ASFI.doc

Control No. ________________

SOLE SOURCE JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $550K)

1. Agency/Contracting Activity:

Office of the Staff Judge Advocate (OSJA)

2. Description of Action:

Nature: FORMCHECKBOX New Requirement FORMCHECKBOX Follow-on Requirement

FORMCHECKBOX

Mod to Existing Purchase Order/Contract Number

Pricing: FORMCHECKBOX Firm-Fixed Price FORMCHECKBOX Time & Materials FORMCHECKBOX Cost Funds: FORMCHECKBOX

OMA

FORMCHECKBOX

Other Funds: OCO

3. Description of Services or Supplies:

This contract is designed to provide Defense Counsels with expert assistance and/or testimony in support of US to perform a multitude of tasks, often scientific and research based, that the Defense Counsel are unqualified to do; furthermore, this expert witness will assist the Defense Counsel in the preparation of its case through case review, forensic testing and pretrial consultation, as well as possible testimony. The Office of the Staff Judge Advocate requires the support of expert witnesses to thwart any negative impact on the professional responsibilities and ethical obligations bestowed upon the Defense Counsels and Trial Counsels alike, to diligently defend or prosecute their cases to their upmost abilities.

4. Authority: (Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following, but other exceptions may be used.)

Action using simplified acquisition procedures (select one):

FORMCHECKBOX

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization)

FORMCHECKBOX

FAR 13.501(a)(1)(ii): For actions for commercial supplies or services greater than the SAT but not exceeding $5.5M, the correct citation is: Test Program for Commercial Items, Section 4202 of the Clinger-Cohen Act of 1996 as codified at 10 USC Sec. 2304(g)(1)(B), and amended by Section 807 of the Ronald Reagan National Defense Authorization Act of 2005. [Note: this abbreviated justification form can only be used for actions not exceeding $550K. Justifications above $550K must be prepared using the format at FAR 6.303-2.]

5. Reasons for Authority Cited:

a. This contract is designed to provide Defense Counsels with expert assistance and/or testimony in support of US to perform a multitude of tasks, often scientific and research based, that the Defense Counsel are unqualified to do; furthermore, this expert witness will assist the Defense Counsel in the preparation of its case through case review, forensic testing and pretrial consultation, as well as possible testimony.

b. Sole sourcing is required for this expert as the court-martial process is a statutory requirement. Additionally, the Convening Authority (Commanding General/Acting Commander) is the person with the authority to authorize or appoint expert consultants and witnesses in courts-martial cases. This appointment is a by name appointment based on the nature of the case, time sensitivity, the request from counsel, the expert’s specific knowledge pertaining to the case, the qualifications, expertise, and curriculum vitae of the expert being appointed.

c The Office of the Staff Judge Advocate requires the support of expert witnesses to thwart any negative impact on the professional responsibilities and ethical obligations bestowed upon the Defense Counsels, to diligently defend or prosecute their cases to their upmost abilities.

d. This appointment is a by name appointment based on the nature of the case, time sensitivity, the request from counsel, the expert’s specific knowledge pertaining to the case, the qualifications, expertise, and curriculum vitae of the expert being appointed. The Office of the Staff Judge Advocate requires the support of expert witnesses to thwart any negative impact on the professional responsibilities and ethical obligations bestowed upon the Defense Counsels and Trial Counsels alike, to diligently defend or prosecute their cases to their upmost abilities.

6. Actions to Increase Competition: Exception FAR 5.202(14) applies, “The proposed contract action is made under conditions described in 6.302-3 with respect to the services of an expert to support the Federal Government in any current or anticipated litigation or dispute.”

7. Market Research: Defense counsel conducted World Wide Web inquires and telephonic contact within the industry to identify the qualified source selected

8. Procurement History:

Previous Purchase Order(s) or Contract(s): FORMCHECKBOX Yes FORMCHECKBOX No If "Yes", for each purchase order or contract provide:

Purchase order or contract number:

Was action competed?

FORMCHECKBOX

Yes FORMCHECKBOX No

If action was not competed, state the cited authority, summarize rationale:

9. Additional Information to support the justification.

-1- Revision 1, dated 13 Apr 09