P03 - Single Source Justification - Expert Witness CBCA Case - draft 7.28.26.docx

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for MPT up to SAT

DEPARTMENT OF VETERANS AFFAIRS

Justification for Single Source Awards IAW FAR 13.106-1 For Over Micro-Purchase Threshold but Not Exceeding the Simplified Acquisition Threshold

Acquisition Plan Action ID: 36C24C-26-AP-0554

1. Contracting Activity: Department of Veterans Affairs, Office of Finance, Revenue Operations, Payer Relations & Services, working with the Regional Procurement Office – Central Supplies and Services Division.

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2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount:

This request is to secure the services of an expert witness to support the Government in CBCA Claims 7718, 8054 and 8056, Alexander CPA, PLLC – v – Department of Veterans Affairs. The expert witness will create a rebuttal report responding to Appelant’s expert report(s) and provide related testimony and litigation support.

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used: Comment by Rogers, Jessica A. (VHACLE): Can you elaborate on specific details as to why this person chosen is the only one to satisfy requirement? And why no other source can be used? ...that would support the use of the RFO Part limiting competition.

Under FAR 6.302-3(a)(20(iii) to acquire the service of an expert or neutral person for any current or anticipated litigation or dispute, the Office of General Counsel as identified Joel E. Lesch, jlesch@litcongroup@com, as an expert that will be able to support VA in this litigation. Comment by Rogers, Jessica A. (VHACLE): Updated RFO citation: RFO Part 6.103-3(b)(3) Comment by Rogers, Jessica A. (VHACLE): Joel E. Lesch employed by Litcon Group, LLC, SAM UEI KMKNFF4MXED5? Award to Litcon Group who would assign this person? Does the Program have a POC who handles Government contracts?

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

Market research was prepared using multiple sources to identify potential experts and associated costs per engagement, per hour or per testimony to arrive at an estimate. OGC identified the expert specifically based on the case specifics. Comment by Rogers, Jessica A. (VHACLE): Does the Program have a Market Research Report, documenting specific market research methods used?

5. Contracting Officer's Certification: Purchase is approved in accordance with FAR 13.106-1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

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Revision: 02 Effective Date: 12/30/2025 Page 1 of 1 Acquisition ID#