Sample: Transmittal Memorandum for Expert Witness Contract
Joseph Feibel – January 17, 2018
[On Appropriate Letterhead]
Expedited Treatment Requested
To: [Insert Name]
Senior Procurement Executives
From: [Insert Name(s)]
[Insert Division Name]
[Insert Bureau and/or Office]
Date: [Insert Date]
Subject: Request for consulting/expert witness support services with [insert name(s)/company] for the [Insert Project or Case Name]
The [insert name of division] requests a contract for consulting/expert witness support services from [insert name(s) or company] in the amount of $XXX,XXX.XX for [insert performance period in terms of months/years] to serve as the consultant in the investigation of and possible testifying expert for any future litigation arising from [insert the subject and/or title of the case].
[Provide a justification explaining each of the following: (1) general information regarding the parties involved in the case; (2) a generic description of the subject matter of the case;(3) why an expert witness is required to support this case; and (4) summary of the scope of the work to be completed.
[ Include one paragraph explaining (1) general information regarding the parties involved in the case; (2) a description of the subject matter of the case; and (3) why an expert witness is required to support this case.]
[In this section, include a paragraph discussing the level of urgency. Explain the timeline the services are required and when contract award is required.]
III. MARKET RESEARCH
We considered a number of expert witnesses to assist us in this matter. Specifically, [insert name] held discussions with the following individuals:
[Include a paragraph documenting the results of your market research. A write-up for each candidate shall include what made them an acceptable expert witness candidate or what hindered him/her from further consideration. Examples include but are not limited to:
(1) their willingness to participate as an expert witness;
(2) whether they can dedicate the time required to support the Agency;
(3) whether they have the requisite experience in a certain subject;
(4) whether the expert has any current or potential conflicts of interest;
(5) their views and opinions on certain subjects; and
(6) what is their typical hourly rate.
Also, include their willingness to offer discounts to the Agency. If there was more than one candidate that met the needs of the Agency, include an explanation of the recommendation.]
After review of the resumes of these highly regarded experts and interviewing each of them, it was the
consensus of the [insert bureau/office] that [insert name(s)/company] is the best candidate for this work.
IV. FEES FOR SERVICE
[In accordance with the Chairwoman’s Discount Policy, include the following paragraph in this section if the estimated value of the expert witness contract is over $500,000.00 or the expert rate is expected to exceed $500.00 per hour.]
[Insert name(s)/company] hourly rate is [insert hourly rate]. Upon asking about a potential discount, [insert name(s)/company] stated that they would offer [enter either discount in percentages or discounted hourly rate].
V. COR NOMINATION
We nominate XXXXX XXXXXXXX to serve as the Contracting Officer’s Representative (COR) under this expert witness support services contract. [List technical qualifications as well as types of contracts administered (indicate supply or service, contract type, i.e., cost, fixed price) Qualifications can include project management experience, leading investigations, working with experts and trial teams in past cases, etc. Be sure to address whether Level I certification has been obtained and, once developed, if the COR went through or sat through a COR Briefing for Expert Witness Contracts (include date).]
We recommend execution of a contract for the expert witness services of [insert name(s)/company] as soon as possible. The expertise of [insert name(s)/company] will greatly benefit Commission staff in completing the investigation of [insert project or case name].
VII. EXPERT CONTACT INFORMATION
The contact information for the expert is:
[Insert company, if applicable]
[Insert mailing address]
Email: [Insert email address(es)]
Phone: [Insert phone number(s)]
VIII. ADDITIONAL INFORMATION
[Insert additional information that is not provided elsewhere in this memorandum. An example may include facts that support your assessment that the estimated rate quoted by the expert witness is a fair and reasonable price.]