substantially in agreement about that but in this case i want to take a moment if i may your honor to focus on the facts some of the facts in this case in particular and nine hundred ninety six the untruth and particular book respect to the car price this year and there are certain standards that are set forth we included in our that mr matthew just so we don't run out of time on this he referred to statistical evidence of racial discrimination to support your claim that the d o d failed to promote african american men above the g s while that was his testimony recognizing the people who were in the best western district in the area that he served ok but he mentioned statistical or you've mentioned statistical evidence where's the statistical evidence to which you make reference mr butler competed for but i i want to be sure we're understanding each other here statistical evidence would usually have some base that you're covering whether it's the whole country or a is such evidence i want to i'm not talking about mr butler's testimony i'm talking about statistical evidence is there such evidence and you know report you want to go with a to break down the number of persons from mr bayer i stated that mr butler interviewed fairly well those were his statements however he did not have any cost pricing experience mr williams who was also the other interview panelists who provided a statement stated that he did not recall mr butler at all so he provided no information mr banger's credentials at  an issue with respect to the rationale provided by the agency just simply wasn't credible there were three persons who provided evidence one stated he didn't remember mr butler at all the one who did recall said he did not have any experience which obviously the record shows is incorrect and the third person record doesn't contain any statements from i think it's also important  records of the ratings to indicate why one candidate with alexis and other candidates were not and in this case the only thing that we find the only reason that the agency gave are with respect to the cost pricing are reasons that we have proven that are not reality not credible and in addition to that the evidence shows when you compare just a side by side comparison m agency the only other reason is that just a minute deals with the issue of communication and i would ask that the panel meet the definition and the credentials of communication because it involve communicating by how well a person interviewed or how well that they answered question with the panel for example is specific to the set top floor criteria and the area of communication wait that that sixty four of the our parents permission and in that she indicates that silver was his supervisor for the yea before the time period right before the interviews in this place and this case took place and it was her opinion that the area in which she worked which is the price cost analysis area that she would give him a sustained period perform it his ratings were significantly above average and with respect to his communication skills the question was asked what was her opinion about his communication skills and she stated that was contract management district for western united states created professional training or can monitor positions trainer and mentor positions in several areas of expertise to the relevant here are contract pricing and contract ministration it then exercised its provocative as an employer and manager to select the persons they believed would fill those positions most effectively that's particularly relevant to a remark that that was just made regarding mr bowers select those persons who are were going to perform most effectively in each of those two areas so each of the two animals that were selected were distinct there was a panel for contract administration and there was a separate panel for has no experience in cost price analysis or no cost price experience specifically mr bowers affidavit states is that quote he did not have as strong a background in contract quiting as some of the other candidates as some of the other candidates including the recommended candidates the will of the panels was not to select the will of the panels was determined based upon the written information submitted by the candidates on their interviews who they would recommend to the deciding selecting official be in contract pricing as some of the other candidates including those recommended he wasn't saying that there might not be candidates who they also interviewed who in fact had more contract pricing experience than did mr butler but then the most important fact here is that the agency was using it's quite curious to determine who to recommend and i'd like to draw the court's attention to the job announcements in each of these these two areas those two job announcements are found in the supplemental exercise for the record exhibits one and two specifically it's seventeen the first page of the job announcement for contract administrator and page twenty the first page for contract price  mr butler's briefs focuses on the qualifications to be considered as a candidate for these positions but page two of each of these dhaba now since lists the ranking factors which would be considered in deciding who to recommend for this position and those ranking factors placed seventy percent of the weight of so called knowledge skills and abilities which include the ability to communicate the ability to i'd like to spend a little time with mister are there other you know i don't think we have any questions sorry i don't think we have any questions so if you feel you need to make it a few other points for him but  not a case that's on point to this case at all for various reasons among other reasons was the fact that in that case there were no panels of experts set up there was no formal procedure set up for the determination of who to select and there was no in that instance there were workplace remarks that were not human workplace remarks that indicated discriminatory intent that we do not have  that candidate was found never to have had a contract cost price and was position so keep in mind that the with respect to that particular position the only evidence we have is that mr barr was think that the other candidate had a stronger cost price background certainly with respect to this candidate who was selected for the exact position that mr