Expert Witness

Expert witness services in the general court martial Article 32 hearing to include forensic review of evidence and consultation with government counsel.

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

Reason for Authority Cited: Reason for Authority Cited: Reason for Authority Cited: Per FAR 6.302-3(b)(3)(i), use of the authority in paragraph (a)(2)(iii)of this subsection may be appropriate when it is necessary to acquire the services of either an expert to use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Government in any trial, hearing, or proceeding before any court, administrative tribunal, or agency, whether or not the expert is expected to testify. The Government Counsel in this case does not have the requisite knowledge in order to assess the results of medical reports and evidence related to pediatric radiology to support their case. The expert consultant requested in this case possesses the knowledge, expertise, and specialized tools necessary to perform an analysis of medical reports and evidence pertaining to pediatric radiology. The Government is entitled to the assistance of an expert in preparing for court-martial, provided the government demonstrates such assistance is necessary. See U.S. v. Short, 50 M.J. 370 (1999). There are three facets to demonstrating necessity: 1: Why is the expert needed? 2) What would the expert assistance accomplish? 3? Why is the counsel unable to gather and present the evidence that expert assistance would be able to develop? See U.S. v. Gonzales, 39 M.J. 461 (C.M.A. 1994); and see U.S. v. Ndanyi, 45 M.J. 315, 391 (1996).

. Awarded Vendors: HABER, MD, JORDAN L. Contract Award Dollar Amount: $38,000.00. Contract Award Date: 2019-04-26.