JA__ExpertWitnessSwerdlow1.pdf

Control No.

SOLESOURCEJUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $650K)

1. Agency/Contracting Activity: Regional Contracting Office ‐AK 1064 Apple Street Fort Wainwright, Alaska 99703

2. Description of Action:

Nature: NewRequirement

Follow‐on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm‐Fixed Price Time & Materials Cost For Hybrid Contracts, list percentage of each type of pricing:

Firm‐Fixed Price: Time & Materials: Cost:

Funds: OMA Other Funds:

Name of Proposed Contractor(s):

Street Address:

City, State, Zip:

Phone:

POC

Dr. Daniel Swerdlow-Freed 30600 Northwestern Hwy Ste. 210 Farmington Hills, MI. 48334

(248) 539-7777 dswerdlowfreed@gmail.com

3. Description of Services or Supplies:

The total estimated value of the proposed action is $ 20,900.00

The contractor will provide expert consultation to the defense in forensic psychology of the alleged accused in the case of United States vs. Mata, dates of service include 1 to 14 January 2017.

4. Authority:

10 U.S.C. 2304(c)(3) as implemented by FAR Part 6.302‐3(2)(iii) states the head of an agency may use procedures other than competitive procedures only when; it is necessary to award the contract to a particular source or sources in order; to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before any court, administrative tribunal, or agency, or to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify.

1 Developed from ACC MAPAPP, RCO‐AK Rev dated 22 Jan 15 mailto:dswerdlowfreed@gmail.com mailto:dswerdlowfreed@gmail.com

5. Reasons for Authority Cited:

Expert Witnesses/consultants are individually selected by the defense and prosecuting attorneys based on their professional knowledge, skills, and expertise in specific fields of study. Final approvals are made by the Commanding General of U.S. Army Alaska. Dr. Daniel Swerdlow‐Freed is the only source who can fulfill this requirement. See also Rules for Court‐Martial (RCM) 703.

6. Actions to Increase Competition:

Based on information in paragraph 5, above, competition for this action was not feasible. No other source can fulfill the requirement due to the specialized education, training, and time constraints associated with each requirement. 10 U.S.C 2304(c) allows for other than full and open competition.

7. Market Research:

Market Research supports other than full and open competition for this requirement. Due to the highly specialized area of expertise and the sensitive nature of a Courts‐Martial Trial, a limited amount of individuals are capable of providing the anticipated service. Based on the market research and guidance from the USARAK Legal Team, Dr. Daniel Swerdlow‐Freed is the most qualified and capable source to provide this service. His expertise in forensic psychology make him the only source capable of providing the Government with assistance in this is case.

8. ProcurementHistory:

Previous Purchase Order(s) or Contract(s): Yes No Purchase order or contract number:

1. W912D0-16-P-0050, Expert Witness, Soulier, SB, $24,000.00, 16 Sep 16

2. W912D0-16-P-0006, Expert Witness, Mindy Mechanic, SB, 15,000, 9 Feb 16

3. W912D0-16-P-0008, Expert Witness, Kevin Richards, SB, $18,500, 17 Feb 16

4. W912D0-16-P-0017, Expert Witness, Soulier, SB, $28,600.00, 25 Feb 16

Was action competed? Yes No

If action was not competed, state the cited authority, summarize rationale: 10 U.S.C. 2304(c)(3) as implemented by FAR Part 6.302‐3(2)(iii) allows for the procurement of expert services for use any litigation or dispute involving the Federal Government.

9. Additional Information to support the justification: None

2 Developed from ACC MAPAPP, RCO‐AK Rev dated 22 Jan 15

10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted By:

CW3 Richards, Norman

Position Title (Division Chief or higher):

Email address:

Legal Administrator norman.e.richards2.mil@mail.mil

11. Fair and Reasonable Price Determination: As Contracting Officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Basis for the determination will be outlined in the official contract file.

Mark Puhak Contracting Officer

12. Legal Review: I have reviewed this justification and find it legally sufficient.

Michael G. Pond Command Judge Advocate

13. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Mark Puhak Contracting Officer

3 Developed from ACC MAPAPP, RCO‐AK Rev dated 22 Jan 15 mailto:norman.e.richards2.mil@mail.mil

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