Department of Labor awards $488K contract for expert witness services, citing sole-source justification

Contract Overview

Contract Amount: $48,833 ($48.8K)

Contractor: Kirkland Messina, Inc.

Awarding Agency: Department of Labor

Start Date: 2023-11-03

End Date: 2026-05-05

Contract Duration: 914 days

Daily Burn Rate: $53/day

Competition Type: NOT COMPETED

Number of Offers Received: 1

Pricing Type: LABOR HOURS

Sector: Other

Official Description: TO HIRE A VALUATION/PRUDENCE EXPERT WITNESS FOR EBSA'S INVESTIGATION.

Place of Performance

Location: WASHINGTON, DISTRICT OF COLUMBIA County, DISTRICT OF COLUMBIA, 20210

State: District of Columbia Government Spending

Plain-Language Summary

Department of Labor obligated $48,832.5 to KIRKLAND MESSINA, INC. for work described as: TO HIRE A VALUATION/PRUDENCE EXPERT WITNESS FOR EBSA'S INVESTIGATION. Key points: 1. Contract awarded for specialized expert witness services in a Department of Labor investigation. 2. Sole-source award indicates limited availability of required expertise or specific contractor qualifications. 3. Duration of over two years suggests a complex or ongoing investigation. 4. High hourly rate for expert witness services warrants scrutiny for value. 5. Geographic location of service delivery is Washington D.C. 6. Contract type is a definitive contract, suggesting a fixed scope of work.

Value Assessment

Rating: questionable

The contract value of $488,325 for expert witness services appears high for a single service provider, especially given the 'not competed' status. Without a competitive bidding process, it is difficult to benchmark the pricing against market rates or similar contracts. The Department of Labor's justification for a sole-source award needs to demonstrate that the chosen expert possesses unique qualifications not available elsewhere, thereby justifying the premium. Further analysis of the specific expertise required and the typical rates for such specialized services would be necessary to fully assess value for money.

Cost Per Unit: N/A

Competition Analysis

Competition Level: sole-source

This contract was awarded on a sole-source basis, meaning only one contractor was solicited. The justification for this approach typically involves a determination that the required services are so specialized or unique that only a specific contractor can provide them, or that there is an urgent need that precludes a competitive process. The lack of competition limits the government's ability to explore alternative providers and potentially secure more favorable pricing through a bidding process.

Taxpayer Impact: Sole-source awards can potentially lead to higher costs for taxpayers as there is no competitive pressure to drive down prices. It also raises questions about whether the government fully explored all available options to ensure the best value was obtained.

Public Impact

The primary beneficiary is the Department of Labor's Office of the Assistant Secretary for Administration and Management, which will receive expert consultation. The services delivered will support an ongoing investigation by the Employee Benefits Security Administration (EBSA). The geographic impact is concentrated in Washington D.C., where the Department of Labor is headquartered. The contract does not appear to have direct workforce implications beyond the engagement of the expert witness.

Waste & Efficiency Indicators

Waste Risk Score: 50 / 10

Warning Flags

Sole-source award limits price discovery and potentially increases costs for taxpayers.
Lack of competition makes it difficult to assess the reasonableness of the expert's hourly rate.
The specific nature of the investigation and the required expertise are not detailed, hindering a full understanding of the necessity for a sole-source award.

Positive Signals

Contract addresses a specific need for specialized expertise in a Department of Labor investigation.
The award is for a definitive contract, suggesting a defined scope and duration.
The contract duration of over two years indicates a potentially significant and complex matter requiring sustained expert support.

Sector Analysis

The professional, scientific, and technical services sector is broad, encompassing a wide range of specialized expertise. This contract falls under 'All Other Professional, Scientific, and Technical Services' (NAICS 541990). Within this sector, expert witness services are often procured for litigation, investigations, and regulatory compliance. The market for highly specialized expert witnesses can be niche, which sometimes necessitates sole-source procurements if a particular individual or firm possesses unique, indispensable knowledge or experience relevant to the government's needs. Benchmarking is challenging without knowing the specific field of expertise.

Small Business Impact

This contract does not appear to involve any small business set-asides or subcontracting requirements. The sole-source nature of the award, combined with the specialized expertise likely required for an expert witness, suggests that the focus was on securing the most qualified provider rather than meeting small business participation goals.

Oversight & Accountability

Oversight for this contract would primarily fall under the Department of Labor's contracting officers and program managers within the Office of the Assistant Secretary for Administration and Management. The Inspector General's office may also have jurisdiction to investigate potential fraud, waste, or abuse. Transparency is limited due to the sole-source nature, with details of the investigation and the expert's qualifications not publicly disclosed.

Related Government Programs

Department of Labor Investigations
EBSA Enforcement Actions
Expert Witness Services Procurement
Sole-Source Contract Justifications

Risk Flags

Sole-source award without clear justification
Potential for overpayment due to lack of competition
Limited transparency regarding contractor's unique qualifications

Frequently Asked Questions

What is this federal contract paying for?

Department of Labor awarded $48,832.5 to KIRKLAND MESSINA, INC.. TO HIRE A VALUATION/PRUDENCE EXPERT WITNESS FOR EBSA'S INVESTIGATION.

Who is the contractor on this award?

The obligated recipient is KIRKLAND MESSINA, INC..

Which agency awarded this contract?

Awarding agency: Department of Labor (Office of the Assistant Secretary for Administration and Management).

What is the total obligated amount?

The obligated amount is $48,832.5.

What is the period of performance?

Start: 2023-11-03. End: 2026-05-05.

What specific expertise does Kirkland Messina, Inc. possess that justifies a sole-source award for this Department of Labor investigation?

The provided data does not specify the exact expertise of Kirkland Messina, Inc. or the nature of the EBSA investigation. However, sole-source awards for expert witnesses are typically justified when the contractor possesses unique qualifications, specialized knowledge, or experience directly relevant to the specific case that cannot be replicated by other firms or individuals. This could include deep subject matter expertise in a niche industry, specific technical skills, or a proven track record in similar high-profile investigations. The Department of Labor would have had to formally document and approve this justification, likely citing the contractor's unique qualifications and the absence of viable alternatives in the competitive marketplace.

How does the contract value of $488,325 compare to typical expert witness fees in similar federal investigations?

Without knowing the specific field of expertise required for this investigation, it is challenging to provide a precise comparison to typical expert witness fees. However, expert witness fees can vary significantly based on the complexity of the case, the required specialization, and the reputation of the expert. For highly specialized or complex federal investigations, fees can range from several hundred to over a thousand dollars per hour. The total contract value of $488,325, spread over a period of approximately two years (914 days), suggests an average daily expenditure of around $534. This figure needs to be broken down into hourly rates and hours worked to be meaningfully compared against industry benchmarks. The lack of competition makes direct comparison difficult, but the value warrants scrutiny to ensure it aligns with the specialized services rendered.

What are the potential risks associated with awarding a contract on a sole-source basis for expert witness services?

The primary risk of a sole-source award is the potential for inflated pricing due to the absence of competitive pressure. Without multiple bids, the government may not achieve the best possible value for its money. Another risk is that the government might overlook a more suitable or cost-effective alternative provider if a thorough market analysis was not conducted prior to the sole-source determination. Furthermore, sole-source awards can sometimes raise concerns about fairness and transparency, potentially leading to perceptions of favoritism if the justification is not robust and well-documented. Ensuring the selected contractor truly possesses unique and indispensable qualifications is critical to mitigating these risks.

What is the historical spending pattern for expert witness services by the Department of Labor or EBSA?

The provided data does not include historical spending patterns for expert witness services by the Department of Labor or EBSA. To assess this, one would need to access historical contract databases (like USASpending.gov) and filter for similar contract types (expert witness, consulting, investigation support) awarded by these agencies. Analyzing past spending would help determine if this $488,325 contract is an outlier, a continuation of a trend, or within a typical range for such services. It would also reveal the frequency of sole-source awards for similar needs and the average contract values.

What is the track record of Kirkland Messina, Inc. in providing expert witness services to the federal government?

The provided data identifies Kirkland Messina, Inc. as the contractor but does not offer details on their track record, particularly in providing expert witness services to the federal government. To assess their track record, one would need to search federal procurement databases for previous contracts awarded to this entity. This would reveal their past performance, the types of services they have provided, their success in competitive bids, and any reported issues or accolades. Without this information, it's difficult to gauge their experience and reliability in fulfilling this specific role.

Industry Classification

NAICS: Professional, Scientific, and Technical Services › Other Professional, Scientific, and Technical Services › All Other Professional, Scientific, and Technical Services

Product/Service Code: SUPPORT SVCS (PROF, ADMIN, MGMT) › PROFESSIONAL SERVICES

Competition & Pricing

Extent Competed: NOT COMPETED

Solicitation Procedures: ONLY ONE SOURCE

Solicitation ID: 1605C1-24-Q-00003

Offers Received: 1

Pricing Type: LABOR HOURS (Z)

Evaluated Preference: NONE

Contractor Details

Address: 18 BOWMAN RD, GREENVILLE, SC, 29615

Business Categories: Category Business, Corporate Entity Not Tax Exempt, Small Business, Special Designations, U.S.-Owned Business

Financial Breakdown

Contract Ceiling: $247,508

Exercised Options: $247,508

Current Obligation: $48,833

Actual Outlays: $32,333

Contract Characteristics

Commercial Item: COMMERCIAL PRODUCTS/SERVICES

Cost or Pricing Data: NO

Timeline