Speakers

[GABE]

Looking at having an expert speaker at one of our conferences. FAR part 6 addresses justification regarding the aforementioned service.

Are we in agreement that expert speakers are not required to be competed in Federal sector?

[Jamaal Valentine]

No, we are not in agreement. I would need to know more. For example, are you using the expert under and consistent with FAR 6.302-3(a)(2)?

”To acquire the services of an expert or neutral person for any current or anticipated litigation or dispute [including any reasonably foreseeable litigation or dispute].”

[C Culham]

An additional thought.  Reaching to FAR part 6 would imply that the intended need is excess of $250,000.  Is a honoraium for an expert speaker really that much?  Remember FAR subpart 13.106-1(b) addresses "single source" when the need is below the Simplified Acquisition Threshold.

[joel hoffman]

Does your agency have written rules or other policies on conducting conferences? Policies on an honorarium for a conference speaker, etc? 

[GABE]

12 hours ago, Jamaal Valentine said:

No, we are not in agreement. I would need to know more. For example, are you using the expert under and consistent with FAR 6.302-3(a)(2)?

”To acquire the services of an expert or neutral person for any current or anticipated litigation or dispute [including any reasonably foreseeable litigation or dispute].”

That is correct.

[GABE]

11 hours ago, C Culham said:

An additional thought.  Reaching to FAR part 6 would impy that the intended need is excess of $250,000.  Is a honoraium for an expert speaker really that much?  Remember FAR subpart 13.106-1(b) addresses "single source" when the need is below the Simplified Acquisition Threshold.

Good point. Thank you.

[GABE]

6 hours ago, joel hoffman said:

Does your agency have written rules or other policies on conducting conferences? Policies on an honorarium for a conference speaker, etc? 

Should but unfortunately we do not.

[joel hoffman]

8 hours ago, GABE said:

That is correct.

Acquiring the services of an expert under the conditions in FAR 6.302 (a) (ii) and (b)(3) doesn't seem to be the same as engaging a speaker for a conference.

We’ve hired experts, including Prof. Ralph Nash as a neutral for arbitration.

We’ve engaged University professors to write reports refuting the technical bases for various claims or REAs or for impact claims.

We hired an architectural concrete expert during construction of King Abdulaziz Military Academy in Saudi Arabia to solve a massive scale of surface finish problems and to guide contractors in rehabilitating  the surfaces. Then hired him to advise and assist me in resolving and negotiating claims by two contractors totaling more than 80 million (1985) dollars.

We’ve engaged expert witnesses to evaluate, present and defend against contractor claims before courts or Boards of Contract Appeals. 

Those are all quite different than simply hiring a conference speaker. 

However, this is something that has been commonly done for conferences in my experience. I doubt that the organization seeks competition to engage subject matter experts or prominent people as conference speakers.

I seriously doubt whether anyone is going to protest the selection of a conference speaker.  Some of our conferences included attendees from industry and academia. They enjoyed the speakers as much as we did.

[formerfed]

I’ve had lots of experiences with conferences and I completely agree with Joel.   Speakers are often selected as those participants most want to hear and think as beneficial.  Agencies just don’t compete speakers.   If you need documentation for your file,  it should be easy to write assuming the amount exceeds the micro purchase threshold. 

[Jamaal Valentine]

13 hours ago, GABE said:

That is correct.

I will take you at your word because you’ve been around for several years. However, since this is the beginner’s forum, I suggest you verify that the speaker is providing services for ‘current or anticipated litigation or dispute [including any reasonably foreseeable litigation or dispute]’ at the conference.

To close, what is your understanding of the limited use of experts under FAR 6.302-3(a)(2)? Do you think it applies to contract actions for experts that do not acquire the services of an expert or neutral person for any current or anticipated litigation or dispute [including any reasonably foreseeable litigation or dispute]? You don’t need to necessarily respond here, but anyone reading this thread may want to ask these questions.

Happy hunting!

[C Culham]

@GABE

If I am the CO and given a requirement for an “expert speaker at one of our conferences” here is my thought process.

I as the CO may or may not have a government purchase card.  Also, I may or may not have a warrant that is above the Simplified Acquisition Threshold.

I would research and conclude agency does or does not have a policy or FAR supplement regarding honorarium.

I research and conclude agency does or does not have a convoluted policy regarding single source authority of FAR part 13 to make it like an exception to full and open competition provided for in FAR part 6.

I research and conclude I am paying fee to the individual or an entity that employees the speaker.

I as CO would then consider the following for procuring the need (not hire!).

Value up to but not exceeding $10,000.  Speaker is not a bona fide executive, administrative or professional and fee is less than $2500 purchase the speaker and pay speaker fee with government purchase card (GPC) if speaker accepts credit card.   If does not accept GPC, use a purchase order (PO).  If speaker is a bona fide professional, etc. and fee is less than $10,000 use GPC, if not use PO.  I note here that if the individual is from an institution of higher education or related or affiliated nonprofit entities, or from nonprofit research organizations or independent research institutes and I am purchasing the need (speaker service) through such entity the GPC is an option up to $10,000.  (Reference FAR part 2 and the definition of "Micro Purchase Threshold".

Value is above $10,000 up to but not exceeding $25,000 use a PO.   Document file as to why the speaker was chosen.

Value above $25,000 to $250,000 use PO but first synopsize purchase in SAM.gov as single source.   Document file with a determination that supports the single source “determination”.

Value above $250,000.  Select an appropriate exception to full and open competition pursuant to Federal Acquisition Regulation FAR subpart 6.3.  Document file with J&A.  Synopsize in SAM.gov.  Use contract.

[formerfed]

Really good explanation, Carl

[Jamaal Valentine]

Within DoD, an honorarium for a speaker would be done through a miscellaneous payment outside of the contracting office. See DoD Guidebook for Miscellaneous Payments, 2019; see also 2023 DoD FMR Volume 10, Chapter 12, para. 8.

A miscellaneous payment is defined as a payment that is not initiated by a contract. DoD Guidebook for Miscellaneous Payments, 2019.

Remember, contracting is not the solution or proper tool for fulfilling every agency need.

[C Culham]

27 minutes ago, Jamaal Valentine said:

Within DoD,

Great point.   I think if I were to update my last post it could get into a complicated flow chart view.   This said I will just add here -

4 hours ago, C Culham said:

I would research and conclude agency does or does not have a policy or FAR supplement regarding honorarium.

Such research could lead to a policy as @Jamaal Valentine points out.

4 hours ago, C Culham said:

Value above $250,000.

And if using a Federal Acquisition Regulation approach to fill the need one should not forget FAR subpart 13.5 when over the $250,000. 

[GABE]

On 3/26/2024 at 7:29 AM, C Culham said:

@GABE

If I am the CO and given a requirement for an “expert speaker at one of our conferences” here is my thought process.

I as the CO may or may not have a government purchase card.  Also, I may or may not have a warrant that is above the Simplified Acquisition Threshold.

I would research and conclude agency does or does not have a policy or FAR supplement regarding honorarium.

I research and conclude agency does or does not have a convoluted policy regarding single source authority of FAR part 13 to make it like an exception to full and open competition provided for in FAR part 6.

I research and conclude I am paying fee to the individual or an entity that employees the speaker.

I as CO would then consider the following for procuring the need (not hire!).

Value up to but not exceeding $10,000.  Speaker is not a bona fide executive, administrative or professional and fee is less than $2500 purchase the speaker and pay speaker fee with government purchase card (GPC) if speaker accepts credit card.   If does not accept GPC, use a purchase order (PO).  If speaker is a bona fide professional, etc. and fee is less than $10,000 use GPC, if not use PO.  I note here that if the individual is from an institution of higher education or related or affiliated nonprofit entities, or from nonprofit research organizations or independent research institutes and I am purchasing the need (speaker service) through such entity the GPC is an option up to $10,000.  (Reference FAR part 2 and the definition of "Micro Purchase Threshold".

Value is above $10,000 up to but not exceeding $25,000 use a PO.   Document file as to why the speaker was chosen.

Value above $25,000 to $250,000 use PO but first synopsize purchase in SAM.gov as single source.   Document file with a determination that supports the single source “determination”.

Value above $250,000.  Select an appropriate exception to full and open competition pursuant to Federal Acquisition Regulation FAR subpart 6.3.  Document file with J&A.  Synopsize in SAM.gov.  Use contract.

Thank you very much for this response!  With the requirement being below 25k, I see no reason why justifying under FAR 13 would not be appropriate.

[joel hoffman]

On 4/3/2024 at 7:28 PM, GABE said:

With the requirement being below 25k,

That would have been exceedingly nice to know in the OP! 

[Jamaal Valentine]

On 4/3/2024 at 5:28 PM, GABE said:

With the requirement being below 25k, I see no reason why justifying under FAR 13 would not be appropriate.

I wonder if this is a job for the SF-182.

[formerfed]

1 hour ago, Jamaal Valentine said:

I wonder if this is a job for the SF-182.

Many agencies do use the SF-182 for this if the speaker is presenting educational or informative information.