Request for Information (RFI) Expert Witness for a Conservation Easement Appraisal Case.

Seeking an Expert Witness for a conservation easement appraisal case.

Seeking an Expert Witness for a conservation easement appraisal case.
The expert shall commence work on the first and second phase upon execution of this contract, unless otherwise advised by the Office of Chief Counsel trial attorney ("trial attorney"). All subsequent work phases are at the option of the Government. If the Government wishes the expert to perform work in a subsequent phase, it will notify the expert that it is exercising such option in writing. Under no circumstances is the expert authorized to proceed with work on an optional phase without having been notified by the Contracting Officer that the Government has exercised its option with respect to that phase.

The five phases are: (1) Preliminary Evaluation, (2) Consultation with Trial Attorney and Preparation of Report, (3) Pre-Trial Support and Trial Preparation, (4) Trial, and (5) Post-Trial Litigation Support. Each phase is described separately below.

Work in each phase shall be performed and billed on an hourly basis except for authorized travel expenses which shall be separately authorized and billed. The hourly rate is to be the expert's complete compensation such that the only additional charges shall be for authorized travel and miscellaneous expenses. Each phase is governed by its own not-to-exceed limitation. See: III, C below. Only the contracting officer can increase the not-to-exceed limitation, and each such increase shall be through a written modification to this contract.

During this Phase 1, the expert will become familiar with the property and easement by visiting the subject property and conducting preliminary research (e.g., zoning, public records, comparable sales) that is necessary to give the expert a basic understanding of the easement, subject property, and surrounding area. The expert will visit the location of properties that will be listed as comparable in the expert report.

Phase 2, The expert shall be available to consult with the trial attorney as needed. In performing this consulting, the expert will research and analyze all appropriate materials. If requested by the trial attorney, the expert's research, analysis, and conclusions shall be in the form of a letter to the trial attorney. The letter is in addition to the written report required to be prepared and submitted to the Tax Court in accordance with T.C. Rule 143(g) that is discussed in the paragraphs below.

The expert shall prepare a written report summarizing the points necessary to assist the Court in determining the fair market value of the easement. The report may include a narrative description of the easement and subject property.

Phase 3, The expert shall be available to assist the trial attorney in preparing for trial in the Tax Court. The expert shall assist the trial attorney in preparing for the examination of the expert and the cross examination of other experts. If directed by the trial attorney, the expert's review, analysis and comments will be in writing.

Phase 4, The expert shall be available to testify in Tax Court concerning the substance and rationale of his opinions. The expert must adequately prepare his testimony and shall appear at trial at the time and place scheduled by the Court. Unless directed or allowed not to answer by the trial judge, the expert shall respond truthfully to all questions. The expert shall also, at the request of the trial attorney, review, analyze, and comment, orally or in writing, on the testimony given by other witnesses, identifying both the strengths and weaknesses of such testimony and suggesting possible lines of inquiry thereon.

Phase 5, The expert shall be available to assist the trial attorney in evaluating the evidence presented at trial and in preparing any post-trial brief. The expert shall review the transcript of his testimony and that of petitioner's expert(s) as needed. The expert shall review and comment on the Government's post-trial briefs. The expert shall review and comment on petitioner's post-trial briefs.

• Meeting with Trial Attorney will be in Morgan County, GA
• Trial will be in Tampa, FL

Responses shall be sent to Simone Thompson (simone.p.thompson@irs.gov) and Kinyse Hailey (kinyse.c.hailey@irs.gov) by 3:00pm (ET) on Monday, February 6, 2023.