CONTACTS 
0201 - Corps of Engineers, SFD                                                                                                                                            O-00000632 0401
020101 - Mr. Thomas Benero; Chief
0202 - Corps of Engineers, SFD                                                                                                                                            O-00000632 0102
020201 - Mr. James Stout, ESQ; Chief Counsel

SUBJECTS
Communication Metrics
Tom Benero, Jim Stout, Implementing SDS,
Sales discussions, Evaluation
USACE District Counsel
Line Numbers Look Complex, Shocking to see Knowledge Space

1007 -
1007 -    ..
1008 - Summary/Objective
1009 -
100901 - Follow up ref SDS 27 0000, ref SDS 20 0000.
100902 -
100903 - Met Jim Stout, District Counsel, explained SDS and Communication
100904 - Metrics, and Jim recommended continued use on the Oakland Harbor
100905 - project. ref SDS 0 3395
100907 -  ..
100908 - Discussed with the contracting officer, Tom Bonero, the possibility of
100909 - Marcus attending the meeting with Leonard and Dutra on Thursday.
100910 - ref SDS 0 6970
100912 -  ..
100913 - Received the record for the Navy Sewer Line claim submitted by Dutra
100914 - on 961015 to the Contracting Officer. ref SDS 0 8640
100915 -
100916 -
100918 -  ..
1010 -
1011 -
1012 - Discussion
1013 -
101301 - I stopped by to ask Tom about the meeting with ACO Leonard SoHoo, and
101302 - Bob Johnston, president of Dutra, on Thursday, per below. ref SDS 0
101303 - 6970   Tom said that Jim Stout, District's lead trial counsel for
101304 - contracts, is back from Europe.  Tom asked me to meet with Jim and
101305 - explain Communication Metrics.
101307 -  ..
101308 - I agreed, so....
101309 -
101311 -  ..
101312 - Tom invited Jim into his office and made introducutions.
101313 -
101314 - Jim Stout is the lead counsel for contract litigation in the District.
101315 - He recently returned from Bosnia, where he was on a TDY assignment.
101316 -
101317 - We reviewed background with Chief of CONOPS, Max Blodgett, beginning
101318 - with discussions on 960105, ref SDS 3 3999, that led to a contract on
101319 - 960913 to evaluate SDS software and management methods for a system of
101320 - Communication Metrics, ref SDS 5 0001, as further explained in POIMS.
101321 - ref OF 1 1106
101323 -  ..
101324 - Tom related that CESPN has been trying these methods for the past 3
101325 - weeks or so on the Oakland project.
101327 -  ..
101328 - Tom had a copy of the SDS record for 961009 showing an Executive
101329 - Summary and Action Item. ref SDS 22 4578  He said this method has been
101330 - well received by most of the staff, but some have complained about
101331 - getting too much detail, especially the contractor.
101333 -  ..
101334 - Tom asked Jim for legal input about approving Com Metrics based on FAR
101335 - requirements for effective management and documenting facts on
101336 - payments and claims?
101337 -
101338 -     [On 961017 complaints about SDS records. ref SDS 28 PA5H
101339 -
101340 -     [On 020504 FAR requires the kind of support SDS provides that is
101341 -     resisted by people. ref SDS 40 XV7L
101343 -  ..
101344 - Jim looked through the record for 961009 briefly.  He asked about the
101345 - line numbers?
101347 -  ..
101348 - Tom smiled and related that he had asked about line numbers, as well,
101349 - in our orientation meeting last month on 960926. ref SDS 14 8788.
101350 - Today, we used that record to review SDS line numbers, as further
101351 - explained during a meeting on 940901 with PG&E and the State of
101352 - California Department of Water Resources. ref SDS 1 9009
101354 -  ..
101355 - Jim asked about Welch background.
101357 -  ..
101358 - Since Jim is a lawyer, we reviewed issues presented by Welch v. State
101359 - of Calif., 139 CA 3rd, p. 586.
101361 -  ..
101362 - Jim did not indicate awareness of the Welch case; he was very familiar
101363 - with contract law on issues of misrepresentation and withheld
101364 - information from bidders.  He asked if I am a lawyer.
101366 -  ..
101367 - We reviewed Welch background in general contracting, with exposure to
101368 - the law through briefing the Welch case, later being an arbitrator
101369 - with AAA, and then working with technology that led to SDS and
101370 - Communication Metrics.
101371 -
101372 -      [On 000723 history of SDS development reviewed. ref SDS 39 0001
101373 -
101375 -  ..
101376 - Jim characterized Communication Metrics as "documentation," which is a
101377 - familiar term to people who have not worked with SDS methodology,
101378 - similar to Herb Cheong's perspective this morning. see ref SDS 26 4907
101379 -
101380 -      [On 020405 FAR requires wide ranging documentation of daily work
101381 -      pertinant to requirements of the contract. ref SDS 40 EB3J
101383 -  ..
101384 - Differences between SDS and traditional "documentation" are explained
101385 - in POIMS. ref OF 1 KE1T
101386 -
101387 -      [On 980405 reviewed distinction between Communication Metrics
101388 -      that produces intelligence, and traditional "documentation" used
101389 -      by managers. ref SDS 36 3307]
101391 -       ..
101392 -      [On 980127 defined "intelligence" in POIMS. ref SDS 35 4085]
101394 -  ..
101395 - The Communication Manager role uses SDS to organize and align daily
101396 - management details, including documentation, with commitments, law and
101397 - contract requirements to show cause and effect. Proactive feedback
101398 - metrics draw understandings from people that they often do not know
101399 - they have.  SDS technology tracks Action Items so that things do not
101400 - slip through the cracks.
101402 -  ..
101403 - The ability to discover alignment using SDS technology for linking
101404 - work history to relevant contract terms (cross- referencing in FAR
101405 - part 4.803(a)(39)) discloses opportunities to expedite the work at a
101406 - time when effective action can be taken to avoid extra cost and delay.
101407 - This new capability of SDS for implementing traditional management
101408 - practices leads to the concept I call...
101410 -  ..
101411 -                      Concurrent Discovery
101412 -
101413 - ..., defined in the paper...
101415 -      ..
101416 -     Documents, Dialog, and Human Memory, a Legal Perspective
101417 -
101418 -
101419 - ..., ref OF 2 1476, which was prepared for the Asilomar Conference on
101420 - 960620, ref SDS 4 1101.
101422 -  ..
101423 - Jim noted the alignment process of Communication Metrics shows
101424 - chronologies of related events that give people clues about likely
101425 - future results of daily management decisions, under the rule "past is
101426 - prologue." He said Communication Metrics improves government
101427 - requirements for managing information by providing both....
101429 -  ..
101430 -                    documentation and context
101431 -
101432 -
101433 - I mentioned General Hatch's description of Communication Metrics as a
101434 - daily "intelligence" function. ref SDS 2 2036
101435 -
101436 -      [On 961101 Tom Keesling reported that Communication Metrics goes
101437 -      beyond "documentation" as it is traditionally applied in contract
101438 -      management, ref SDS 30 8888
101440 -  ..
101441 - Jim expressed appreciation for the SDS design of linking summary to
101442 - detail, and linking external documents to understandings from daily
101443 - dialog in meetings, calls and email, discussed above. ref SDS 0 8830
101445 -  ..
101446 - We looked at the notes of the 961009 meeting where there are examples
101447 - of how this looks in printed format. ref SDS 21 0000
101448 -
101449 -      [On 981027 District Counsel Merry Goodenough indicated that these
101450 -      features delivered via Internet are useful. ref SDS 37 7392
101452 -  ..
101453 - Discussed the goal of Communication Metrics to avoid mistakes that
101454 - cost money by helping people align the work with requirements, per
101455 - meeting with Max Blodgett and Tom Keesling on 960920. ref SDS 9 4261
101456 -
101458 -  ..
101459 - Jim recommended that these records be prepared through the course of a
101460 - project in order to expedite resolving disputes.
101462 -  ..
101463 - Jim indicated that SDS records should be prepared for the duration of
101464 - the Oakland Harbor project, based on the record indicating that
101465 - litigation will like occur to resolve contractor claims.
101466 -
101467 -      [On 961017 Tom Benero's assistant worried accurate communication
101468 -      makes people mad, and thought this was not part of the contract
101469 -      for Communication Metrics ref SDS 28 2863, further discussion led
101470 -      to approval for accurate communciations. ref SDS 28 1381
101472 -       ..
101473 -      [Dutra later filed suit against CE; on 970722 District counsel,
101474 -      Merry Goodenough, reported that SDS records were helpful to the
101475 -      Corps. ref SDS 33 2838
101477 -       ..
101478 -      [On 981027 report with certainty Communication Metrics saved
101479 -      government $190K. ref SDS 37 7315]
101481 -       ..
101482 -      [On 981027 government paid $30M extra on Oakland, because DE
101483 -      failed to follow advice of counsel, Contracting Officer, Chief of
101484 -      CONOPS, Assistant Chief CONOPS, Project Manager and Chief of
101485 -      Construction. ref SDS 37 9152
101487 -       ..
101488 -      [On 981104 Project Engineer Tom White indicated Communication
101489 -      Metrics on Oakland was successful. ref SDS 38 8301]
101491 -  ..
101492 - Jim asked if he could get SDS put on his computer?
101494 -  ..
101495 - I explained this could be done.
101497 -  ..
101498 - Coordination with Max and Tom Keesling who is my primary contact at
101499 - COE would be needed.  I mentioned that Tom Keesling has SDS on his
101500 - computer now and gets regular updates of my work for COE.
101502 -  ..
101503 - Jim asked if the Welch contract extends through completion of the
101504 - Dutra contract?
101506 -  ..
101507 - Tom explained the transitory aspects of the current Welch effort to
101508 - initially evaluate SDS methodology.  I noted that the duration of the
101509 - contract is for 6 months, however, there is only enough funding for a
101510 - few months.
101512 -  ..
101513 - Jim feels issues he reviewed with Tom on 960919 indicate claims and
101514 - legal support will be needed on Oakland. ref SDS 8 0000  He noted that
101515 - Communication Metrics can help the government avoid exposure to
101516 - excessive claims and expense, by aligning daily work with objectives,
101517 - requirements and commitments.  Jim indicated that doing work correctly
101518 - is the best defense against excessive claims, and the SDS record helps
101519 - both the contractor and the Corps accomplish this goal, while, also,
101520 - creating an effective record showing reasonable steps were taken under
101521 - all of the circumstances, as discussed above. ref SDS 0 4W9K
101523 -  ..
101524 - I mentioned that Max and Tom seemed to concur with this assessment in
101525 - the meeting on 960920. ref SDS 9 8854
101526 -
101527 -     [On 961206 Max approved extending Communication Metrics to
101528 -     complete Oakland. ref SDS 31 3978]
101529 -
101530 -     [On 961226 Communication Metrics terminated by District Engineer
101531 -     as not cost effective. ref SDS 32 0549]
101533 -      ..
101534 -     [On 981027 government paid $30M extra on Oakland. ref SDS 37 9152]
101535 -
101536 -
101537 -
101538 -
101539 -
101540 -
1016 -

SUBJECTS
Piling encountered, Schnitzer

1103 -
110401 -  ..
110402 - Discussed Meeting with Leonard/Bob Johnston
110403 -
110404 - I advised Tom of meeting set up to review the piling matter per
110405 - meeting with Dutra this morning, where apparently dredging in the
110406 - Todd/Switzer are has encountered a number of old piling stubs and
110407 - other debris that interferes with progress, and that are not shown on
110408 - the plans. ref SDS 25 4044
110410 -  ..
110411 - We discussed Marcus supporting this effort based on his knowledge of
110412 - the piling matters that occurred on the contract he is supporting with
110413 - Zaccor in the Todd Wing, per visit this morning. ref SDS 26 7305 and
110414 - ref SDS 26 3006
110416 -  ..
110417 - Tom indicated this would be a good approach.
110418 -
110419 -     [On 961017 met with Dutra and developed planning to solve the
110420 -     problem. ref SDS 29 0001
110421 -
110422 -
110423 -
110424 -
110425 -
110426 -
110427 -
110428 -
1105 -

SUBJECTS
Navy Sewer Line, RR Slope Stability

1203 -
120401 -  ..
120402 - Develop Record on Navy Sewer Line Matter for Response to Dutra
120403 -
120404 - Tom recieved a copy of Dutra's claim for extra expense to construct
120405 - the Navy Sewer Line across the channel, which they submitted today
120406 - during the Progress Meeting, and explained conflicts between actual
120407 - conditions and what the plans show in relation to integration with
120408 - railroad line that runs along the waterline. ref SDS 25 5739
120410 -  ..
120411 - Tom will have a set of these materials copied for me to pick up
120412 - tomorrow for review.
120413 -
120414 -
120415 -
120416 -
120417 -
120418 -
120419 -
120420 -
120421 -
120422 -
120423 -
120424 -
1205 -