Litigation Support (Cost Expert Services)

The U.S. Army Corps of Engineers (USACE), Nashville District awarded a sole source contract action for expert construction cost services to Capital Project Management, Inc. The statutory authority permitting acquisition of the requirement by other than full and open competition competition is 10 U.S.C. § 3204(a)(3)(C) or 41 U.S.C. § 3304(a)(3)(C)-(D), as implemented by FAR 6.302-3(a)(2)(iii) “Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services.” FAR 6.302-3(b)(3)(i) further states: (3) 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- (i) An expert to use, in any 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. Examples of such services include but are not limited to:

(A) Assisting the Government in the analysis, presentation, or defense of any claim or request for adjustment to contract terms and conditions, whether asserted by a contractor or the Government, which is in litigation before any court, administrative tribunal or agency; … See Justification and Approval for Other than Full and Open Competition in the attachments.