CONTACTS 
0201 - Corps of Engineers, SFD            415 977 8400 fax 8483
020101 - Mr. Max R. Blodgett, II, P.E., L.S.
020102 - Chief =415 977 8444; Construction Operations Division =415 977 8480
0202 - Corps of Engineers, SFD            415 977 8400 fax 8483
020201 - Mr. James Stout, ESQ; Chief Counsel =415 977 8648

SUBJECTS
Develop Government Negotiating Position
SDS Record in Possession of Government
Conflicts, Discover/Correct/Notify
SDS Record Provided to COE Daily
Claim Support Endemic to Communication
Claim Team
Discover, Learn What has Happened

1009 -    ..
1010 - Summary/Objective
1011 -
101101 - Follow up ref SDS 23 0000, ref SDS 20 0000.
101102 -
101103 - Jim offered ideas for modifying the Welch contract with COE to address
101104 - concerns raised by Max.  For now, Max seemed to indicate the matter
101105 - has been adequately reviewed.
101106 -
101107 -     [On 961021 submitted planning draft. ref SDS 24 0000.]
101108 -
101109 -
1012 -
1013 -
1014 - Discussion
1015 -   ..
101501 - Jim has seen the paper I left for him yesterday, but has not had
101502 - a chance to read it yet. ref SDS 23 8555
101503 -
101504 - After he got my phone mail message yesterday, ref SDS 23 7447, he met
101505 - with Max.
101506 -
101507 - Jim asked for my understanding of Max's concerns.
101508 -
101509 - I explained Max has commented favorably about Com Metrics support for
101510 - the government, and also raised questions about a variety of matters
101511 - on several occassions the past few weeks.  Each time Max's concerns
101512 - seem to have been resolved.  For example, yesterday Max asked about a
101513 - contractor assisting in developing the government's position in a
101514 - negotiation with another contractor. ref SDS 23 0987
101515 -
101516 -  ..
101517 -
101518 - Jim related that he talked Max about this today, and issue Max raised
101519 - with Jim is ownership and access of the SDS record.
101520 -
101521 - Jim asked for my input on these points.
101522 -
101523 - We reviewed the prospect that the record may not be susceptable to
101524 - being "owned" in the traditional sense.
101525 -
101526 - It is like asking, "Who owns history?"
101527 -
101528 - I generate the SDS record, so it is on my computers, integral to my
101529 - Diary.  It has Rod Welch's name on it as the author.
101530 - ..
101531 - Parts of the SDS Diary are subitted to COE for distrubition to
101532 - the contractor and for internal use.  These parts are provided and
101533 - distrubuted under the name of the responsible COE representative,
101534 - after review and edit to adopt the expression as part of the project
101535 - record.  Such parts might then be said to be "owned" by COE.
101536 -
101537 - Jim reviewed some examples of SDS work product used by USACE, when we
101538 - met with the Contracting Officer, Tom Bonero, in Tom's office on
101539 - 961015.  At that time Jim described SDS work product as
101540 - "documentation." ref SDS 21 6118
101541 - ..
101542 - Welch retains an interest and need for access to the record from
101543 - exercising the POIMS "intelligence" process of identifing conflicting
101544 - recollections and developing analysis and connections to prior related
101545 - project history showing chronology of cause and effect relative to
101546 - controlling authority and alignment with objectives, requirements and
101547 - commitments that convert "information" into "knowledge," per
101548 - discussion with Max on 960105 in setting the objective for this
101549 - assignment, ref SDS 1 8659 and ref SDS 1 7500, and as explained in the
101550 - paper submitted to Jim....
101551 -
101552 -
101553 -                    Dialog, Documents and Human Memory
101554 -                          a Legal Perspective
101555 -
101556 -
101557 - ....per ref OF 2 line 443.
101558 -
101559 -  ..
101560 -
101561 - The Com Metrics process is for the Communication Manager, in this case
101562 - Welch, to first learn, discover and understand what has taken place in
101563 - relation to the project record, contract requirements and interim
101564 - commitments, per Concurrent Discovery paper, ref OF 2 line 183;
101565 - second, to build shared meaning among affected parties, in this case
101566 - COE, the Port of Oakland and the Contractor.
101567 -
101568 - Since COE, the Port and the Contractor have in some respects opposing
101569 - interests, it is often not possible to achieve a single meaning of
101570 - common events, but an effort is made to do so and where that is not
101571 - achieved, COE interests are protected with respect to potential claims
101572 - for and against COE.  Finally, the Communication Manager must maintain
101573 - shared meaning for the period of time such meaning impacts the success
101574 - of the project, which can be days, weeks, even years.
101575 -
101576 -      [On 961126 problem of opposing interest occurred at progress
101577 -      meeting. ref SDS 25 8845 and ref SDS 25 4988]
101578 -
101579 -      [On 970113 Jim advised of challenge CESPN faces in seeking
101580 -      approval of sponsors for effective representation. ref SDS 26
101581 -      8333]
101582 -
101583 -      [On 970117 Port of Oakland would not support using Communication
101584 -      Metrics on the Oakland project. ref SDS 28 7558.]
101585 -
101586 -      [On 970217 Advised Jim's replacement, Merry Goodenough, about
101587 -      Communication Metrics. ref SDS 29 0000]
101588 -
101589 -  ..
101590 -
101591 - Claims support is a natural derivitive of Communication Metrics
101592 - because dispute resolution generally relies on determining original
101593 - meaning, which is a key purpose of Communication Meterics that is
101594 - accomplished using the SDS program through constant alignment of
101595 - conduct and communications with Contract requirements, and daily
101596 - commitments. Welch is part of COE's Claim Team for the Oakland Harbor
101597 - project, ref SDS 4 7558, and earlier at ref SDS 3 4455.  Tom and Max
101598 - discussed claim analysis policy in relation to the change from soft to
101599 - hard material in various polygons, ref SDS 7 4793.
101600 -
101601 -  ..
101602 -
101603 - The entire record is ported daily or every other day to Tom Keesling's
101604 - computer, so that COE has at all times possession of the record.  Tom
101605 - reviews the record daily.  Others, like Tom Benero, Leonard SooHoo,
101606 - Tom White and so on, who are interacting with the record, are
101607 - continually reviewing the Welch SDS record.
101608 -
101609 - This practice enables responsible parties to correct errors in the
101610 - record, and also recognize deviations by any of the parties in
101611 - performing the work from contract requirements so adjustments can be
101612 - made before extra cost and delay is incurred.  A significant challenge
101613 - is getting people to work on deviations when they are small, so that
101614 - small problems do not grow into big problems, as related in the New
101615 - World Order... paper, ref OF 1 line 36, reviewed by Max prior to our
101616 - meeting on 960105, ref SDS 1 line 110.
101617 - ..
101618 - Jim indicated his discussion with Max was along the lines that
101619 - there is no legal impediment for COE to contract with Welch for
101620 - management support services.  It is a business decision whether doing
101621 - so is cost effective.
101622 -
101623 -     [On 981027 received report that Communication Metrics saved the
101624 -     government $200K for cost of $50K, 4:1 return. ref SDS 30 7315]
101625 -
101626 - My sense is that Jim indicated to Max that there may be some cost
101627 - advantages for litigation support from having a record like that
101628 - generated by SDS, per our meeting with Tom Benero, ref SDS 21 3395,
101629 - however, he noted it is not essential, since the record can be
101630 - assembled without the SDS tool.
101631 -
101632 - Jim said that he asked Max if Welch were employed by COE would Max be
101633 - satisfied with the work being performed, and Max indicated he would
101634 - be satisfied.
101635 - ..
101636 - Jim suggested to Max that the Welch contract could can be
101637 - modified to expressly require transfer of the record to COE computers,
101638 - with a grant of a license to use SDS.
101639 -
101640 - I agreed to that, since it is my purpose to get people at COE to use
101641 - SDS.
101642 -
101643 -     It is also my experience that we cannot immediately place the
101644 -     burden of using SDS on people.  It takes time to transition people
101645 -     toward using SDS because it automates a wide range of traditional
101646 -     tasks that managers learn over a long career and that have to be
101647 -     used daily in order to be effective, e.g., time management,
101648 -     information management, document mangement, people management,
101649 -     subject management, crafting and linking the record.  The synergy
101650 -     of automated integration of tasks yields results in SDS; however,
101651 -     people typically learn sequentially.  So one person says "All I
101652 -     need is this part of the program," and another will pick a
101653 -     different part because on any given day, certain parts seem needed
101654 -     and the other parts seem less important relative to the burden of
101655 -     learning.  Since the burden of learning SDS all at once is
101656 -     significant in light of pressing management activity each day,
101657 -     then demanding immediate use of SDS causes people to get
101658 -     discouraged by lack of progress, and they abandon the effort
101659 -     because they cannot get immediate results of integration by using
101660 -     only a few parts of the program.
101661 -     ..
101662 -     The Communication Manager therefore ensures SDS returns
101663 -     immediate results, by using all of the program every day on behalf
101664 -     of the client/customer.
101665 -
101666 - Jim asked me to advise Max of our discussion this morning, and that he
101667 - is available to meet with us, if Max wants further input or action on
101668 - his concerns.
101669 -
101670 -
101671 -
1017 -
1018 -
1019 - 0834 visited Max
1020 -
102001 - Advised of discussion with Jim this morning, per Max's request
102002 - yesterday, ref SDS 23 line 171, including Jim's idea aobut modifying
102003 - the Welch contract and his offer to meet with Max and I on
102004 - implementing Communication Metrics, and defining the Welch role.
102005 - ..
102006 - Max seemed to indicate the matter is closed for now.
102007 -
102008 -
102009 -
1021 -
1022 -