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


S U M M A R Y


DIARY: January 13, 1997 01:52 PM Monday; Rod Welch

Met with Jim Stout re Communication Metrics closeout contract.

1...Summary/Objective


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CONTACTS 
0201 - Corps of Engineers, SFD            415 977 8400 fax 8483
020101 - Mr. James Stout, ESQ; Office of Counsel =415 977 8648
0202 - Corps of Engineers, SFD            415 977 8400 fax 8483
020201 - Mr. Max R. Blodgett, II, P.E., L.S.
020202 - Chief =415 977 8444; Construction Operations Division =415 977 8480
0203 - Corps of Engineers, SFD            415 977 8400 fax 8483
020301 - Ms. Ofelia R. Rosales; Contract Specialist =415 977 8499
020302 - Contracting Division

SUBJECTS
Closeout Welch Support for Oakland Harbor
Unique Character of Welch Services
Discover, Learn What has Happened

0705 -    ..
0706 - Summary/Objective
0707 -
070701 - Follow up ref SDS 40 line 100, ref SDS 38 line 83.
070702 -
070703 - Discussed background of Welch contract performance in relation to
070704 - achieving goals of Concurrent Discovery, and requested Jim's comments
070705 - when he has time in relation to the uniqueness of Communication
070706 - Metrics in relation to sole source procurement.
070707 -
070708 -
070709 -
0708 -
0709 -
0710 - Discussion
0711 -   ..
071101 - Jim said he read Tom Benero's email and has responded to it.
071102 -
071103 - He asked when the money ran out on the primary contract.  I explained
071104 - this occurred oa 961110.  Jim asked if COE was notified of this.
071105 -
071106 - I reviewed the understandings from the meeting with Tom Benero and Max
071107 - last Friday on these same questions, ref SDS 40 line 394.
071108 -
071109 - Jim asked if Tom Benero, Shirely Turnbo or Bob McNab directed me to
071110 - provide additional services.  I advised that none of these people gave
071111 - such a direction.
071112 -
071113 - Jim said that this confirms the factual basis of the recommendation he
071114 - has already given in responding to Tom Benero's email, per ref SDS 40
071115 - line 659.
071116 -
071117 - There was discussion of the change in the procurement to continue
071118 - Communication Metrics on the Oakland Harbor project, as related by Tom
071119 - Benero on Friday, ref SDS 40 line 540.
071120 -
071121 - Jim said he read John Eft's memo, ref DRP 3 line 16.
071122 -
071123 - I explained the analysis at ref SDS 27 line 102, and that Tom Keesling
071124 - submitted and reviewed it with John via the letter dated 961223, ref
071125 - DIP 9 line 33.  The discussion covered Tom Benero's understanding that
071126 - John withdrew his objections as a result of Tom's presentation, ref
071127 - SDS 40 line 517, but later the DE ended the procurement because of
071128 - concerns about political relations with the Port of Oakland, ref SDS
071129 - 40 line 539.
071130 -
071131 - Explained Max's present effort to initiate a procurement for
071132 - Communication Metrics on the Port of Richmond project, with the
071133 - understanding that DE approves of this approach.
071134 -
071135 - Jim indicated that in some respects the Port of Richmond is easier to
071136 - deal with than is the Port of Oakland.
071137 -
071138 - I mentioned having recommended that COE hire Jim or someone to deal
071139 - with the Dutra situation, ref DIP 4 line 176.
071140 -
071141 -  ..
071142 -
071143 - Jim advised of concerns the Port of Oakland has expressed about
071144 - dealing with him, which may impact COE's ability to hire him for
071145 - litigation support.  Jim is an advocate on behalf of COE, and this in
071146 - some respects is viewed by the Port as conflicting with the interests
071147 - of the Port.  I explained similar concerns, which we discussed at our
071148 - meeting on 961018, ref SDS 4 line 113, seem to have led to rejection
071149 - of continuing Welch support for the next 4 months on the Oakland
071150 - project, ref SDS 40 line 561, also recent review of meeting notes by
071151 - Tom White, ref SDS 11 line 139.
071152 -
071153 -       [See discusison with Marc indicating POO objected to paying for
071154 -       legal support, ref SDS 42 line 113.]
071155 -
071156 - Jim discussed the high standard required to qualify for sole source
071157 - vendor status.  I suggested he visit with Max and Marc McGovern to
071158 - ensure adequate awareness of requirements for the procurement Max has
071159 - in mind for the next phase of Communication Metrics.
071160 -
071161 - There was consideration of Communication Metrics support in relation
071162 - to the ideas on "Concurrent Discovery" in the paper...
071163 -
071164 -         Dialog, Documents and Human Memory, a Legal Perspective
071165 -
071166 -    ...which was submitted to Jim on 961017, per ref SDS 3 line 188
071167 -    and discussed briefly the following day, ref SDS 4 line 114.
071168 -
071169 -      [See where Max reported having talked to Jim about the uniquie
071170 -      character of Communication Metrics relative to ordinary
071171 -      litigation support, ref SDS 41 line 165.]
071172 -
071173 - I asked Jim if he would submit comments on the ideas in this paper
071174 - based on his perspective as an advocate for COE who uses "discovery."
071175 - Jim said he will try to do this.
071176 -
071177 -
0712 -
0713 -
0714 - 1535 met with Ofell
0715 -
071501 - Ofell said she has received Jim Stout's email.  My impression is that
071502 - she has all the information needed to finalize the procurement on the
071503 - Oakland project.
071504 -
071505 - Ofell said she will call me tomorrow to sign the contract mod.
071506 -
071507 -
071508 -
Distribution. . . . See "CONTACTS"