R710--Expert Witness Contract (VA-26-00084567)

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 04 Effective Date: 12/15/25 Acquisition ID#: 36C24C-26-AP-0554 siDEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition Acquisition Plan Action ID: 36C24C-26-AP-0554 Contracting Activity: Department of Veterans Affairs (VA); Regional Procurement Office Central (RPOC); 1639 Medical Center Parkway, Suite 204; Murfreesboro, TN 37129. Funding ID: F36C134-26-0000073 Nature and/or Description of the Action Being Approved: Firm-fixed price contract for expert witness and consulting services for defending a contract dispute pending Civilian Board of Contract Appeals (CBCA) where expert services for a medical recovery audit contract is needed. Description of Supplies/Services Required to Meet the Agency s Needs: VA OGC has a new requirement for expert witness litigation support services from XXXX XXXXXX, of LitCon Group, LLC in support of ongoing litigation of CBCA Claims 7718, 8054 and 8056, Alexander CPA, PLLC v Department of Veterans Affairs. The expert witness shall perform the following services: Review and analyze the Appellant's expert report(s) and the supporting data, methodologies, and assumptions relied upon, including any damages model and any opinions concerning industry-standard practices; Review relevant contract documentation, including the contract and its Performance Work Statement, the contingency-fee payment structure, the task order/ordering mechanism, the Feasibility Assessment Report requirements, claim denial and compliant-payment data, and applicable correspondence and administrative record materials provided by VA counsel; Evaluate the reliability and validity of the opposing expert's damages calculations, including the reasonableness of recovery projections derived from collected/closed claim populations, treatment of the contingency-fee model, assumptions regarding recoverable amounts, causation linking alleged VA conduct to claimed losses, and any failure to account for contract terms limiting or conditioning recovery (e.g., task-order issuance contingent on feasibility results, exclusions of certain claim categories, refund-request offsets, and cessation of payment six months after task order expiration); Prepare a written rebuttal report stating the expert's opinions, the bases and reasons for them, the facts and data considered, and the expert's qualifications, consistent with the standards applicable to expert reports before the CBCA; Provide deposition and hearing testimony as required and prepare for such testimony; Assist with VA s preparation for the deposition of Appellant s expert and assistance with VA s trial preparation; Assist with VA s preparation for, and attendance at, ADR, should one be conducted; and Consult with VA counsel throughout the engagement and respond to follow-up analytical requests as needed. Estimated value is $XXXXXXXXX. Due to the nature of trial litigation, it will not be possible at the time of awarding the contract to accurately estimate the extent or duration of the work or anticipate costs with any reasonable degree of confidence. However, based on the prior level of effort required under similar contracts, the nature of the pending litigation, and current hourly rates, the VA thinks a six-month period of performance will meet the Government s requirement. Statutory Authority Permitting Other than Full and Open Competition: Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by RFO 6.103-3. Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): 10 U.S.C 3204(a)(3)(C), as prescribed in RFO 6.302-3, Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services states, to procure the services of an expert for use, in 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, or to procure the services of an expert or neutral for use in any part of an alternate dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify. The specific statutory and RFO citations authorize the Government to award a contract using non-competitive means to use experts in any litigation involving the Government. XXXX XXXXXX of LitCon Group, LLC has been determined by OGC to have the unique expertise in the issues underlying the litigation that meets the government s needs. More specifically, Mr. Lesch has demonstrated experience quantifying damages in commercial or government contract disputes, preferably involving contingency-fee or recovery-based compensation models, relevant professional credentials, which shall include one of the following: CPA, FHFMA, FACHE, CFE, ASA/CVA or comparable valuation or forensic accounting certifications, and prior experience serving as a testifying expert, with the ability to withstand examination and to produce reports admissible before the CBCA, federal courts, or boards of contract appeals. Description of Efforts Made to ensure that offers are solicited from as many potential sources as possible (including whether a notice was or will be publicized as required by RFO Part 5 and, if not, which exception under RFO Part 5 applies): XXXX XXXXX of LitCon Group LLCs unique expertise in the issues underlying the litigation and the specific statutory and regulatory authority to award sole source contracts to experts and consultants when the Government is involved in litigation obviates the need for efforts to obtain competition. The Government is entitled to the experts and consultants that will best help the Government in ongoing litigation. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Pricing will be determined fair and reasonable based on price analysis techniques identified in RFO Part 15-404-1(5), Comparison of proposed prices with the independent Government cost estimate. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: On August 3, 2026, the SBA Small Business Database was queried, utilizing NAICS 561492 to identify SBA certified SDVOSB and VOSB concerns. 146 SDVOSB and VOSB concerns were identified. On August 18, 2026, Special Notice Intent to Sole Source 36C24C26Q0028 was posted to SAM.gov, with a response due date of August 24, 2026, by 12:00pm (Eastern). The notice states that while not a request for competitive quotes, any responsible source who believes it is capable of meeting the requirements may submit a capability statement. All SDVOSB and VOSB concerns identified in the SBA Small Business query were emailed the link to the Special Notice. Four (4) responses were received. Mandatory sources were consulted; however, none meet the Government s requirements as they do not offer these services. XXXXX XXXXXX of LitCon Group LLC has unique experience and knowledge of this type of litigation. This contract will have a PWS tailored to meet the Government s specific needs in complex issues related to contingency-fee or recovery-based compensation models. The System for Award Management (SAM) was searched for entity records and LitCon Group LLC does not have any exclusions, and the registration expires January 16, 2027. Any Other Facts Supporting the Use of Other than Full and Open Competition: N/A Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: GBCI, LLC, 7 N Calvert ST APT 901, Baltimore, MD 21202 Faros Dispute and Forensic Advisory, LLC, 10 Aldrich RD., Canton, MA, 02021 A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: To remove or overcome any barriers to competition before future acquisitions for the same supplies and services are conducted. The VA will ensure extensive market research is performed in a timely manner to evaluate vendor capabilities and further research if opening competition that can potentially meet the Government s requirements. Further, the Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief. _____________________________ ________________________ XXXXXXXXXXXX XXXXXXXX XXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXX Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: Contracting Officer Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _____________________________ ________________________ XXXXXXXXXXXXXX XXXXXXXX XXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXX