

Witness

Date

5/28/98

Depo Exh No. 220 Depo Exh No. W4 NSSTL-000114

Email from Lorraine Kush to Dennis Klein, re: various contractor overhead and profit amounts North Star spreadsheet: "10% Unpaid Overhead on Work Authorization Invoices Billed to Government" Withdrawn

May offer. May offer.

242

Undated

243 244 3/3/03 AWBF-01-00130

NStar letter from Eldon Wartes to Guy Hopson, re: Overhead, responding to Hopson letter of 2/27/03 COE letter from Guy Hopson to Eldon Wartes, re: responding to 3/3/03 letter on overhead NStar letter from Eldon Wartes to Guy Hopson, re: Overhead, with marginalia Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Page -21-

May offer.

245

3/6/03

AWBF-01-00128

May offer. May offer.

246

3/7/03

AWBF-01-00126

247 248 249 250 251 252 253

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 22 of 36

DX 254 255 256 257 258

Date

Bates No.

Description of Exhibit Withdrawn Withdrawn Withdrawn Withdrawn

Intro

Obj

Adm

Witness

Date

19961997

Depo Exh No. 204 AWFH-20-00971

Draft memo from Karen Goodrich to LTC Young and Holly, COL Brown to Dennis Klein, re: Rent Reductions for Calendar Year 1996 (CY96) Withdrawn

Expects to offer.

259 260 10/26/99 Depo Exh No. 26 AWFH-17-01295 Depo Exh No. 27 ARPW-01-00351

Memo from Mae Harrell to Contracting Officer, Real Estate, re: Rent Reduction, 801 Housing, NSAHC COE letter from Rodney Everett to Commander, Ft. Wainwright, re: Request for Rent Deduction, responding to 10/26/99 memo NStar letter from Eldon Wartes to Guy Hopson, re: August and September 2003 Rent Abatement Withdrawn Withdrawn

May offer.

261

11/2/99

May offer.

262

12/4/03

Depo Exh No. 70

May offer.

263 264 265 2/17/99 Depo Exh No. 24 AWFH-20-00339

Memo for the Record by Col Mark Nelson, re: Army Family Housing Self-Help Reductions, FY 99. Withdrawn Page -22-

Expects to offer.

266

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 23 of 36

DX 267 268

Date

Bates No.

Description of Exhibit Withdrawn

Intro

Obj

Adm

Witness

Date

8/19/04

Depo Exh No. W7 NSSTL-004170

Email from Eldon Wartes to Rhonda Sekyra and Richard Fischer, re: selfhelp Withdrawn

May offer.

269 270 12/15/95

Draft Memo from APVR-RPW-H to NSAHC, re: January 1996 Incentive Award Meeting, Birchwood 801 Site Withdrawn

May offer.

271 272 12/18/95

COE letter from Tom Petersen to Dennis Wertz and Dick Fischer, re: awaiting interpretation of settlement agreement regarding garbage collection and partnering on other issues NStar letter from Dennis Wertz to Tom Petersen, re: responding to 12/18/95 letter re: garbage collection, etc. Withdrawn

Expects to offer.

273

12/20/95

Expects to offer.

274 275 1/3/96

NStar letter from Dennis Wertz to Col. Albert Kraus re: January 1996 Incentive Award Meeting Withdrawn

Expects to offer.

276

Page -23-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 24 of 36

DX 277

Date 1/11/96

Bates No.

Description of Exhibit NStar letter from Dennis Wertz to Col Kraus, re: January 1996 Incentive Award and Kraus's memo of 1/10/96 (attached) (See DX 279 for corrections to 1/11/96 letter by Wertz) COE memo from Tom Petersen to DPW, re: NStar Incentive Award meeting After Action Reports, with handwritten comments NStar letter from Dennis Wertz to Col. Kraus, re: 1996 Incentive Award and corrections to 1/11/96 letter Withdrawn Expects to offer.

Intro

Obj

Adm

Witness

Date

278

1/13/96

Expects to offer.

279

1/15/96

May offer.

280 281 9/5/96 Depo Exh No. 104 ARPW-03-00638 to 00639

Memo from Tom Petersen to Dennis Klein, re: liability for fire damage, Birchwood 801 Lease, and Klein's response, dated 9/5/96 Withdrawn Withdrawn

Expects to offer.

282 283 284 1/8/97

NStar Incentive Meeting, Fourth Quarter 1996, 1/8/97, with attached spreadsheets Withdrawn

May offer.

285

Page -24-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 25 of 36

DX 286

Date 4/26/97 4/9/97

Bates No.

Description of Exhibit DPW letter from Col Brown to Dick Fischer, re: authorizing the 1996 Incentive Award for $39,000 and excerpt from 4/9/97 meeting transcript between DPW and NStar re: incentive award, etc. Withdrawn Expects to offer.

Intro

Obj

Adm

Witness

Date

287 288 6/6/97

DPW letter from Col Brown to Dick Fischer, re: how award fee is determined Withdrawn Withdrawn Withdrawn

Expects to offer.

289 290 291 292 9/11/97

NStar letter from Billie Menefee to Tom Petersen, re: requesting withdrawal of survey in present format DPW letter from Tom Petersen to Billie Menefee, re: survey Depo Exh No. 214 GOV 007217 AERE-03-00997 to 01041 DPW letter from Col Brown to Richard Fisher, responding to 7/11/97 letter and 7/9/97 evaluation meeting Transcript of Quarterly Evaluation Meeting: July, August and September 1997

May offer.

293 294

9/15/97 9/16/97

Expects to offer. Expects to offer.

295

10/15/97

Expects to offer.

Page -25-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 26 of 36

DX 296

Date 11/11/97

Bates No.

Description of Exhibit DPW letter from Col Brown to Richard Fischer, re: follow-up to 10/97 evaluation meeting, 7/11/97 and 8/1/97 letters Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn May offer.

Intro

Obj

Adm

Witness

Date

297 298 299 300 301 302 303 304 305 306 307 1999 Depo Exh No. W1 NSSTL-000699

1999 Bonus spreadsheet - North Star Incentive Bonus with amounts paid NSN 7540 form for "Services Other Than Personal" showing $3,730.00 paid for 1998 Incentive Fee DPW letter from Tom Petersen to Eldon Wartes, re: meeting on 7/23/99 and issues for 8/12/99 meeting

Expects to offer.

308

5/19/99

Expects to offer.

309

8/3/99

Expects to offer.

Page -26-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 27 of 36

DX 310

Date 11/23/99

Bates No.

Description of Exhibit Letter from Col Nelson to Eldon Wartes, re: FWA TownHall meeting and 1998 incentive award evaluation issues NStar letter from Edward Thenell to Col Nelson, re: 11/23/99 letter and misunderstanding of NStar performance NStar letter from Eldon Wartes to Tom Petersen, re: 12/1999 executive meeting and carpet quality DPW letter from Tom Petersen to Eldon Wartes, re: 12/29/99 letter on defective carpeting and 1999 incentive award Withdrawn Withdrawn Withdrawn Expects to offer.

Intro

Obj

Adm

Witness

Date

311

11/30/99

Expects to offer.

312

1/23/00

Expects to offer.

313

1/24/00

Expects to offer.

314 315 316 317 6/9/00

DPW letter from Col Nelson to Richard Fischer, re: settlement and recommending no incentive award for Jan-June 2000 Incentive Fee Charter 20 September 2000 and 1999 Incentive Award Matrix Withdrawn

Expects to offer.

318

9/20/00

May offer.

319

Page -27-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 28 of 36

DX 320 321

Date

Bates No.

Description of Exhibit Withdrawn

Intro

Obj

Adm

Witness

Date

12/20/00

DPW letter from Tom Petersen to Dick Fischer, re: recent Birchwood Maintenance Performance Evaluation Meeting Withdrawn

Expects to offer.

322 323 4/5/01

Email from Dennis Klein to Tom Petersen, etc., re: Birchwood Incentive Award Update Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn

May offer.

324 325 326 327 328 329 330 331 332 333 334 335

Page -28-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 29 of 36

DX 336

Date Undated & 2/17/04

Bates No. Depo Exh No. 152

Description of Exhibit Birchwood Maintenance Evaluation Meeting Chronology 1996 - 2000 with email from Tom Petersen to Barbara Lehman, etc., forwarding the chronology Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn May offer.

Intro

Obj

Adm

Witness

Date

337 338 339 340 341 342 343 344 345 7/22/04

DPW letter from Allan Lucht to Richard Fischer, re: replacing Col Snodgrass on Birchwood Incentive Board and tenant survey NSSTL-000394 Draft letter from Eldon Wartes to Cindy Larson, re: Janitorial services provided by North Star in the Government's Birchwood Office and 2003 incentive fee award Excel spreadsheet "Scenario with 5 Full Time" North Star employees, by Nash personnel analysis

Expects to offer.

346

8/31/04

Expects to offer.

347

Undated

Depo Exh No. W5 NSSTL-000087

Expects to offer.

Page -29-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 30 of 36

DX 348 349

Date

Bates No.

Description of Exhibit Withdrawn

Intro

Obj

Adm

Witness

Date

10/2/02

AWBF-04-01043

Memo for Eldon Wartes re: Your memo dated 9/30/02, re: Work Authorizations Withdrawn Withdrawn Withdrawn

May offer.

350 351 352 353 9/22/03 Depo Exh No. 60

Memo from Connie Kiser to Eldon Wartes, re: work authorization omissions for unit 1255 Sykes Withdrawn

May offer.

354 355 4/1/97 AWBF-04-00231

Memo from Karen Goodrich to Ms. Menefee, re: 27 February Cost List for Work Authorization Withdrawn

May offer.

356 357 3/5/98 AWBF-04-00244 to 00251

Fax from IRACO to Ed Miller, requesting back up documentation to FY 97 Carpet review spreadsheet work authorizations, with attachments Letter from Karen Goodrich to Billie Menefee, re: 1998 Repair Cost List for Work Authorizations, with attachments NStar letter from Billie Menefee to Karen Goodrich, re: response to 4/13/98 memo

May offer.

358

4/13/98

AWBF-04-00236 to 00243 AWBF-04-00234

May offer.

359

4/20/98

May offer.

Page -30-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 31 of 36

DX 360 361

Date

Bates No.

Description of Exhibit Withdrawn

Intro

Obj

Adm

Witness

Date

3/11/02

Depo Exh No. 173

Memo from Connie Kiser to All concerned, re: maintenance procedures for Birchwood Housing Withdrawn

May offer.

362 363 364 9/13/95 11/27/95

1995 Settlement Agreement Stewart Sokol & Gray letter from John Stewart to Donald Kinner, DOJ, re: settlement agreement and garbage collection Letter from Dennis Klein to Dennis Wertz, re: garbage collection Letter from Tom Petersen to Dennis Wertz/Dick Fischer, re: settlement agreement and garbage collection NStar letter from Dennis Wertz to Tom Petersen, re: responding to 12/18/95 letter on garbage collection Settlement Agreement of Contract Disputes and Claims Presented in NSAHC v US, CFC No. 98-168C Withdrawn Withdrawn

Expects to offer. Expects to offer.

365 366

12/1/95 12/18/95

Expects to offer. Expects to offer.

367

12/20/95

Expects to offer.

368

5/26/00

Expects to offer.

369 370 371 6/8/01 Depo Exh No. 116

Declaration of Thomas B. Petersen

May offer.

Page -31-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 32 of 36

DX 372 373

Date

Bates No.

Description of Exhibit Withdrawn

Intro

Obj

Adm

Witness

Date

1/30/02

Depo Exh No. 173

Memo from Cyndi Larson/Mae Harrell to Housing Staff, re: Carpet/Door Replacement, Birchwood Issues, & Projection Reassessment and recision of settlement agreement Affidavit of John Spencer Stewart with exhibits Withdrawn Withdrawn

May offer.

374 375 376 377

5/8/02

AERE-01-01589 to 01602

May offer.

6/12/98

ARPW-02-00708 to 00728 AERE-03-00810 to 00851

Advisory Audit of Contract Management Birchwood Estates, APVR-RIR 05-A-98 Follow-up Audit of 801 Family Housing Birchwood Estates, APVRRIR 01-F-98 Withdrawn

May offer.

378

6/8/98

May offer.

379 380 381 382 2/11/99 AERE-01-01458 to 01461 1998 Depo Exh No. 108

Draft Primary Duties for Management Analyst, memos, etc. Withdrawn Excerpt from transcript of meeting in Judge Bruggink's chambers to discuss carpet issues, etc. Withdrawn Withdrawn Page -32-

May offer.

May offer.

383 384

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 33 of 36

DX 385 386 387 388 389 390

Date

Bates No.

Description of Exhibit Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn

Intro

Obj

Adm

Witness

Date

7/21/01

Depo Exh No. 173

Memo from Victoria Bruzese, Post Commander, to FWA Inbound Families, re: Off-Post Housing Adequacy Criteria, and USARAK Family Housing Policy dated September 2001 Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn

May offer.

391 392 393 394 395 396 397 398 399 400 401 5/19/88 8/16/95 10/11/95 1/8/96 4/3/96 1/8/97

Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes

May offer. May offer. May offer. May offer. May offer. May offer.

Page -33-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 34 of 36

DX 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422

Date 4/8/97 4/9/97 6/4/97 6/26/97 7/9/97 7/24/97 8/1/97 10/2/97 10/15/97 11/6/97 12/11/97 1/7/98 1/9/98 2/17/98 6/11/98 6/19/98 7/2/98 7/9/98 9/2/98 7/23/99 8/4/99

Bates No.

Description of Exhibit Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Meeting Minutes Page -34May offer. May offer. May offer. May offer. May offer. May offer. May offer. May offer. May offer. May offer. May offer. May offer. May offer. May offer. May offer. May offer. May offer. May offer. May offer. May offer. May offer.

Intro

Obj

Adm

Witness

Date

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 35 of 36

DX 423

Date 9/20/00 10/10/00 12/15/00 1998

Bates No.

Description of Exhibit NStar letter from Eldon Wartes to Tom Petersen re: performance evaluation meeting September 2000 Agenda for Birchwood Maintenance Evaluation Meeting May offer.

Intro

Obj

Adm

Witness

Date

424 425

May offer. May offer.

AWBF-02-01250 to 01255 AWBF-02-01279

Sullivan & Associates cover letter to Birchwood Tenants forwarding the 1998 Birchwood Tenant Survey Memo from Tom Petersen to Director of Public Works forwarding the completed 1998 Birchwood Tenant Survey 1998 Birchwood Tenant Survey

426

11/24/98

May offer.

427 428

11/6/98 11/3/98 AWFH-18-00249 to 00261 AWBF-02-01261 to 01322 ARPW-01-01589 to 01625 ARPW-01-01653 to 01667 ARPW-01-01688 to 01709 AWFH-17-02270 to 01233

May offer. May offer. May offer. May offer. May offer. May offer. May offer.

Excerpt from 1998 Birchwood Tenant Survey results with marginalia and handwritten calculations 1999 Birchwood Tenant Survey 2000 Birchwood Tenant Survey 2001 Birchwood Tenant Survey 2002 Birchwood Tenant Survey 2003 Birchwood Tenant Survey

429 430 431 432 433

11/30/99 11/9/00 7/18/01 8/19/02 11/25/03

Page -35-

Case 1:98-cv-00168-FMA

Document 298-2

Filed 07/20/2005

Page 36 of 36

Page -36-