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


S U M M A R Y


DIARY: September 13, 1996 08:40 AM Friday; Rod Welch

Visited Tom re COE contract for Communication Metrics

1...Summary/Objective
2...Welch Scope Covers Communication Metrics
.....Collaboration, Follow Up, Shared Meaning
.....Subject Index Organizes Information for Relevance
3...This contract enables USACE to evaluate application and scope of Com
....Adequate Evaluation/Service for COE
4...Claim Support Part of Communication Metrics
5...Contractor's Claim - Initial Analysis
6...Based on the foregoing understandings I ordered a notebook computer to


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CONTACTS 
0201 - Corps of Engineers, SFD            415 977 8400 fax 3449
020101 - Mr. Thompson F. Keesling; Architect =415 977 8473
020102 - Construction - Operations Division   =415 977 8480
0202 - Corps of Engineers, SFD            415 977 8400 fax 8483
020201 - Ms. Offel Rosales; Contracting Officer =415 977 8499
020202 - Contracting Division

SUBJECTS
SDS, Marketing, Sales, Proposal, Contract & Support
Corps of Engineers, SFD
Communication Manager, Subject Index, Contacts
Shared Meaning, Build, Maintain, Collaboration

1206 -    ..
1207 - Summary/Objective
1208 -
120801 - Follow up ref SDS 19 0000, ref SDS 18 0000.
120802 -
120803 - Finalized understandings on contract with Tom.  Offel called and
120804 - advised purchase order will be ready this afternoon.  Discussed Tom's
120805 - analysis of Contractor's claim.
120806 -
120807 -     [See follow up receiving the contract at ref SDS 21 line 117, and
120808 -     then began work at ref SDS 22 line 64.]
120809 -
120810 -
1209 -
1210 -
1211 - Discussion
1212 -
121201 - Explained discussions with Offel yesterday, ref SDS 19 7338.  Tom said
121202 - Welch should have received the scope for review.
121203 -
121204 -
121205 -  ..
121206 - Welch Scope Covers Communication Metrics
121207 -
121208 - Tom provided the information on DA form 3953 (760801), which shows the
121209 - scope of work that cites the full range of services we have discussed,
121210 - e.g., meeting on 960209, ref SDS 2 5810.  The contract expressly calls
121211 - for "Communication Metrics" in para 1D1c and d. ref DRT 1 3884  This
121212 - meets our goal to get Communication Metrics into the official record
121213 - so it is not a foreign term, which caused a problem for Kwan Henmi
121214 - with SFIA on 960424. ref SDS 4 7740
121215 -
121216 -         [On 970418 received report from CESPN reviewing results of
121217 -         using Communication Metrics in this contract. ref SDS 37 3368]
121218 -
121219 -      ..
121220 -     Collaboration, Follow Up, Shared Meaning
121221 -     Subject Index Organizes Information for Relevance
121222 -
121223 -     The contract does not mention the need to create a "Subject Index"
121224 -     discussed on 960209, ref SDS 2 8338, nor the "Collaboration" role
121225 -     to build and maintain "shared meaning" (also called "follow up"),
121226 -     previously explained as inherent aspects of Communication Metrics,
121227 -     per ref SDS 2 1129.  Contacts was discussed on 960209 as a
121228 -     specific task that needs to be set up. ref SDS 2 9338.
121229 -
121230 -     The scope explains purpose of organic subject structure to
121231 -     correlate work from meetings, calls, documents with contract
121232 -     requirements. ref DRT 1 3884
121233 -     ..
121234 -     Tom, or his designee, and I need to work on planning the
121235 -     Subject Index, beginning with getting the contract number for this
121236 -     project.
121237 -
121238 -         [On 960920 reviewed need for Subject Index, ref SDS 24 8344;
121239 -         on 960921 began work on SI. ref SDS 25 0000; on 961015 met
121240 -         wtih Tom to review SI. ref SDS 26 0000]
121241 -
121242 -
121243 -  ..
121244 -
121245 - This contract enables USACE to evaluate application and scope of Com
121246 - Metrics, from the meeting with Max on 960214. ref SDS 3 1111, and our
121247 - initial budget objectives, ref SDS 1 1122.  It provides a chance for
121248 - COE to learn from actual experience the meaning of Communication
121249 - Metrics so they can decide how to use it in relation to USACE culture,
121250 - per ref SDS 5 4444, and at ref SDS 7 2222.  Tom adjusted the estimate
121251 - of 24 meetings down to 22 meetings, to reflect payment at the rate of
121252 - $100 per hour, as agreed previously at ref SDS 19 1111.
121253 -
121254 -       [On 960924 Max asks Tom to deploy Communication Metrics to
121255 -       Oakland Harbor project. ref SDS 27 4454]
121256 -
121257 -       [On 961025 plan to extend contract. ref SDS 31 0000]
121258 -
121259 -       [On 961101 Tom Keesing. Tom Benero, Contracting Officer, and
121260 -       Herb Cheong, PM, plan to extend Communication Metrics support on
121261 -       Oakland. and ref SDS 32 4839
121262 -
121263 -       [On 961101 analysis of initial plan for 22 meetings relative to
121264 -       the meaning of Communication Metrics. ref SDS 32 8888]
121265 -
121266 -       [On 961127 Contracting Officer Tom Benero wants to change
121267 -       procurement method for Communication Metrics. ref SDS 33 8555]
121268 -
121269 -       [On 961205 Communication Metrics discussed at partnering meeting
121270 -       with Port of Oakland. ref SDS 34 0000]
121271 -
121272 -       [On 961223 District Counsel John Eft indicates CESPN needs
121273 -       formal definition of Communication Metrics to distinguish from
121274 -       ordinary litigation support. ref SDS 35 5849.]
121275 -    ..
121276 -    I received from Tom this morning a copy of an Estimate of
121277 -    Services showing a negotiation on 960913 (today) that revises the
121278 -    initial estimated hours to 220 at the $100 per hour rate.
121279 -
121280 -        Meetings                       22       4       88
121281 -        Drafts                         22       2       44
121282 -        Finals                         22       1       22
121283 -        COE Reviews                    22       1       22
121284 -        Follow up/training, research   22       2       44
121285 -      • Mobilizaton
121286 -                                                      -----
121287 -                                                       220
121288 -
121289 -        Cost per hour    100 x 220   22,000
121290 -        Mileage shows    1200 x $.32    384
121291 -        Reproduction                  1,000
121292 -                                    --------
121293 -                                    $23,384
121294 -
121295 -      • <QE67 Later in the afternoon I called and discussed with Tom
121296 -        that there is some mobilization time that could be included.
121297 -        Tom wants to avoid making an additional item for mobilization
121298 -        and simply include it as part of the hours estimated for
121299 -        meetings and other activities.
121300 -
121301 -
121302 - Tom expects to evaluate performance of Communication Metrics within a
121303 - few months with respect to expanding scope per our original objective,
121304 - ref SDS 1 line 378.
121305 -
121306 -       [See follow up at ref SDS 30 3829; ref SDS 31 3844.]
121307 -
121308 -
121309 -     ..
121310 -    Adequate Evaluation/Service for COE
121311 -
121312 -    My feeling is that having agreed on a reasonable rate, it is very
121313 -    easy to provide additional hours of service so COE can fully
121314 -    evaluate Communication Metrics and Welch, and to accomplish the
121315 -    full range of work Tom and Max have in mind, so it fits within
121316 -    their budget objectives.
121317 -
121318 -
121319 - He will advise Offel of revised estimate so she can submit the
121320 - purchase order to Welch.
121321 -
121322 - Tom has a meeting scheduled for next week on Tuesday with the Claim
121323 - Team to explain his initial analysis and preliminary findings.  It
121324 - will be in the afternoon.  He wants me to attend as the launch for the
121325 - Welch services.  Tom will advise of the specific time.
121326 -
121327 -
121328 -  ..
121329 - Claim Support Part of Communication Metrics
121330 -
121331 - The scope of services does not expressly mention claim analysis, the
121332 - Claim Team, nor claim support, however, claim support is a natural
121333 - derivitive of Communication Metrics which is the deliverable of the
121334 - Welch contract, ref DRT 1 3884, as discussed with Tom on 960906,
121335 - ref SDS 17 4455, in relation to the paper explaining Concurrent
121336 - Discovery. ref OF 1 1476
121337 -
121338 -      [On 960920 Max advised he wants Communication Metrics to provide
121339 -      claim support. ref SDS 24 9530
121340 -
121341 -      [On 961015 at a meeting with the Contracting Officer, District
121342 -      Counsel Jim Stout reviewed and approved Communication Metrics
121343 -      methodology. ref SDS 28 8830; on 961018 the method of "Concurrent
121344 -      Discovery." was discussed with Jim Stout again, ref SDS 29 8588;
121345 -      on 970113 Jim advised of general oppositoin by Port of Oakland to
121346 -      CESPN having strong representation. ref SDS 36 8333]
121347 -    ..
121348 -    Scheduled to attend that meeting.
121349 -
121350 - He indicated there should be a workstation I can use in their office,
121351 - that is a few modules down from his office.  We can investiage and
121352 - configure the work area when we meet next Tuesday.
121353 -
121354 -
121355 -  ..
121356 - Contractor's Claim - Initial Analysis
121357 -
121358 - Following up our discussion on 960906 for Welch to support the new
121359 - Claim Team that Tom is leading, ref SDS 17 4455, he showed some
121360 - initial drawings he prepared of the dredging area marked according to
121361 - plan details.  It seems that a key aspect of COE's analysis so far is
121362 - that the contractor bid the same unit price for material that is
121363 - hauled to two different disposal sites.  The contractor seems to be
121364 - claiming that because more material was hauled to a site that
121365 - nominally correlates with a characterization of "hard," there is
121366 - entitlement to additional payment and extra time. Our discussion today
121367 - indicated the contractor has not justified this claim, as yet.
121368 -
121369 -     [On 960919 Claim Team meeting revealed Contractor has not
121370 -     justified its claim. ref SDS 23 7558]
121371 -
121372 -     [On 961015 District Counsel Jim Stout found that Welch scope for
121373 -     Communications Metrics supports CESPN requirements for dispute
121374 -     resolution. ref SDS 28 3395]
121375 -
121376 -  ..
121377 -
121378 - Based on the foregoing understandings I ordered a notebook computer to
121379 - support this assignement, per ref SDS 20 9M4I
121380 -
121381 -
121382 -
121383 -  ..
1214 -
1215 -
1216 - 1313 received call from Offel
1217 -
121701 - Followed up discussions on 960912. ref SDS 19 7338
121702 -
121703 - She confirmed the understandings on the contract.  Our address, that
121704 - we are not a woman or MBO business.
121705 -
121706 - Confirmed that I am to commence work upon execution of the contract.
121707 -
121708 - Offel asked if we want payment net 30 days?
121709 -
121710 -    I advised I would like payment within 2 weeks and there is no
121711 -    discount on the billing.
121712 - ..
121713 - She will call to advise the purchase order is ready for me to
121714 - pickup.
121715 -
121716 -      [On 960916 followed up. ref SDS 21 0001
121717 -
121718 -
121719 -
121720 -
121721 -
121722 -
121723 -
121724 -
121725 -
121726 -
121727 -
121728 -
121729 -
121730 -
121731 -
Distribution. . . . See "CONTACTS"