FOLLANSBEE AND MCLEOD, LLP

ATTORNEYS AT LAW

536 G RA NITE S TREET , 3 R D F LO OR E A ST B RA INTR EE , M A SSAC H U SETTS 02184
TELEPHONE (781) 848-1500 FACSIMILE (781) 848-2220

December 9, 2008 Office of Inspector General John W. McCormack State Office Building One Ashburton Place, Room 1311 Boston, MA 02108

VIA FACSIMILE 617-723-2334 & First Class Mail

Re:

Johnson Golf Management - Town of Duxbury, North Hill Golf Course

Dear Sir/Madam: Kindly accept this letter as a request to investigate the ongoing RFP Process at the North Hill Country Club, owned by the Town of Duxbury. We furthermore wish to protest the decision of the Town of Duxbury to reject the proposal submitted by Johnson Golf Management on October 24, 2008. The proposals were submitted in October 2008. The price and non-price proposals of Johnson Golf Management were submitted on October 24, 2008. It is believed that the Non-Price Proposal of Johnson Golf Management was rated “Highly Advantageous” by the Town of Duxbury. It is not possible to say so for certain only because the Town of Duxbury has re-located all its records regarding the RFP Process to its attorney’s private law office in Sandwich, Massachusetts and the public records are not available for inspection and/or copying.1
Notes to file regarding attempts to review public records in the Town of Duxbury - Monday December 8, 2008 - 9:30am W ent to Duxbury Town hall to review records; Town Manager advised that all records related to North Hill RFP are now in Attorney Troy’s office in Sandwich. 9:34am called Atty. Troy at 508 -888-5700 and was told that he was in a meeting and would get back to me. I left my cell phone number 617-721-5251. 11:47am Sent e-mail to Atty. Troy (rstroy1@msn.com ) asking if I could come down to review records. “I went to the Duxbury Town Hall this morning to review the following documents pertaining to the North Hill Country Club Request for Proposals: 1. Non-Price Proposals 2. Price Proposals 3. Evaluations 4. Decision by Chief Procurement Officer
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On December 3, 2008 the Town of Duxbury, acting through its chief procurement officer purported to “........reject any and all submittals in response to the Request for Proposals for the North Hill Country Club because it is in the public interest to do so.” Attached hereto marked “A” is a copy of the one paragraph letter from the Duxbury Town Manager to Johnson Golf Management. There was no explanation offered by the Town of Duxbury as to why the rejection of the proposals was “in the public interest.” Johnson Golf Management’s proposal included every item designated in the RFP to earn a rating of “Highly Advantageous.” In addition, Johnson Golf Management’s price proposal reflected a fair and equitable payment structure based upon the Town of Duxbury’s decision to cut its own costs with regard to budget items at the North Hill Country Club. The Town of Duxbury began advertising for a new RFP for the North Hill Country Club on December 4, 2008, one day after it sent out the letter purporting to reject all proposals. A copy of the advertisement is provided below. 2 It is believed that the decision of the Town of Duxbury to reject all proposals is not based upon the interests of the taxpayers of Duxbury but rather is based upon impermissible motives to promote the interests of certain individuals who enjoy favorable golfing privileges at the North Hill Country

Mr. Richard MacDonald, the Town Manager, told me that the records were all being kept at your office in Sandwich. I called your office at 9:30am to see if I could come down to look at the records, but your assistant told me that you were in a meeting and unavailable. Please advise if I can come down to review the documents this afternoon.”

12:38 pm Sent a facsimile to Atty. Troy again asking if I could come down today to review the records. 12:47pm called Atty. Troy at 508-888-5700 and after being asked who I was, I was told that he was in a meeting and would get back to me. I told the woman answering the phone that I was calling about the RFP at the Golf Course in Duxbury and I left my cell phone number, 617-721-5251. 3:07pm called Atty. Troy at 508-888-5700 and after being asked who I was, I was told that he was in a meeting and would get back to me. I told the woman answering the phone that I was calling about the RFP at the Golf Course in Duxbury and I left my cell phone number, 617-721-5251.

TOWN OF DUXBURY REQUEST FOR PROPOSALS -Lease of North Hill Country Club -The Town of Duxbury will be accepting proposals from firms to lease and manage North Hill Country Club for a term of five years. Forms for said proposals may be obtained at the Duxbury Recreation Department, 22 Washington St, Duxbury, MA. on December 10th at 10am. The Town Manager is the awarding authority for this lease. Questions relative to said proposals may be directed to Gordon H. Cushing, Recreation Director, Town of Duxbury (781) 934-7034.

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Club.

Thank you for your attention.

Very truly yours,

Stephen R. Follansbee cc. Town Manager, Town of Duxbury Douglas W. Johnson Robert S. Troy, Esq., Town Counsel

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