Justification and Approval 36C77625N0018.pdf

DEPARTMENT OF VETERANS AFFAIRS

Jus fica on for Single Source Awards IAW FAR 8.405‐6 For Over Micro‐Purchase Threshold but Not Exceeding the SAT ($250K)

Contract ID: 47QRAA18D006Z 36C77625N0018

1. Contrac ng Ac vity:

Department of Veterans Affairs, Program Contrac ng Ac vity Central (PCAC).

2. Brief Descrip on of Supplies/ Services required and the intended use/Es mated Amount:

The ac on is for a new contract that will require expert tes mony services in support of the Government’s li ga on with the claimant regarding contract # 36E77620C0071 and will have a period of performance (Not to Exceed 365 Calendar Days) to correspond to the dura on of li ga on. The value of this ac on is $49,684.24 (base) and a total value of $132,547.84 including op ons.

3. Unique characteris cs that limit availability to only one source, with the reason no other supplies or services can be used:

IAW 8.405‐6(a)(1)(B), the circumstances of the contract ac on deem only one source reasonably available because expert services are unique and highly specialized, and whereby 6.302‐3 (2)(iii) states that full and open compe on need not be provided for when it is necessary to award the contract to a par cular source or sources in order to acquire the services of an expert or neutral person for any current or an cipated li ga on or dispute. The proposed ac on is for a service contract issued to Berkeley Research Group, Inc. on an Other Than Full and Open basis for the 3rd party expert reporting and tes mony to se le a contractor claim for the Minneapolis VAHCS Primary Care project.

The selec on of expert witnesses is affected by variables such as witness exper se, availability, willingness to tes fy, courtroom demeanor, and the trial a orney’s confidence in the expert witness.

Further, the unpredictable meline of a trial can result in an unexpected and urgent need for an expert witness. Per VA’s Li ga on Counsel, Berkeley Research Group, INC is an experienced and a preferred source of expert legal consul ng for the Department of Veterans Affairs.

4. Descrip on of market research conducted and results or statement why it was not conducted:

Per VA’s Li ga on Counsel, Berkeley Research Group, LLC is an experienced and a preferred source of expert legal consul ng. From Counsel’s past experience with this firm and the current GSA schedule contract (47QRAA18D006Z), pricing is determined as fair and reasonable.

5. Contrac ng Officer's Cer fica on: Purchase is approved in accordance with FAR 8.405‐6(a)(1)(B) and 6.302‐3 (2)(iii). I cer fy at the foregoing jus fica on is accurate and complete to the best of my knowledge and belief.

Rosella Torcaso Contrac ng Officer