JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)
In accordance with the authority granted under 41 U.S.C. § 253(c)(2) and FAR 6.302-3(a)(2)(iii) Expert Services, 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. In accordance with the abovementioned authority, this request for award under other than full and open competition is hereby submitted.
1. Identification of the agency and the contracting activity.
[Agency Name, Office]
Contractor:
Name:
Company:
Address:
Phone:
Email:
Fax:
2. Nature and/or description of the action being approved.
Award of sole source contract to [Expert Name], [Company], for consulting and expert witness services in the matter of [Matter Name], [File Number xxx-xxxx].
3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).
The services of a consultant are required to assist the [AGENCY] in [Describe the Agency needs regarding an expert witness.]
The total estimated cost for the entire project is [$xxxxxxx].
4. An identification of the statutory authority permitting other than full and open competition.
41 U.S.C. § 3304(a)(3)(C) and FAR 6.302-3(a)(2)(iii) Expert Services. To procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before a court, administrative tribunal, or agency, whether or not the expert is expected to testify. (FAR 6.302-3)
5. A demonstration that the proposed contractor’s unique qualifications or the nature of the lawsuit request use of the authority cited.
The [Agency] has considered and contacted numerous potential experts trying to find the best person to perform the services required. [Include the Expert’s name and their unique qualifications related to the services being requested or the litigation in question.]
6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Federal Acquisition Regulation (FAR) subpart 5.2, and, if not, which exception under 5.202 applies.
[Include the efforts that you made to find other potential sources. List each potential source and why that source was not selected to support the [Agency].
Because the contract is to procure expert services for use in a litigation or dispute involving the Federal Government in a trial, hearing or proceeding before a court, administrative tribunal, or agency, a synopsis of the item in FedBizOpps is not required pursuant to FAR 5.202(a)(14).
7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable and the basis for that determination.
The rate for [Expert Name] is [$xxx.xx] per hour. [Explain why you believe this rate is fair and reasonable and any basis for that determination.]
[Expert Name] rates are discounted from his [$xxx.xx] per hour private sector rate and commensurate with recent [Agency] experience in contracting for experts with similar academic and professional credentials and similar testifying experience.
8. A description of the market research conducted (FAR part 10) and the results or a state of the reason market research was not conducted.
[Describe your market research efforts (i.e., internal [AGENCY] resources, internet searches, phone calls, database lookups, previous experience, consultation with another [Agency] attorney, etc. Include the results of the market research. State each person contacted, the means of contact and any results of those discussions including if the skillset does not match [AGENCY] requirements or they are not available to support within the [AGENCY] time constraints.]
9. Any other facts supporting the use of other than full and open competition (FAR 6.302(a)(9)).
[Other than any other facts listed herein, describe any facts supporting the use of other than full and open competition. If timing or other constraints are supporting facts, include them.]
10. A listing of sources, if any, that expressed, in writing, an interest in the matter.
[Provide a listing of sources that expressed an interest in the matter in writing.]
11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the same supplies or services.
[A typical response is None, but describe any actions that [AGENCY] may take to remove or overcome barriers to competition for any subsequent expert witness support services contracts.]
CERTIFICATION
I hereby certify that this requirement does not exceed the Government’s minimum needs or schedule requirements and that the basis for award under other than full and open competition is complete and accurate to the best of my knowledge and belief.
________________________________________________________________________
[Name] (Date)
Contracting Officer’s Representative
Procuring Contracting Officer Concurrence/Approval:
________________________________________________________________________
[Name] (Date)
Contracting Officer
[Signature required. Authorized to approve JOFOC for a contract value up to $650,000.00]
Senior Procurement Executive/Assistant CFO for Acquisition/Competition Advocate Concurrence/Approval:
________________________________________________________________________
[Name] (Date)
Senior Procurement Executive for Acquisition/Competition Advocate
[Signature required over $650,000.00. Authorized to approve JOFOC for a contract value between $650,000.00 and $12,500,000.00]
Deputy Executive Director Concurrence/Approval:
________________________________________________________________________
[Name] (Date)
Deputy Executive Director
[Signature required over $12,500,000.00. Authorized to approve JOFOC for a contract value between $12,500,000.00 and $62,500,000.00]
Executive Director/Head of Contracting Activity Approval:
________________________________________________________________________
[Name] (Date)
Executive Director and Head of Contracting Activity
[Authorized to approve JOFOC for a contract value over $62,500,000.00]