Expert Witness and Technical Services

Added: Jun 21, 2018 7:14 pm SOLE SOURCE ANNOUNCEMENT

1. Introduction
The USACE Seattle District intends to award a sole source contract to Shannon & Wilson, Inc. for expert witness services.

2. Description of Services
This is a new contract requirement for a firm-fixed price contract using MILCON funds for the purpose of purchasing a services contract to provide expert witness and technical services in support of litigation associated with a contract at Joint Base Lewis-McChord, Washington. The primary objective for this requirement is the preparation of an expert report and providing litigation support by individuals with established expertise in the fields of geotechnical engineering and deep foundations in support of the Government's effort to analyze the claims made by the construction contractor. The Consultant shall provide all personnel, equipment, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the tasks of producing the expert report and supporting the Government in litigation as defined in the Performance Work Statement (PWS) except as specified in Section 3-1 as USACE furnished property and services.

The NAICS code is 541330 -- Engineering Services

3. Authority
41 U.S.C. 3304 and FAR 6.302-3

4. Reasons for Sole Source
Pursuant to FAR 6.302-3(a)(2), "Full and open competition need not to be provided for when it is necessary to award the contract to a particular source or sources in order (iii) To acquire the services of an expert or neutral person for any current or anticipated litigation or dispute."

This matter is urgent, as the claim was filed with the Armed Services Board of Contract Appeals (ASBCA) in June, 2017, the disputing contractor will produce its affirmative expert report on 16 July 2018, and the rebuttal expert report must be produced by order of the ASBCA administrative judge no later than 17 September 2018. Purchasing services from Shannon & Wilson, Inc. is necessary because it is the best reasonably available source with the skills and expertise required to provide expert witness services that will adequately support the Government's position during the pending litigation.

5. A solicitation package will be issued. This Notice of Intent is not a request for competitive quotations; however, interested persons may identify their interest and capability to respond to this requirement. The Government will consider responses received by 10:00 AM Pacific Time on 2 July 2018. Inquiries will only be accepted via email to curt.stepp@usace.army.mil. No telephone requests will be honored.

A determination by the Government not to compete the proposed acquisition based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement in the future.