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<br />e <br /> <br />e <br /> <br />CON F IDE N T I A L <br />MEMORANDUM <br /> <br />TO: <br /> <br />FROM: <br /> <br />:::hH;::::.~s:::sta~orneY <br /> <br /> <br />December 5, 1985 <br /> <br />General <br /> <br />DATE: <br /> <br />SUBJECT: <br /> <br />Use of "Practice of Engineering" Provision for <br />Technical Studies: National Forest Reserved Rights <br /> <br />It is m~ opinion that the technical studies to be performed concerning <br />the Nat~onal Forest reserved rights claims comply with the provisi?ns for <br />"Practice of Engineering". The dictionary defines engineering as 'the <br />art or science of making practical application of the knowledge of pure <br />sciences...". Although studies concerning streambed morphology are <br />usually made within the context of academic geology, quantification of <br />sediment transport capacities is of practical import, and is a subject of <br />increasing interest in engineering design. The studies already performed <br />by the Forest Service are being put to practical application in the field <br />of watershed management. Therefore, I feel that the studies that we will <br />be contracting for can be considered as engineering, whether we select an <br />academic team or an engineering consulting firm to perform them. <br /> <br />Based on my experience with the RFP for the hydrology studies for <br />Dinosaur National Monument, I would recommend that we proceed under the <br />"Practice of Engineeing" provision rather than with a general RFP <br />procedure. With the Dinosaur studies, we had to select one of the <br />proposals submitted, then sign a contract for the exact terms designated <br />in that proposal. Any changes had to be made later, after the original <br />signing. With this process, we were not free to select the experts we <br />wanted, then negotiate a contract with them. Since the scope of work in <br />the RFP had been somewhat vague, we received proposals with cost <br />estimates ranging from $25,000 to $340,000. Thus, we had to eliminate <br />certain firms on the basis of pricetag alone, without consideration of <br />their merits. <br /> <br />In each of the proposal reviews I have participated in, some of the <br />proposals gave us new insights on what might be included within the <br />studies. Under the "Practice of Engineering" provision, we are more free <br />to incorporate new ideas into the initial contract. <br /> <br />