Discussion Script
This document includes language recommendations for attorneys to use when seeking out and having discussions with potential expert witnesses. The purpose of this document is to provide recommended/suggested language, so that the potential expert witness clearly understands:
· the intent of the discussions; and
· who has the authority to negotiate and obligate the Government.
Prior to discussing your requirements:
I have the authority to conduct research to determine if you are a viable candidate to assist the Agency with a matter. Any discussions that we have are only for the purposes of research. None of these discussions (including efforts, terms, conditions or prices) is binding, unless they are included in a contract executed by the Agency.
Prior to requesting an estimate for their support:
For the purposes of research, I would like to request an estimate for your support. This information is an estimate only and, therefore, non-binding. Although I may ask about discounts that you may offer the AGENCY, I am not attempting to negotiate on behalf of the AGENCY. Only the AGENCY Contracting Officer has the authority to negotiate and obligate the Government.
Prior to concluding the conversation:
As I previously stated, these discussions support the AGENCY’s research. Nothing within our conversations is binding without the express written approval of the AGENCY Contracting Officer.
If this is the expert that best fits your needs and requirements:
After our organization has finalized the support requirements, a Contracting Officer is likely to contact you. The Contracting Officer will likely provide a description of the required support services as well as request pricing information. The Contracting Officer may engage in additional discussions and negotiations with you regarding pricing as well as any special terms and conditions that may apply in any resulting contract.