JFOC_-_Statistician.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency

Office for Civil Rights Office of Justice Programs

810 7th St NW Washington DC, 20001

2. Nature and/or Description of Need

As part of its efforts to address employment discrimination, the Office for Civil Rights (OCR) is reviewing the recruitment, hiring, retention and promotion policies, procedures, and practices of law enforcement agencies and other recipients of federal financial assistances (“recipients”) to determine whether they adversely impact applicants and employees of certain protected classes.

To assist the OCR in conducting these reviews, it needs to consult with various subject-matter experts, including those in the areas of employment statistics, organizational/industrial psychology, and exercise physiology. The statistical expert consultant will assist the OCR in evaluating whether recipients utilize employment policies, procedures, and practices that adversely impact applicants for entry-level sworn officer positions or incumbent sworn personnel based on their race, color, national origin, or sex. The industrial/organizational (I/O) psychology expert consultant will assist the OCR in determining if all aspects of the recipients’ recruitment, hiring, and promotion processes to ensure the agencies satisfy their obligations under the Uniform Guidelines and Title VII, and will evaluate the selection devices used by recipients to determine if such selection devices are consistent with business necessity. The exercise physiologist consultant will possess the skills necessary to review recipients’ physical fitness assessments for disparate impact; evaluate information about physical fitness assessments;

recommend revisions to physical fitness assessments;

3. Description of the Supplies/Services Required to Meet the Agency’s Need

The OCR requires the services of expert consultants who are familiar with the legal standards that apply to disparate impact claims under Title VII and have experience serving as retained experts in litigation or administrative agency matters. These consultants have specific skills that enable them to conduct analysis of disparate impact claims. The statistical consultant is needed for his/her skills in the use of statistics and statistical testing in employment discrimination litigation, including but not limited to Title VII litigation, and his/her skills in using statistics to analyze recipient’s applicant flow data for evidence of disparate impact and the identification of the effects of that disparate impact.

The OCR estimates that the approximate value of these services for a base year and four option year period is $429,500.00.

4. Authority Cited

FAR 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services. (a) Authority.(1) Citations: 10 U.S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3). (2) Full and open competition need not be provided for when it is necessary to award the contract to a particular source or sources in order— (iii) To acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

5. Demonstration of Contractor’s Unique Qualifications

The contractors selected have extensive experience serving as expert consultants in the areas specified in Section 2 of this document. As part of their work as consultants, the selected contractors have experience presenting their findings in courts or administrative hearings. Since the OCR anticipates the consultants may be required to testify on their findings in court or administrative proceedings, the contractors’ having experience in this area is essential.

The statistical consultant, Janice Madden, Ph.D, has extensive experience serving as an expert witnesses for the Employment Litigation Section (ELS) of the Department of Justice’s Civil Rights Division. Dr. Madden’s work in this capacity has given the consultant the knowledge, skills, and abilities necessary to perform the requisite Title VII analysis required by the OCR.

Her familiarity with Title VII and federal regulations ensures that the OCR’s activities will withstand legal scrutiny. A lesser candidate, lacking familiarity with Title VII, might produce work that would not be acceptable to a court or administrative agency, threatening the success of the OCR’s reviews. In addition to Dr. Madden’s experience serving as an expert witness, she has conducted extensive research on employment discrimination and is a recognized leader in the field. No other offeror possesses this combination of legal expertise and academic knowledge.

6. A Description of Efforts Made to Ensure That Offer Are Received From As Many

Potential Sources As Practical

An extensive search was conducted that encompassed a wide variety of civil rights offices, equal employment opportunity offices, and Department of Justice officials. This search uncovered that the selected candidates were uniquely positioned to offer the OCR the requisition combination of Title VII knowledge and experience serving as expert witnesses in both court and administrative agency hearings. An exhaustive internet search turned up no additional candidates, and it is anticipated that additional search efforts would not result in any new candidates.

7. Determination by the Contracting Officer That the Anticipated Cost will Be Fair and Reasonable:

The Contracting Officer has conducted an in-depth price analysis to determine that the cost for these services will be fair and reasonable, particularly by obtaining historical pricing samples obtained from previously awarded contracts by the Civil Rights Division of the Department of Justice. Additionally, the program office conducted extensive market research and concluded that the rates were deemed competitive with the current market. Another means of price analysis was comparison with the Independent Government Cost Estimate (IGCE) the labor rates submitted in the proposal.

8. A Description of the Market Research Conducted and a Statement of the Results:

Based on the need for individuals with extensive knowledge of Title VII, its applicable regulations, and experience serving as expert witnesses in court or administrative agency hearings, there exists only a small subset of individuals with the necessary qualifications. The OCR contacted several other government agencies for information on available experts and pricing schedules. The selected consultants were recommended by other agencies and an examination of previously executed contract agreements revealed that the contracted price is fair and reasonable.

9. Any Other Facts

N/A

10. A listing of Sources, if Any, That Expressed in Writing, an Interest in the

Acquisition:

None.

11. A State of the Actions, if Any, the Agency May Take to Remove or Overcome Any

Barriers to Competition Before Any Subsequent Acquisition for the Supplies Or

Services Required:

The agency does not anticipate a subsequent acquisition. However, if the need for a subsequent acquisition arises the agency shall survey the market for these services conduct full and open competition to the maximum extent practicable.

12. Technical/Requirements Personne l Certification

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative Date

APPROVAL:

Contracting Officer Date