AWARD
L -- Request for Expert Services for claims consultation and expert testimony before the Armed Servcies Board of Contract Appeals for a denied Contract Disputes Act Claim.
- Notice Date
- 8/29/2014
- Notice Type
- Award Notice
- NAICS
- 541990
— All Other Professional, Scientific, and Technical Services
- Contracting Office
- USACE District, Fort Worth, PO Box 17300/819 Taylor Street, Fort Worth, TX 76102-0300
- ZIP Code
- 76102-0300
- Solicitation Number
- W9126G-14-C-0055
- Archive Date
- 9/28/2014
- Point of Contact
- David M. Deleranko, 817-886-1087
- E-Mail Address
-
USACE District, Fort Worth
(david.m.deleranko@usace.army.mil)
- Small Business Set-Aside
- N/A
- Award Number
- W9126G-14-C-0055
- Award Date
- 8/28/2014
- Awardee
- IBBS CONSULTING GROUP, THE (020314276) <br> 5932 CONTRA COSTA RD <br> OAKLAND, CA 94618-2137
- Award Amount
- $146,150.00
- Line Number
- 0001 Thru 0007
- Description
- This contract action was accomplished using other than competitive procedures because it is necessary to acquire the services of an expert or neutral person for a current or anticipated litigation (FAR6.302-3). See posted J&A for further information. JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION Office Symbol: CESWF-CT 1. Contracting Agency/Activity:U.S. Department of Army US ARMY Corps of Engineers Fort Worth District Contracting Division Fort Worth, Texas 76102 2. Nature or description of the action being approved. This request for services is based upon the need to hire an expert for claims consultation and expert testimony in a mediation and/or trial. The underlying dispute is an appeal to the Armed Services Board of Contract Appeals of a denied Contract Disputes Act claim entitled quote mark Supplemental Claim for Additional Compensation quote mark submitted by Tug Hill Construction, Inc., under Contract W9126G-09-D-0006, Task Order 0006, for the Combat Aviation Brigade Additional Infrastructure Project, Phases 3 & 4, Fort Bliss, Texas. The action being approved herein is the sole source acquisition of the expert witness. Pursuant to FAR 6.302-3(a)(2)(iii), full and open competition need not be provided for when it is necessary to award a contract to a particular source in order to acquire the service of an expert or neutral person for any current or anticipated litigation or dispute. 3.Describe the supplies or services required to meet the agency's needs (including the estimated value). The Government is defending an appeal of a denied Contract Disputes Act claim that alleges the claimant was damaged by delay, acceleration and lost labor productivity through the accumulation of multiple impacts. The proposed contractor will evaluate the merit and quantum of the claim allegations concerning delay, acceleration and lost labor productivity, report on the findings of that evaluation and provide expert witness testimony on behalf of the Government at mediation as to the validity of the claimant's allegations. If the mediation does not result in settlement of the claim, the expert will participate in the Government's deposition of the claimant's expert witness and will provide expert witness testimony before the Armed Service Board of Contract Appeals or Federal Circuit Court as to the validity of the claimant's allegations. The contract will be structured with a base consisting of the claim evaluation, report preparation and participation in mediation; an option for preparation and participation in the Government's deposition of the claimant's expert witness; and a separate option for preparation and provision of testimony at trial. The estimated total value of the services is $150,000.00. 4.Identify the statutory authority permitting other than full and open competition. 10 U.S.C. 2304(c)(3) and 41 U.S.C. 253(c)(3) authorize the use of procedures other than competitive procedures 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 any court, administrative tribunal or agency. 5. Demonstrate the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. The proposed contractor, The Ibbs Consulting Group, Inc., is uniquely qualified to perform the work. The principal of The Ibbs Consulting Group, Inc. is Dr. William Ibbs. Dr. Ibbs has extensive experience in construction management, scheduling, construction change analysis, and loss of productivity on many types of projects including hospitals, highways, bridges, buildings, canals, transit systems, water and wastewater facilities, and power plants. His expertise lies in the areas of construction labor productivity issues, schedule disruption, delay and acceleration, and project planning and control systems. Dr. Ibbs has provided expert witness testimony before various Federal and State Courts and Boards and for domestic and international arbitration and mediation. He is certified by the American Arbitration Association and the Dispute Resolution Board Foundation. Dr. Ibbs has been a university professor in the field of construction management for more than thirty years and has conducted research in the field of project change and labor productivity. His work has been sponsored by the National Science Foundation, the Project Management Institute and the Construction Industry Institute. He has published more than 180 scholarly papers and has testified before State and Federal Legislatures. 6. Describe the 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 FAR Subpart 5.2 and, if not, which exception under 5.202 applies. Offers will not be solicited from other sources and notice will not be publicized pursuant to FAR Subpart 5.2. The proposed contract action will be made under the conditions described in FAR 6.302-3(b)(3)(i). Therefore, the exception to notice stated at FAR 5.202(a)(14) applies to this action. 7.Describe the market research conducted and the results or a statement of the reason market research was not conducted. An Internet search was conducted to identify experts in the field of construction scheduling with an emphasis on productivity losses resulting from the accumulation of multiple impacts, which is a primary assertion of the claimant. Several potential experts were identified through the search. A survey of publications from those potential experts was then conducted and Dr. Ibbs was identified as the individual with the greatest breadth and depth of research and the greatest number of professional publications in the area of construction labor productivity and loss of productivity on construction projects from multiple impacts. 8. List other facts supporting the use of other than full and open competition. Dr. William Ibbs is recognized as an expert on construction scheduling and loss of productivity claims, which is the expertise the Government will need to be successful in defending against the claimant. Dr. Ibbs' recognition within the construction management industry and his valuable experience as an expert witness will shorten the time necessary for him to prepare a report for mediation and trial and will reduce the risk of objections to the Government's selection of an expert witness. 9.A listing of other sources, if any, which expressed, in writing, an interest in the acquisition. None. 10.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 supplies or services required, if necessary. None 11.APPROVAL STATEMENT: The anticipated cost to the Government is fair and reasonable. The justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing justification, I hereby approve this acquisition to proceed under Other than Full and Open Competition procedures subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/USA/COE/DACA63/Awards/W9126G-14-C-0055.html)
- Record
- SN03489441-W 20140831/140829235637-0efee1619fbc4befd05bd74d4e193a39 (fbodaily.com)
- Source
-
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