Sole_Source_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:

Services are needed from Resolutions, LLC ( ) as a mediator in the systemic hiring and compensation discrimination case of OFCCP v. Oracle America, Inc., Case No. 2017- OFC-00006, 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):

is being retained to serve as a mediator to assist the parties in resolving their dispute.

is expected to review confidential and non-confidential information submitted by the parties, resolve disputes about information required to resolve the matter, evaluate the litigation positions of the parties, give advice and otherwise assist in the resolution of this case.

The period of performance for this action will be December 26, 2017 through 6 months; thereafter, one (1) 6 month option period, for a total 12 month potential period of performance. The total estimated value of this requirement is .

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITIING

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(b)(3)(ii) permits an exception from the full and open competition requirement when it is necessary to acquire the services of"[a] neutral person, e.g., mediators or arbitrators, to facilitate the resolution of issues in an alternative dispute resolution process." The selected mediator is needed to: (1) review the positions of the parties on factual issues; (2) review the positions of the parties on legal issues; (3) settle disputes about the nature and scope of information necessary to understand and resolve the case; ( 4) assist the parties in understanding each other's legal and factual positions; and

(5) assist in the resolution of the case. Each of these steps may include in person meetings as well as