1.03 PWS TRIAL ROLE PLAYER (NJS MJOC VLC).pdf

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) trial advocacy training for the Basic Lawyer Course

(BLC), Military Justice Orientation Course (MJOC), and Victims’ Legal Counsel (VLC)

Certification Course, . This training requires the employment of RPs to serve as witnesses and victims for mock trial advocacy 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 trial advocacy 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 beginner and intermediate Coast Guard, Marine Corps, and

Navy attorneys during its Basic Lawyer Course (BLC), Military Justice Orientation Course (MJOC), and

Victims’ Legal Counsel Certification Course (VLC Course). These courses each include a series of trial advocacy vignettes where students will practice working with clients, examining witnesses, and performing related advocacy skills. The contract would provide for professional actors/RPs to assume the roles of the victims and witnesses for select blocks of each course

1.3 Objectives:

1.3.1. To learn mock witness roles for the assigned course

1.3.2. To conduct interviews with NJS students during mock client interview and trial advocacy exercises.

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

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

1.4 Scope: Services shall include role players learning the roles for the client interview and trial advocacy exercises, communicating/conducting interviews (in-person and via telephone and email) with students for interviews prior to the trial advocacy exercises. This also includes playing the witness roles during practice sessions. In-person communication is preferred with telephone or video chat as the primary backup. The intent is that all interviews occur in person, and there is time built into the schedule for that.

Actors may be required to learn and perform more than one role during the period of performance.

The amount of role players needed are as follows:

1.4.1 Basic Lawyer Course (BLC): 14 role players

1.4.2 MJOC: Eight role players

1.4.3 Victims Legal Counsel (VLC) Certification Course: Six role players

1.5 Period of Performance: The contractor shall provide role players for each class at distinct time periods that coincide with the course agenda (subject to change). , (subject to change) The tentative dates of performance areas follows:

1.5.1 BLC

Each RP iteration is three (3) weeks, four-five days per week/30 hours per week (6-8 hours/day):

14 Mar-1 April2022, 27 June-15 July 2022, and

17 Oct-4 Nov 2022

1.5.2 MJOC

Each RP iteration will be five days (1) one week/30 hours per week (6-8 hours/day)

*Week of 8-12 Nov - 1-2 hour performance

15-19 Nov 2021, 11-15 April 2022, and

25-29 July 2022,

1.5.3 VLC Certification course

25, 28, and 29 April 2022, 3 days/18 hours (no more than 6 hours/day)

The hours of performance on those dates will be, at most, from 0800-1630, with a one hour lunch break from 1200-1300.

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:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Juneteenth

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of

0800 and 1630 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. If COVID mitigation measures are still being utilized during the periods of performance, all RPs must be able to satisfy building entry screening measures in place at the time.

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, Contracting Officer

Representative (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 notify 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.

1.7 Method of Payment

Payment will be rendered via Government Purchase Card following submittal of invoices for services rendered.

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 trial advocacy 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 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 all 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 MJOC trial advocacy evolution, twice during this contract. RPs will need to be onboard NJS approximately 40 hours a week for one week 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 trial advocacy evolution.

Typical Schedule is as follows. Schedule may vary to include a greater number of half days vice a lesser number of full days within the identified performance period.

Monday Tuesday Wednesday

0800-1200

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

1300-1630

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

Trial Advocacy Vignettes (RPs available for interviews/ other prep) available for interviews/ other prep) available as witnesses.)

Thursday Friday

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 an average of 6 witness roles and an average of 6 trial advocacy groups per class. An RP can expect a witness role to look like this1:

UNITED STATES v. STEVENS

SITUATION AND REQUIREMENT FOR THE ACCUSED

1 The sample role comes from the Basic Lawyer Course mock trial fact pattern. While this role is representative of roles that actors can expect to perform under this contract, the MJOC fact pattern is currently under development and will contain original and unique roles.

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 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 trial advocacy exercise 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 21-year-old Fireman who enlisted on 5 October 20cy-2. 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.

STATEMENT PLACE: NCIS YOKOSUKA

DATE: 9 JANUARY 20CY

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

20CY-2.

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 for the students’ preparation for the trial advocacy evolution and must also be available to conduct follow-on interviews as students prepare their questions and arguments for the trial advocacy exercises.

4.1.3 Witness role during the small group practical preparation sessions. MJOC students have a series of small group practical exercises/ preparation sessions. Small groups are led by NJS and Military Justice

SME 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 trial advocacy vignettes. The culminating event is a mock trial broken into a series of advocacy vignettes. Students serve as trial counsel (prosecutors) or defense counsel (defense attorney) through these advocacy vignettes. 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 trial advocacy exercises.

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 during the advocacy exercises. 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

Deliverable Frequency Medium/Format Submit To

The contractor shall provide role players who shall learn witness roles.

Seven times per year based on NJS course schedule

Performance.

Performance for

NJS students, POC NJS

Designee of

Military Justice

Department Head

The contractor shall provide role players who shall be interviewed in person by students in preparation of trial advocacy exercises, and shall be available for telephonic and email communication with students. The

RPs shall be available to practice exercises with the students.

Seven times per year based on NJS

POC NJS

Designee of

Military Justice

Department Head

The contractor shall provide role players who shall play the witness roles during the trial advocacy evolutions.

Seven times per year based on NJS

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.