Approved_Justification_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING AGENCY:

Contracting Activity Office of Procurement Services U.S. Department of Labor (DOL)

Customer Agency Office of Federal Contracts Compliance Programs

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

Planned award to E-Consult Corporation ( and her staff) as a testifying expert in the hiring discrimination matter of OFCCP v. JBS USA LUX S.A.f/k1a JBS USA, LLC, JBS USA, Inc. and Swift & Co., and

SWIFT BEEF COMPANY, collectively dlb/a JBS and JBS USA., Case No. 2017-OFC-00002, currently pending before the U.S. Department of Labor, Office of Administrative Law Judges.

3. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY'S

NEEDS (Including the Estimated Value):

The expert witness and her staff are expected to review and analyze the databases compiled by OFCCP and perform various statistical analyses of the databases, including various regression analyses, to verify statistical findings. The expert and her staff will also compile and/or finalize a database from the data provided by the contractor and will then perform statistical analyses using the database. The expert will also calculate damages. In addition, the expert is expected to write an expert report on her findings, review the employer's expert reports and write supplemental and/or responsive reports, if necessary. The expert is further expected to assist in drafting and responding to written discovery, to be deposed, to assist in the deposition of the opposing expert(s), to assist in preparing for the depositions and interviews of other witnesses, to testify at the trial of this matter and to otherwise assist at trial and in trial preparations, including assisting in the cross-examination of opposing experts. The expert and her staff may also assist in preparing for settlement discussions.The proposed action is estimated to be for the base year and one option year.

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

OTHER THAN FULL AND OPEN COMPETITION:

• FAR 6.302-1- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency

Requirements.

• FAR 6.302-3 - Industrial Mobilization; Engineering, Developmental, or Research Capability; or

Expert Services.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUSITION REQUIRES USE OF

THE AUTHORITY CITED:

FAR 6.302-3(i) permits an exception from the full and open competition requirement when it is necessary to acquire the services of"an expert to use in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Government in any trial, hearing or proceeding before any court, administrative tribunal or agency, whether or not the expert is expected to testify." The selected expert is needed to: (I) opine on whether there is statistical evidence of systemic discrimination; (2) construct and finalize databases; (3) perform statistical analyses, including multiple regression analyses; (4) perform analyses on and provide critiques of the opposing expert's statistical analyses; (5) calculate remedies; (6) assist in discovery and trial preparation; and (7) possibly