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64. Instructions for Completion of Form OBD-47

NOTE: The Case Attorney should consult internal operating procedures or the Administrative/Fiscal office for specific requirements of the Component prior to completing this form.

Part I of the form is the Request for Services. It is to be completed by the case attorney. The required entries should be self-explanatory. If more space is needed for the entry in block 13, please attach a separate sheet to each copy of the form.

Part II of the form is the Authorization. Depending upon the internal procedures in the litigating component, authorization will be granted by either the component's Executive/Administrative/Budget Officer or other group within the organization or by the Special Authorizations Unit (SAU), Justice Management Division (JMD). Authorization from the SAU may be requested either through submission of the Form through the mail to the SAU or by means of facsimile. Note that if the Form is faxed to SAU, do not duplicate by sending the form by mail.

Part III of the form is the Witness Agreement. Once authorization is obtained, the case attorney and Expert Witness will complete and sign the appropriate blocks in Part m. This must be done PRIOR to the witness commencing work on the case.

After the agreement is signed by the case attorney and Expert Witness, distribution of the Form will be made as follows: Copy 1 goes to the Expert Witness. The Original and Copy 3 are maintained by the case attorney. Copy 2 is sent to the SAU. Copy 4 is an extra and should be used in accordance with internal procedures in the litigating component.

After the services are rendered by the Expert Witness, the Expert Witness shall submit his or her invoice to the case attorney in accordance with the below INVOICE REQUIREMENTS clause. If the services are acceptable, the case attorney will sign and date the invoice, accepting the services.

The case attorney will forward the approved invoice and the Original of the Form to the address shown in Part m, Block 5 of the Form. Please note that operating procedures within the litigating component may require a slightly different forwarding and/or approving procedure.

General Terms and Conditions - Expert Witness Agreements

  1. CLAUSES INCORPORATED BY REFERENCE. This Expert Witness Agreement incorporates one or more Federal Acquisition Regulation (FAR) clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Special Authorizations Unit, Procurement Services Staff, Justice Management Division will make their full text available.

    Federal Acquisition Regulation (48 CFR Chapter 1) Clauses:

    FAR Ref. Clause Title 52.203-1 Officials not to Benefit (Apr 1984)

    52.203-3 Gratuities (Apr 1984)

    52.203-5 Covenant Against Contingent Fees (Apr 1984)

    52.203-6 Restrictions on Subcontractor Sale to the Government (Jul 1985)

    52.203-7 Antikickback Procedures (Oct 1988)

    52.222-3 Convict Labor (Apr 1984)

    52.222-26 Equal Opportunity (Apr 1984)

    52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans (Apr 1984)

    52.222-36 Affirmative Action for Handicapped Workers (Apr 1984)

    52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (Jan 1988)

    52.225-13 Restrictions on Contracting with Sanctioned Persons (May 1989)

    52.229-3 Federal, State and Local Taxes (Apr 1984)

    52.232-1 Payments (Apr 1984)

    52.232-8 Discounts for Prompt Payment (Apr 1989)

    52.232-25 Prompt Payment (Apr 1989)

    52.233-1 Disputes (Apr 1984)

    52.243-1 Changes-Fixed Price (Aug 1987)

    52.249-1 Termination for Convenience of the Government (Fixed Price) (Short Form) (Apr 1984)

  2. THE FOLLOWING CLAUSES ARE SHOWN IN PULL TEXT:
    1. INSPECTION AND ACCEPTANCE - Inspection and acceptance will be at destination, unless otherwise provided. Until delivery and acceptance, and after any rejections, risk of loss will be on the Expert Witness unless loss results from negligence of the Government.

    2. INVOICE REQUIREMENTS - After services are rendered, the Expert Witness shall prepare an invoice and submit it to the case attorney at the address shown on block 2, Part m of this form. To constitute a proper invoice, the invoice must contain the following information: (i) the name and Taxpayer Identification Number (TIN) of the business entity or individual expert witness (if an individual has no TIN, the Social Security Number may be used); (ii) the date of invoice; (iii) a description, itemization and price for all services rendered and miscellaneous expenses incurred; (iv) the date or the period over which the services were rendered and (v) the name, telephone number and complete mailing address of the responsible official to whom payment is to be sent. The invoice must also be accompanied by any travel receipts and/or receipts for miscellaneous expenses to substantiate the invoice amount. The attorney will certify on the invoice that the services were received and the date the services were accepted. The attorney will forward the approved invoice and the Original and a photocopy of this form (in accordance with internal procedures of the litigating component) to the Payment Office indicated in Part m, Block 5 of this form.

    3. INTEREST ON OVERDUE PAYMENTS - (a) The Prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 U.S.C. 1801) is applicable to payments under this agreement and requires the payment of interest to expert witnesses on overdue payments and improperly taken discounts. (b) Determination of Interest due will be make in accordance with the provisions of the Prompt Payment Act and the Office of Management and Budget Circular A-125.

    NOTE: Pursuant to the Prompt Payment Act of 1982, the witness may be entitled to an interest payment on an invoice that is not timely paid, normally within 30 days of receipt of invoice or federal acceptance whichever is later. Payment of interest is only permitted when: (a) there is duly signed agreement between the Government and a Business concern, i.e., any person or nonprofit entity engaged in a profession, trade or business; (b) federal acceptance has occurred; (c) a proper invoice, i.e., one which contains the information required by the Invoice Requirements clause, has been received and there are no disputes over quality or quantity; and (d) payment is made to the business concern after more than 30 days after receipt of invoice as defined in the Act. In the event an invoice is submitted which does not contain the required information, the Expert Witness will be so notified.

    Notice

    All follow-up invoices shall be marked "Duplicate of Original". Expert Witness questions regarding payment information or check identification should be directed to the Department of Justice Vendor Assistance Hotline (202) 501-7403 or 7404.

    The Expert Witness must place its Taxpayer Identification Number (TIN) on the invoice. Any invoice that does not have this number will be returned as an improper invoice. (For individuals with no other TIN, the Social Security Number should be used).