FAR13_DET_Redact.pdf

FAR 13 Determination At or Below SAT

SOURCE SELECTION INFORMATION - SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

DEPARTMENT OF DEFENSE EDUCATION ACTIVITY

DETERMINATION

for

SINGLE SOURCE OR BRAND NAME SOURCE SOLICITATION - FAR 13 (≤SAT)

1. Contracting Agency: Department of Defense Education Activity

2. Description of Supplies and Services:

The DoDEA Office of General Counsel requires arbitrator services to hear and rule on the Federal

Education Association-Stateside Region (FEA-SR) Grievance, FMCS No. 190828-10466 AG 18/19,

no. 40. The contract is for the provision of arbitration services to hear and determine issues of fact and law. It is also to apply the findings to rule on all factual and legal issues relating to and arising from the above referenced FEA-SR grievance filed under Article 26 of the Negotiated Agreement between FEA-SR and Domestic Dependent Elementary and Secondary Schools (DDESS). Under

Section 4, Article 27, of the Negotiated Agreement, the arbitrator's expenses and fees are borne equally by FEA-SR and DDESS. The virtual hearing is set for November 12, 2020 (Eastern Standard

Time).

3. Description of Action:

A firm-fixed-price contract is planned with a total estimated value of (total price of is equally split between DDESS and FEA-SR). The cancellation fee with three day maximum) will be covered by both or either party depending on who initiated the cancellation. The period of performance will be from November 12, 2020, through May 11, 2021. PR Number

HE12541123775, FY21 Operating and Maintenance (O&M), subject to availability of funds, is used or this one-time service.

4. Authority: FAR 13.106-1(b)(1)

5. Market Research:

The Office of the General Counsel and FEA-SR select an arbitrator to provide arbitration services necessary to hear and determine issues of fact and law and then apply those findings to rule on all factual and legal issues relating to and arising from grievances.

Based on current market research and the list of arbitrators provided by The Federal Mediation and

Conciliation Service (FMCS) process and procedures set by under the Federal Services Labor-

Management Relations Statute, , chosen as the arbitrator following FMCS rules. We recommend that you proceed forward with a sole-source acquisition.

6. Rationale for Single Source or Brand Name:

The FMCS is an independent federal agency established by a federal statute to preserve and promote labor-management relations and cooperation. This agency sets out the process and procedures by which management and labor jointly determine which arbitrator (from a list of arbitrators provided by

FAR 13 Determination At or Below SAT

SOURCE SELECTION INFORMATION - SEE FAR 2.101 AND 3.104

FOR OFFICIAL USE ONLY

DEPARTMENT OF DEFENSE EDUCATION ACTIVITY

FMCS) will hear the merits of a particular grievance filed under the Federal Services Labor-

Management Relations Statute.

Technical Certification (required): I certify that the supporting data under my cognizance and which forms a basis for this justification is accurate and complete to the best of my knowledge and belief.

Signature/Date:

Print Name: Office/Division:

Determination

Contracting Officer (required): I certify that the facts and representations included in this determination are accurate and complete to the best of my knowledge. I, as a result of this, determine that the circumstances of this contract action deem only one source reasonably available, and the anticipated cost to the Government will be fair and reasonable. The approval is granted subject to the availability of funds and provided the products/services described herein have otherwise been authorized for acquisition.

Signature/Date:

Print Name: Office/Division: