Expert Witness General
Sources Sought Notice:
Expert Witness Testimony, Construction Schedule, Delay analysis
This Sources Sought announcement is part of a market survey for information to be used only for preliminary planning purposes. No proposals are being requested or accepted with this synopsis. THIS IS NOT A SOLICIATION FOR PROPOSALS AND NO CONTRACT WILL BE AWARDED FROM THIS SOURCES SOUGHT...THEREFORE NO SF 330 FORMS ARE REQUIRED AT THIS TIME. No reimbursement will be made for any costs associated with providing information in response to this synopsis or any follow up information requests. Respondents will not be notified of the results of the evaluation.
The purpose of this sources sought synopsis is to gain knowledge of interest, capabilities, and qualifications of various members of industry, to include the Small Business community, 8(a) Certified Small Business, Historically Underutilized Business Zones (HUB Zone), Services-Disabled Veteran-Owned Small Business (SDVOSB), and Economically Disadvantaged Women-Owned Small Business (EDWOSB). The Government must ensure there is adequate competition among the potential pool of responsive contractors. The Government intends to use responses to this sources sought synopsis and appropriate contracting and business processes to complete an open pre-solicitation notice in the near future for indefinite delivery indefinite quantity AE services contract(s), dependent on availability of funds.
PERFORMANCE REQUIREMENTS
The U.S. Army Corps of Engineers, Fort Worth District, is seeking sources to provide construction claim analysis, including mechanical, electrical, structural and other technical specialties and construction schedule and delay analysis, and expert witness testimony. Depending upon the analysis of the responses received, the proposed acquisition(s) will be competitive, time and materials, fixed-pride, firm- fixed price or a combination, indefinite delivery Multiple Award Task Order Contracts. The type of set-aside decisions to be issued will depend upon the responses to this synopsis. Tasks to be performed under the resultant contract will consist of the following:
• Assist the Government in evaluating requests for equitable adjustment and claims.
• Provide expert opinions and testimony that is consistent with the requirements of Daubert, Federal Rules of Civil Procedure (FRCP), and Federal Rules of Evidence (FRE).
• Assist Government counsel in preparation for and participation in mediation.
• Assist Government counsel in drafting and responding to discovery and witness preparation.
• Assist Government counsel at trial.
Capabilities/Requirements:
1. Please show 5 years' experience in the provision of forensic engineering and architectural services.
2. Provide evidence of maintaining a network of experts and recruiting experts in the areas of structural, mechanical, electrical, and civil engineering, construction scheduling, loss of productivity analysis, and that experts in the network have been qualified to provide expert testimony, and opinions by a federal court, board of contract appeals or a state court that applies Daubert.
3. Demonstrate experience arranging travel and lodging arrangements for expert witnesses, seeking best rates to minimize costs. The bidder's proposal must also include a proposed process for matching and working with OGC attorneys in providing appropriate potential witnesses.
4. Demonstrate experience maintaining and collecting relevant background information on each expert selected for the network of witnesses, including but not limited to:
a. curriculum vitae (or resume);
b. professional affiliations;
c. work in construction claim analysis;
d. prior experience providing expert testimony, and/or demonstrated prior work experience in the construction claim analysis, expert witness testimony, construction schedule and delay analysis;
e. State licensures and board certification;
f. prior testimony;
g. publications list; and
h. FRCP 26 requirements.
Capability statements shall be limited to 5 pages and fonts no smaller than 12 points. Capability statements shall also include the following:
SOURCES SOUGHT RESPONSE: Firm's response to this synopsis shall be limited to 5 pages and shall include the following information:
a. DUN
b. Tax ID
c. Company Name
d. Company Address
e. Company Point of Contact, Phone and Email Address
f. Current GSA Contracts and Schedules or Other Relevant Government Wide Acquisition Contract (GWAC)
g. Statement about whether or not you have a Government approved accounting system. Interested Parties must have a Federal Government Approved Accounting System for cost reimbursement type work at time of contract award.
If you have an approved accounting system, provide the certification in which the accounting system was deemed adequate (e.g. the name of the audit agency and audit number). You may submit this information as an attachment that will not count towards the overall page limit.
h. Business Size Status (e.g., small business, 8(a), woman owned, veteran owned, etc.) as validated via the System for Award Management (SAM) for the applicable NAICS code 541611-Administrative Management and General Management Consulting Services. All vendors must be registered in the SAM located at http://www.sam.gov.
I. Reference Points of Contact, Phone and Email Address (e.g. individuals who can verify the demonstrated capabilities identified in the responses.)
While not required, the capability statement may designate any/all teaming arrangements and the work proposed to be performed by each team member. Specifically, the capability statement must address how much effort would be performed by any proposed team member and how your company as the prime will meet the requirements of FAR 52.219-14, Limitations on Subcontracting.
Responses must be submitted by 10:00 am. CT on June 15, 2018. Capability statements will not be returned and will not be accepted after the due date.
This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization's qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted.
Confidentiality. No proprietary, classified, confidential, or sensitive information should be included in your response. The Government reserves the right to use any non-proprietary technical information in any resultant solicitation(s).
Conflicts of Interest. It is essential that the vendor be free of all appearance of or actual conflicts of interest. Specifically, the vendor must not have any relationships or arrangements through its business operations or its employees that could be considered as possibly lessening the company's objectivity concerning any aspect of the campaign. If such relationships or arrangements exist, vendors shall be required, during the procurement process, to identify potential conflicts of interest and discuss how the conflicts will be addressed and mitigated.
Questions concerning capability statement submission requirements may be directed to Rodney Alexander, Contract Specialist, 817-886-1090 or Rodney.D.Alexander@usace.army.mil. U.S. Army Corps of Engineers-Fort worth TX, will not entertain questions related to contracting strategy.
Rodney D Alexander, Phone 8178861090, Email Rodney.Alexander2@usace.army.mil - Linda Eadie , Contracting Officer, Phone 816-886-1085, Email linda.d.eadie@usace.army.mil
