1.02 PWS TRIAL ROLE PLAYER (NJS) FY21.docx

PERFORMANCE WORK STATEMENT: Trial Role Player Support (NJS)

Part 1

General Information

1. GENERAL: This is a personnel services contract to provide Role Player (RP) services in support of Naval Justice School (NJS) Mock Trial training. This training requires the employment of RPs to serve as witnesses and victims for mock court-martial scenarios. This training will be performed at NJS, Newport, Rhode Island. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform RP services for NJS Mock Trial training as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: NJS conducts training for new Coast Guard, Marine Corps, and Navy attorneys three times per year during its Basic Lawyer Course (BLC). The culminating event of this ten-week training course is a mock court martial evolution. Students or NJS staff members have traditionally played the roles of the victims and witnesses of these exercises. The contract would provide for professional actors/RPs to assume the roles of the victims and witnesses.

1.3 Objectives:

1.3.1. To learn mock trial witness roles for the BLC

1.3.2. To conduct interviews with BLC students during mock trials.

1.3.3. To play witness roles during students’ preparation (small group practical exercises)

1.3.4. To play witness roles during mock trials and to conduct mock interviews in preparation of the trials.

1.4 Scope: Services shall include 14 role players per course learning the roles for the NJS Mock Trial, communicating/ conducting interviews (in-person and via telephone and email) with students for interviews prior to mock motions sessions and the mock trial. This also includes playing the witness roles during practice sessions. In-person communication is preferred with telephone as the primary backup. The intent is that all interviews occur in person, and there is time built into the schedule for that. However, students work on the nights and weekends and might not have the opportunity to ask final questions/ do final prep with the RPs before their mock trial. We would like RPs to be accessible to the students after normal working hours, if possible.

1.5 Period of Performance: The period of performance of this contract shall be from 15 November 2020 to 14 November 2021. Within this period of performance, the contractor shall provide role players for four distinct periods that will be determined by the start and end dates of the BLC, which are subject to change. The dates of performance within those BLCs are tentatively scheduled to be from 16 November to 4 December 2020, 8 March to 26 March 2021, 31 May to 18 June 2021, and 18 October to 5 November 2021.

1.6 General Information

1.6.2 Quality Assurance: The government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: Contractor will not be required to provide services on the following federal holidays:

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0730 and 1800 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at NJS, Naval Station Newport, Rhode Island, a government facility.

1.6.6 Type of Contract: The government will award a firm fixed price contract.

1.6.7 Security Requirements: Contractor personnel will not require a security clearance. Contract personnel must be able to access the base. RPs must provide NJS with a completed SECNAV Form 5512 (to Designee appointed by Military Justice Department Head) 3 weeks prior to arrival on station in order to ensure RPs are properly vetted by base security and can have access onto and off of the installation for the period of work.

1.6.7.1 PHYSICAL Security: The contractor shall not be issued any equipment that needs to be safeguarded or secured. NJS will be responsible for the physical security of the building.

1.6.8 Special Qualifications: RPs must have acting experience supported by their resumes.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The following personnel are considered key personnel by the government: Contract Manager/COR; Commanding Officer, Executive Officer, Operations Officer, Military Justice Department Head, and the Designee appointed by Military Justice Department Head. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 0730 and 1700, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.13 Contractor Travel:

No travel cost shall be covered under this contract. Travel costs incurred by any RP to/from Naval Station Newport shall be covered by the service provider.

PART 2

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

2. GOVERNMENT FURNISHED ITEMS AND SERVICES:

2.1. Services : The Government will provide course materials for the contractor’s review to aid in preparation for the mock trial exercises.

2.2 Facilities: The Government will provide the necessary workspace for the contractor staff to provide the support outlined in the PWS. The Government will provide, utilize, and manage all on-site video recording equipment and software.

2.3 Utilities: The Government will ensure all utilities in the facility will be available for the contractor’s use in performance of tasks outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

2.4 Equipment: Not applicable. The Government will not furnish any equipment.

2.5 Materials: The Government will provide mock trial witness roles and other case material to aid in the contractor’s preparation at least 4 weeks before each performance.

PART 3

CONTRACTOR FURNISHED ITEMS AND SERVICES

3. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

3.1 General: The Contractor shall furnish at least 14 actors, all supplies, equipment, and services required to perform work under this contract that are not listed under Part 2 of this PWS.

3.2 Secret Facility Clearance: Not applicable. RPs must provide NJS with a completed SECNAV Form 5512 (to Designee appointed by Military Justice Department Head) 3 weeks prior to arrival on station in order to ensure RPs are properly vetted by base security and can have access onto and off the installation for the period of work.

PART 4

SPECIFIC TASKS

4. Specific Tasks:

4.1. Basic Services. The contractor shall provide actors for witness roles during the NJS BLC mock trial evolution, four times during this contract. RPs will need to be onboard NJS approximately 30 hours a week for a total of three weeks for each evolution. A sample schedule is below. The Government will provide a work schedule to the Contractor 8 weeks prior to the beginning of each session to allow the Contractor to properly staff this requirement. Contractors must learn the witness roles, be available in person and by telephone or email for interviews by students, and play the witness roles during practical sessions and a mock trial evolution.

Typical Schedule:

0800-1100 Role Player Orientation conducted by the Designee appointed by Military Justice Department Head 0800-1130 Mock Trial Witness Interviews

1300-1600 Mock Trial Witness Interviews 0800-1130 Case Strategy Groups (RPs available as witnesses)

1300-1700 Case Strategy Groups (RPs available as witnesses)

0800-1130 Case Strategy Groups (RPs available as witnesses)

1300-1700 Case Strategy Groups (RPs available as witnesses) 0800-1130 Case Strategy Groups (Motions prep work, RPs available for mock examinations/ interviews.)

Case Strategy Groups (Motions prep work, RPs available for mock examinations/ interviews.)

0800-1130

0800-1130

1300-1700 Case Strategy Groups (Motions prep work, RPs available for mock examinations/ interviews.)

0800-1130 Mock Motions (RPs serve as witnesses)

Mock Motions (RPs serve as witnesses)

0800-1130 Case Strategy Groups (Post-Motions Strategy; RPs available for interviews/ mock examinations)

1300-1700 Case Strategy Groups(Post-Motions Strategy; RPs available for interviews/ mock examinations)

0800-1130 Case Strategy Groups (Openings and closings, RPs not needed.)

Case Strategy Groups (Openings and Closings, RPs not needed.)

0800-1130 Case Strategy Groups (Directs and cross-examinations; RPs serve as witnesses.)

1300-1700 Case Strategy Groups (Directs and cross-examinations; RPs serve as witnesses.)

0800-1130 Mock Trial Prep (RPs available for interviews/ other prep)

1300-1700 Mock Trial Prep (RPs available for interviews/ other prep)

0800-1800 Mock Trials (RPs available as witnesses.)

0800-1800

0800-1800

4.1.1. Learn witness role. Witness roles will be provided to the Contractor 4 weeks prior to the beginning of each session. Role players must learn the facts in their role(s) prior to arrival at NJS so that they can act as the witness without the aid of notes. There are 7 witness roles and an average of 12 trials per class. An RP can expect a witness role to look like this:

UNITED STATES v. STEVENS

SITUATION AND REQUIREMENT FOR THE ACCUSED

1. Situation.

a. You are FN Thomas Matthew Stevens, U.S. Navy. You are attached to the USS PEARL HARBOR (LSD 52). You are charged with two orders violation relating to the possession, consumption and distribution of alcohol and two specifications of Article 120 violations. An Article 32 preliminary hearing was properly conducted and the case was referred to trial within the speedy trial parameters. A verbatim transcript of the Article 32 preliminary hearing was not prepared and you did not testify at that the preliminary hearing.

b. You do not desire civilian counsel or an IMC. You want a members trial with an all officer panel. After the court announces finding, there will be no sentencing proceeding (even if you are found guilty).

c. Cooperate fully with your defense counsel. You must not show this statement or read this statement to your DC. However, do not withhold information from your counsel. If asked about a detail not covered in this statement, you are encouraged to make up an answer consistent with the given facts. If you are unsure how you should construct such details, consult your mock trial instructor for advice.

d. Remember, answer questions when asked. Let your DC determine what (s)he believes is or is not important and then let him/her get the information from you. This mock trial is designed to test, in part, how well DC does that.

e. You will insist on taking the stand in your defense.

2. Requirement.

Familiarize yourself with the following facts:

You are a 21yearold Fireman who enlisted on 5 October 20cy2. Your only duty station since boot camp has been the USS PEARL HARBOR (LSD-52). You love being attached to the ship and are currently on deployment with the ARG/MEU. Unfortunately, the PEARL HARBOR had a major engineering casualty and was forced to dock at Yokosuka, JP for two weeks for repair and replenishment. This was alright by you, because you joined the Navy to see the world. You are a big talker and like to think you’re a player, but in reality, you have 3 sisters who have taught you well. You are a member of the SAPR Bystander Intervention team for your ship, which means you give BI training throughout the ship, and you are a part of a group onboard that teaches alternatives to violence to your shipmates.

You and FN Wes Covington are friends. Whenever you pull into port, he is often your liberty buddy. You trust him and consider him to be pretty honest. On 5 January, you were talking to some people about where to go and what to do in Yokosuka. MM2 Chris Short overheard you talking and came over and gave you some tips of where to go and what to see. He also told you that since there is a curfew, that most people end up at the E-Club, including lots of girls. He said that he was going to be there that night, and you thought it would be a great idea to go.

After you got off the ship, you went to the NEX to get snacks. You decided to buy a bottle of Jack Daniels too…just in case. You put the bottle in the backpack that you carry with you. Then you and Covington left to go sightseeing. Throughout the day, Covington was using the backpack to put his snacks and souvenirs in. You don’t remember specifically telling him that he could use the backpack, but since the beginning of deployment, he’s always put his stuff in the backpack and you have never told him he couldn’t use it.

After a day sightseeing with Covington and having dinner in Yokohama, you both head back to the base around 1930. You get to the E-club around 2030. You went straight to the bar. You saw SN Joan Taylor standing a little ways away by herself. Being the smooth talker that you are, you went up to her started a conversation. She was very cute and funny. You even became facebook friends with her that night. Covington came over, and you introduced SN Taylor to him. You noticed that she didn’t have a “21+” wristband, so you told her you would buy her a drink. She told you she liked to drink vodka cranberry cocktails. So you went to the bar. MM2 Short came up to you while you were waiting and told you that you should avoid hanging out with Taylor because she was crazy. He told you that he had slept with her a few weeks earlier, and had gone crazy on him begging him not to tell anyone because she was engaged. He also told you that she had slept with lots of guys and it was best to try to hit on another girl.

You didn’t care, you just wanted to score, even if she was crazy, so you continued to buy her drinks throughout the night. You can’t remember. You were drinking too. You had at least 4 or 5 Jack & Cokes. You do remember that you both danced together and she was flirting and kissing you. You do remember meeting one of her friends, Linda Adams. Linda came up to you and SN Taylor, and said everyone was going back to her room, because it was almost midnight. SN Taylor said that you should go back to the BEQ and, not one to refuse a lady’s invitation, you said you were definitely going. Covington walked to the BEQ with the group.

SN Taylor seemed a little drunk, but you were a little intoxicated too. So, you didn’t think much of it. She seemed really into you. After you got to Adams room, you were there for about hour talking to Taylor. She put her hand on your arm and around your waist several times throughout that time. She said that she wasn’t feeling well. Adams had come over to talk to her, and Taylor said she was ready to go. You offered to take her back to her room since she said it was just down the hallway. You thought it was the gentlemanly thing to do, and anyway, she told her friend, Linda, that she wanted you to walk her to her room because you were so strong and could “protect” her if she needed it. As you were walking her back to her door, Taylor was hanging onto you and giggling all the way. She pretended like she couldn’t get her key card in the door, and she asked you to help her. She walked into the room, and acted as if you should follow her in. She seemed like she was okay and not too drunk. You pulled out the Jack Daniels bottle from your backpack and asked her if she’d like to do a couple of shots. She said yes, and you both proceeded to do a couple of shots. She then suddenly left and went to the bathroom. When she came out, she sat on the bed next to you, and you both began to make out. She didn’t seem to have a problem with it when you took off your pants and put on a condom. You always carry condoms with you just in case, and you were happy you did, especially after MM2 Short told you about all the guys she had slept with. Suddenly, in the middle of having sex, she started freaking out on you, pushed you and telling you it was a mistake and that she was engaged, even though she wasn’t wearing a ring. You stopped immediately, and she ran to the bathroom.

You sat on the bed of about 10 minutes wondering if she was going to come out of the bathroom and what to do. You decided you should probably go, so you put on your clothes, picked up your backpack and headed back to the ship.

The next thing you remember is Covington waking you up the next morning to ask what happened and you told him you didn’t want to talk about it. You were feeling a little hung over from the night before. He asked you what you were going to do that day since you had liberty, and you said that you were probably just going to hang out around base. You got a Facebook message from SN Taylor asking about what happened and why you thought it was okay to have sex. You were confused, but thought she was upset because she was engaged and didn’t want anyone to find out. So, you replied back that you were sorry about what happened and hoped that she was okay.

You got back to the ship around 1700. You heard about the health and comfort inspection and Covington mentioned that a NCIS agent had been looking around. A few days later, before the ship was about to leave, SA Ashburn came onboard and you were ordered to go speak with him. You were a little surprised by this order, but you met with SA Ashburn and wrote a statement for him on 9 January.

Ashburn told you that you were suspected of rape and you gave him the full gouge as to what happened that night after waiving your rights. He never said anything about you being suspected of any orders violations, underage drinking or anything like that. You can't remember if he brought up your drinking alcohol that night or if you did. It was most likely you who brought up the fact that you were drinking that night because you wanted him to get the full picture.

In talking with your attorney, you will initially, in accordance with your statement, deny knowing anything about the Jack Daniels bottle or drinking from it that night. However, if your attorney continues to confront you on the issue, i.e. her statement and where the bottle was found, you will admit that it is your bottle and you and SN Taylor drank at least a shot a piece from the bottle. You lied about it to SA Ashburn because you knew you could get in big trouble for having alcohol on the ship.

I, FN Thomas Stevens, make the following free and voluntary statement to Richard Ashburn, whom I know to be a Special Agent with the United States Criminal Investigative Service. I make this statement of my own free will and without any threats made to me or promises extended.

I am a 21 year-old Fireman stationed on the USS PEARL HARBOR (LSD-52). I enlisted in October of 20CY2.

I am shocked that SN Taylor would accuse me of rape. She was very flirtatious all night. After we got back to the BEQ, I walked her to her room. She seemed a little drunk, but not that bad. She invited me into her room, and then we started making out and having sex. A few minutes into the intercourse, SN Taylor bugged out on me. She pushed me a little and said that it was not a good idea and that it was a terrible mistake. I rolled off of her and she went into the bathroom and cried. I decided to just go back to the ship when she didn’t come out of the bathroom.

I don’t know anything about the Jack Daniels bottle found on the ship. It is not mine and I have never seen it before. SN Taylor and I did not drink beer or Jack Daniels in her room that night.

Again, I can't believe she is accusing me of rape. This statement is true to the best of my knowledge.

FN Thomas Stevens

Subscribed and sworn before me this 9th day of January 20cy at NCIS Yokosuka, JP.

Richard Ashburn

SA NCIS

By authority of SECNAVINST 5520.1B

4.1.2 In-person and telephonic/ email interview. RPs will be interviewed in person for the students’ preparation for the mock trial evolution. RPs must also be available to conduct follow-on interviews as students prepare their questions and arguments for the mock trials.

4.1.3 Witness role during the small group practical preparation sessions. BLC students have a series of small group practical exercises/ preparation sessions. Small groups are led by NJS instructors and include general strategy instructions as well as practice direct and cross examination exercises. RPs must be available to serve as witnesses during these sessions.

4.1.4 Witness role during mock trials. The culminating event is a mock trial. Students serve as trial counsel (prosecutors) or defense counsel (defense attorney) in the mock trial setting. This includes a contested mock trial as well as a mock motions hearing. RPs will play witnesses during these sessions.

4.1.5 Video recording. Military justice is a core competency and primary mission for judge advocates. Performance of primary trial advocacy skills, such as questioning techniques, witness control, and persuasive presentation, will be simulated during student preparation and the mock trial. Use of video recording allows students to target and see improved performance with the guidance of military justice instructors. RPs may be recorded ancillary to recording student performance during preparation for and in the mock trial. Video content captured by NJS will only be used for educational purposes with individual students and will not be distributed to any person or entity outside of NJS. Videos will not be utilized for internal instructor training at NJS. Videos will not be provided to the contractor or RPs. RPs will be required to sign the Naval Legal Service Command Photo/Video Talent Authorization, Release and Agreement included as Technical Exhibit 3.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Performance.

Performance for NJS BLC students, POC NJS Designee of Military Justice Department Head

Performance.

Performance for NJS BLC students, POC NJS Designee of Military Justice Department Head

Performance.

Performance for NJS BLC students, POC NJS Designee of Military Justice Department Head

TECHNICAL EXHIBIT 3

Office of Judge Advocate General Commander, Naval Legal Service Command Photo/Video Talent Authorization, Release and Agreement

I,__________________________________, hereby give and grant to the United States Navy, (hereinafter referred to as “Navy”), and those acting with and under their permission to record my voice and other sounds of mine, or to substitute another’s voice for mine, and to photograph me through electronic and/or digital videotape/still photography to record my presence and/or performance, to use, reuse, publish, re-publish, display, adapt, exhibit, reproduce, edit, alter, modify, make derivative works, distribute, publish, republish, otherwise use, and copyright (including but not limited to copyright of commissioned or contracted work) any such voice, sounds, photographs, videos, and/or performances in which I may be included (hereinafter referred to as “MEDIA”), in whole or in part, composite or distorted in character or form, without restriction as to changes or alterations in the MEDIA whether previous, concurrent or subsequent to the date of this Agreement, reproduction in color, sound, or otherwise, made through any and all media now or hereafter known, for any purpose whatsoever, including, but not limited to, advertising, publicity, informational or training purposes. I understand that any publicity that I might receive as a result of the first use of my name, voice or likeness shall be adequate consideration for this authorization.

I hereby waive any right that I may have to inspect or approve the MEDIA or the materials to which they may be incorporated or any use whatsoever with which they may be associated.

I hereby release and discharge the Navy from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite from, whether intentional or otherwise, that may exist in the MEDIA or in any publications thereof.

I understand and agree that this Authorization, Release and Agreement shall be effective forever from the date hereof and shall be applicable throughout the world.

This agreement shall be binding upon me and my heirs, legal representatives, and assigns.

I hereby warrant that I am full age* and have every right to contract in my own name in execution of this Authorization, Release and Agreement. I state further that I have read this Authorization, Release and Agreement in its entirety prior to my execution hereof, and that I am fully familiar with and in agreement with the contents hereof.

BY: Name: _____________________________________________________

Address: ___________________________________________________

Signature: _________________________ Date: ____________________

*I hereby certify that I am eighteen years of age or over or have reached the age of majority under the laws of the jurisdiction within which I am domiciled. If I have not reached the age of majority, this release must be signed by a parent or guardian.

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