2_PWS_Expert Witness_Dr. Eller.pdf

Defense Expert Consultant in United States v. SPC Wilson

Initial Preparation date: 10 April 2024

Revision Number: 0

Current Date: 10 April 2024

Preparing Organization:

Office of the Staff Judge Advocate, 3d Infantry Division and Fort Stewart, Georgia

1. Introduction and Background. SPC Wilson allegedly shot and killed another soldier on Fort Stewart.

2. Scope. Mr. Eller would review the investigation file to include, but not be limited to, the extractions of SPC Wilson’s phone, and documentation provided in discovery such as witness interviews and law enforcement records. Furthermore, Mr. Eller will assist the defense team by consulting with counsel to prepare for pretrial interviews, review notes of pretrial interviews, prepare for motions hearings, prepare cross-examination and direct examination questions for both government and defense witnesses, and, if necessary and appropriate at trial, provide expert testimony.

Services will be limited to 60 hours of pretrial preparation of case information at $350.00 per hour for a total of $21,000.00, ten days of trial consultation and two days for travel at $3,200.00 per day, digital forensic extraction of at least six electronic devices for a total of $28,000.00, and travel expenses at $1,500.00 as approved by the Senior Commander for a combine total of $64,000.00.

Period of Performance 29 April 2024 to 28 April 2025

UEID: QL96HMLNH8Y3 CAGE Code: 89K42

3. Technical Requirements. Evidence review and consultation are required in United States v. SPC Shay Wilson

4. Administrative Requirements.

Place of Work and Work Hours. Consultation will be performed by the contractor telephonically, by email, and in person prior to trial. The Contractor's place of duty for trial will be in a standard office environment located at the courtroom, Fort Stewart, GA. Trial attendance, evidence review, and case analysis will not exceed $64,000.00.

Access to Protected Information. If, during the performance of this procurement, contractor personnel obtain access by any means to protected information, including, but not limited to, trade secrets or proprietary information of other contractors, Government source selection information, Privacy Act information, or any other information with distribution limited by the Government, contractor personnel shall in no way divulge any such information except as it relates to the performance of this procurement within ESTA itself, or shall not otherwise use or disclose this information for their personnel gain, the gain of their employer, or the gain of anyone else. The Contractor shall notify the Contracting Officer of any potential organizational conflicts of interest created by any such access. However, a nondisclosure agreement will not overcome an Organizational Conflict of Interest (OCI) as defined in FAR part 9.5. Moreover, compliance with the Trade Secrets Act requires the consent of the owner of the proprietary information before another non-federal entity may be allowed access to such information. Accordingly, all Government contractors are required to mark their proprietary information and any time the Contractor is given access to such marked information it is incumbent upon the Contractor to inform the Contracting Officer of the access. Contractor personnel will ordinarily be required to sign a nondisclosure agreement before starting work under the contract. Failure to comply with this clause shall be deemed adequate cause for the removal of a contractor employee from employment with the Contractor. The Contractor’s employment contracts with their employees shall include a provision to provide for the removal under these conditions.

Accounting for Contractor Support. The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor shall report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor is required to completely fill in all the information in the format using the following web address https://contractormanpower.army.pentagon.mil The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer's (Technical) Representative; (2) Contract number, including task or delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors; (6) Estimated direct labor dollars paid this reporting period (including sub-contractors); (7) Total payments (including sub-contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where the contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor shall also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each Government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor's systems to the secure web site without the need for separate data entries for each required data element at the web https://contractormanpower.army.pentagon.mil/ site. The specific formats for the XML direct transfer may be downloaded from the web site.

Personnel Qualifications. The Contractor shall retain personnel with management and technical knowledge, skills, abilities, expertise, training and experience needed to accomplish performance of work under this contract.

Contractor employees working under this contract shall be able to fluently speak, read, understand and write the English language. The Contractor shall maintain records of employees’ qualifications, certifications and licenses. Contractor personnel must meet the conditions contained in AR 25-2 and AR 380-67 in relationship to obtaining access to Automated Information Systems (AIS) processing of classified information to fulfill their duties.