Determination_Orkin__Redacted.pdf

DEPARTMENT OF DEFENSE EDUCATION ACTIVITY

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 services of an arbitrator to hear and rule on the Federal Education Association-Stateside Region

(FEA-SR) Grievance, FMCS # 190227-04572; AG SY 2018/2019, no. 19 (Certified) - Agency's submission of unexecuted draft agreement to Agency Head Review. The contract is for the provision of arbitration services necessary to hear and determine issues of fact and law, and then apply those findings in order 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 to be borne equally by FEA-SR and DDESS.

3. Description of Action: A firm-fixed price contract is planned with a total estimated value of

The period of performance will be from 11 September 2019 - 30 September 2019. FY19 Operating and

Maintenance (O&M) funds are available for this one time service.

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

5. Market Research:

The Office of the General Counsel and FEA-SR select an arbitrator for the provision of arbitration services necessary to hear and determine issues of fact and law, and then apply those findings in order 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, Mr. Neal Orkin was chosen as the arbitrator in accordance with 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 federal statute whose mission is 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 FMCS) will hear the merits of a particular grievance filed under the Federal Services Labor-

Management Relations Statute. Mr. Neal Orkin was chosen as the arbitrator IAW Federal Mediation and

Conciliation Service (FMCS) rules.

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:

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 hereby 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. Approval is granted subject to the availability of funds and provided that the products/services described herein have otherwise been authorized for acquisition.

Signature: Date: