440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700

June 6, 1997                                                                         04 00065 97060602

Mr. Max R. Blodgett, II, P.E., L.S.
Construction Operations Division
U.S. Army Corps of Engineers
San Francisco District
333 Market Street; Room 806A
San Francisco, CA  94105 1905

Subject:  CE claim support
Dear Max,

Tom evidently had a meeting with DE that resulted in a request for analysis of DE's Operation Plan. My discussion with Tom this morning indicated another several weeks delay has now been introduced in submitting a memo to DE on providing Communication Metrics support for the District, pending completion of Tom's analysis of the Operation Plan requested by DE. The original memo was prepared on Apr 22, and revised most recently on May 30.

The attached memo suggests consideration be given to submitting the memo to DE now, since it is aimed at securing assistance to perform the analysis, much of which has already been done in the SDS record. Experience indicates that without additional assistance, days become weeks and weeks become months. So I am searching for a constructive way to move forward.

Please advise of any ideas.

Tom and I also discussed the need to provide Communication Metrics on Oakland to protect the government's interests relative to Dutra's claims. There is generally a tendancy in claims work to bifurcate conduct of continuing work, from analysis of entitlement on prior claims. This view regards the past record as static. I believe that is incorrect and that the District has an excellent opportunity at this time to show in the record each day forward that it is performing its duties and is also facilitating the contractor in performing its duties, but that the contractor is failing to perform which in turn impacts entitlement on past and future claims.

This process is explained as Command and Control of the Record in my paper "POIMS, the Art of Automated Management for the 21st Century." The current risk exposure to the District and to the Port may warrant consideration to use this method. I realize you are aware of this advantage in using Communication Metrics based on our meeting on Sep 20, 1996. I also deeply appreciate your faith in giving me the opporutnity to demonstrate the methodology last year. If there is anything I can do to help in the current situation, just let me know.



Rod Welch