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bob7947

Is this Advisory and Assistance Services Contract?

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Below is a post to another thread by a new member tj2015 .  I am transferring it here as a separate thread.

I have another question about hiring Expert Witness. Hope someone can give me some answers. 

We need an expert in labor statistics to conduct a thorough review of all personnel files and records for a class action lawsuit. My question is:  Is this Advisory and Assistance Services Contract?  Which Clause is better to use for sole source? Shall I use FAR Part 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services. Thanks.

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My question is:  Is this Advisory and Assistance Services Contract?

It depends. Is the work just numbers crunching, or is the contractor going to analyze numbers and give you an opinion about what they indicate in terms of the lawsuit? If it's the latter, then it's advisory and assistance services.

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If this person is going to be an expert witness, have you thought about using the authority granted by 5 U.S.C. 3109 to hire an expert witness under a personal services contract?

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4 hours ago, Vern Edwards said:

is the contractor going to analyze numbers and give you an opinion

 

4 hours ago, Vern Edwards said:

If it's the latter, then it's advisory and assistance services

 

By definition, an Expert Witness is expected to testify, i.e., provide their expert opinion as testimony.  (Black's Law "Expert Witness", "Witness".  Rule 702 et seq.)

 

Conclusion:  Services of an Expert Witness are considered advisory and assistance.

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Note that if you hire this individual under 5 U.S.C. 3109, (s)he becomes a temporary or intermittent government employee and you do not enter into a contract under the FAR to obtain his/her services.

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11 hours ago, Vern Edwards said:

My question is:  Is this Advisory and Assistance Services Contract?

It depends. Is the work just numbers crunching, or is the contractor going to analyze numbers and give you an opinion about what they indicate in terms of the lawsuit? If it's the latter, then it's advisory and assistance services.

Thx. Yes. He will do numbers and give her opinion, and if needed, he will testify it at court.

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7 hours ago, jwomack said:

 

 

By definition, an Expert Witness is expected to testify, i.e., provide their expert opinion as testimony.  (Black's Law "Expert Witness", "Witness".  Rule 702 et seq.)

 

Conclusion:  Services of an Expert Witness are considered advisory and assistance.

Many thx.

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I'm not so sure I would call this advisory and assistance services under FAR Subpart 37.2.  See FAR 37.203( a ).  If the services are not being sought to help improve Government services and operations, or to help Government managers achieve maximum effectiveness or economy in their operations, then in my mind they are not advisory and assistance services.  

I'm also not so sure I would call this advisory and assistance services under FAR 2.101.  If the services are not being sought to support or improve organizational policy development, decision-making, management and administration, or program and/or project management and administration of R&D activities, or if the services are not being sought to improve the effectiveness of Federal management processes or procedures, then in my mind they are not advisory and assistance services.

To me, it sounds like the expert witness services are needed for reasons other than those described in FAR 37.203( a ) or the definition of advisory and assistance services in FAR 2.101.  Based only on what I have read here, I would not call them advisory and assistance services.

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