Tips, Do’s and Don’ts


·         Use your requirement (specific needs) to target your research and how the expert can best fill your need

·         Begin identification of experts that will satisfy your requirement as early as possible.

·         Consider if the potential experts are System for Award Management (SAM) registered during your identification process.

·         Searching on Google or Yahoo to find out about an expert can be very useful.

·         Have the expert sign a Non-Disclosure Agreement (NDA), before sharing any sensitive agency information.

·         Techniques for identifying your expert may include any or all of the following:

o   Contacting knowledgeable individuals in your agency and other agencies regarding expert capabilities to meet requirements

o   Reviewing the results of recent experts to meet similar or identical requirements

o   Querying Government databases that provide information relevant to Agency cases

o   Participating in interactive communications with acquisition personnel and other lawyers to see how similar needs were met before

o   Obtaining lists of experts from other contracting activities or agencies

o   Reviewing catalogs and other generally available product literature published by experts

Review FAR Part 10 – Market Research.  This part prescribes policies and procedures for conducting research to arrive at the most suitable approach to acquiring, distributing, and supporting supplies and services. 


·         Use the discussion script

·         Document the results of your research in a manner appropriate to the size and complexity of your expert witness requirement.

·         Document whom you contacted (which experts you talked to).

·         Document the results of each expert contacted.

·         Keep track of what ideas you decided to actually include and not include in your purchase request.

·         Document the expert’s qualifications (indicate what makes them the most qualified candidates) and forward to the Acquisitions Branch in the cover letter.

·         Use your designated Contracting Officer during discussions with experts, if needed.

·         Participate in interactive communication with potential experts.

·         Inquire about rates and discounts with experts.

·         Review recent history and results of research undertaken to meet similar expert witness requirements.

·         Review literature about experts and that they may have authored available on-line

·         Use Westlaw, Lexis/Nexis databases etc. in conducting your search for an expert

·         Investigate the background of any expert witness under serious consideration.


·         Do not discuss the amount that your Agency is budgeting for expert witnesses during discussions with potential experts.

·         Do not agree on FINAL pricing with experts during discussions.  The Contracting Officer must agree to final pricing with the expert.

·         Do not discuss confidential Agency data with a potential witness without having them sign a non-disclosure agreement.

·         Do not, during discussions with experts, leave with the impression that they have a finalized agreement.  (Your Acquisition/Contracting Branch will finalize the agreement and award a contract.)