DF Brand Name Sole Source FAR Part 13 (SAP under SAT) Redacted (Signed).pdf

BRAND NAME or SOLE SOURCE DETERMINATION IAW FAR 13.106-3(b)(3)(i)

1. Contracting Activity: 145 AW, NC Air National Guard, Charlotte, NC

2. Estimated Amount (including Options): REDACTED

4. Brand Name Requirement: Yes Single (Sole Source) Requirement: Yes

5. Proposed Vendor: LitCon Group

6: Fund Type: O&M One Year

7. Authority: 41 United States Code 1901 as implemented in Federal Acquisition

Regulation 13.501(a)(1)(ii), sole source or brand name under the authority of the simplified procedures for certain commercial items. (FAR 6.302-3 -- Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services)

8. Description of Supplies/Services Required: In response to an appeal before the

ASBCA filed by Bodell Construction Company ("Bodell") pursuant to Contract No.

W9124219C5001. Contract Litigation and Intellectual Property Division ("KLIP”) will provide services to include the presentation of evidence in conducting a defense to the claims asserted in ASBCA No. 63517, before the ASBCA and in prosecuting potential affirmative government claims, and requires the expert witness services of LitCon Group.

The Contractor shall provide expert services, inclusive of case-assessment, discovery assistance, pre-hearing services, hearing support, post-hearing services, and perform the following efforts associated listed in this PWS.

The litigation is anticipated to last up to 4-5 years. Depositions are anticipated to take place beyond FY2024, and will be funded as options with the appropriate FY funding.

9. Unique Characteristics that Limit Competition to a Single Manufacturer or a

Single Source: The United States Army Legal Services Agency ("USALSA) and Contract Litigation and Intellectual Property Division ("KLIP”) is representing North Carolina Air National Guard (NC ANG) in an appeal before the ASBCA filed by Bodell Construction Company ("Bodell") pursuant to Contract No. W9124219C5001. The appeals involve a multimillion-dollar contract for the installation of a Type III Hydrant system and Ramp expansion. Bodell has submitted a settlement proposal and request for equitable adjustment.

Due to the urgent nature of the requirement, the government solicited one firm to obtain outside expert(s) immediately, to review contract and appeal documents and determine what additional documents are required for written submission to the Contractors counsel. Competing this action would be costly to the Government by not preparing our case properly in the timeline needed for written discovery requests.

10. Market Research: LitCon Group expert witnesses have been previous consultants to the Army Corp and are highly recommended by Contract Litigation and Intellectual Property Division ("KLIP”) to be a known responsible source that can satisfy these requirements.

The National Guard has utilized Contract Litigation and Intellectual Property Division ("KLIP”) in the past for similar, relevant court cases, in addition to their recommended expert witnesses. LitCon Group has specialized expertise in evaluating complex delay and disruption claims. LitCon Group has extensive experience with Critical Path Method CPM)/network schedules and Time Impact Analyses. This hands-on experience with schedules, coupled with detailed issue analysis, provides the Government with the insight to effectively assess the impact of delay causing events on the schedule and apportion delay responsibility as owner- caused (excusable), contractor-caused (inexcusable) or concurrent.

11. Efforts to Obtain Competition and Increase Competition: In this case, competition is not being sought for this anticipated contract action. It is more advantageous to the government to use LitCon Group to prevent delays in an appeal before the ASBCA filed by Bodell Construction Company ("Bodell") pursuant to Contract No. W9124219C5001.

13. Technical Representative Certification: I hereby certify that the supporting data under my cognizance, which are included in the determination are accurate and complete to the best of my knowledge and belief.

Signature: ________________________________

14. Contracting Officer Certification: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a brand name / sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided the services/supplies herein described have otherwise been authorized for acquisition.

Signature: ________________________________