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

January 25, 2011 Gregory W. Sullivan, Inspector General Office of Inspector General John W. McCormack State Office Building One Ashburton Place, Room 1311 Boston, MA 02108 Re: Johnson Golf Management - Town of Duxbury, North Hill Golf Course Middlesex Superior Court No. 08-04641

Dear Mr. Sullivan: This office is counsel of record for Johnson Golf Management in the above referenced action. Having been provided a copy of your letter to Mr. Macdonald dated January 21, 2011, I thought it appropriate to alert you to the fact that the background information which the Town of Duxbury provided to you was not accurate. I enclose for your review the order of Judge Smith from February 2009 (a copy of which was provided to Attorney John Craven of your office when it was issued.) As you can easily see, Judge Smith determined that it was incredible to him that anyone could rate CALM Golf as highly advantageous. He further found that it was likely that my client, Johnson Golf would be successful on the merits of the case. The case includes a count seeking a declaratory judgment that my client is entitled to an award of the contract on the terms described in my clients proposal in 2008. We expect a judicial determination on the declaratory judgment action in calendar year 2011. In the meantime, Johnson Golf continues to operate the golf course pursuant to the orders of Middlesex Superior Court. As you can see from Judge Smiths decision in 2009, it was readily apparent that CALM Golf was a totally unqualified company in 2008 and 2009. Additionally, CALM Golf was outbid by $140,000.00 by my client in October 2008 and there was no reason to re-bid the contract at that time. The statement by Duxbury that the bids were rejected due to the fact that one of the evaluators was made aware of the price proposals is simply not true. The Town of Duxburys procurement officer and its counsel have repeatedly misrepresented facts to the Court, to the Selectmen and to you in the hopes of having someone ratify their procurement process at the North Hill Golf Course. Their process was and continues to be in

total disregard of the mandates of G.L. c. 30B. We have an abundance of material confirming that Duxbury has been engaged in a cover up ever since the details of this procurement came to light in 2008. I would be happy to speak with or meet you or anyone on your staff to provide you with the complete factual background of this procurement process. We made a request to your office to investigate this matter in 2008 and we once again would ask you to do so.

Thank you for your attention.

Very truly yours,

Stephen R. Follansbee cc. Douglas W. Johnson