Attachment A -Statement of Work-ATA-1.pdf

Statement of Work for Advanced Trial Advocacy Training

U.S. Customs and Border Protection – Office of the Chief Counsel

I. OBJECTIVE/PURPOSE

The U.S. Customs and Border Protection (CBP) Office of Chief Counsel (OCC) has a recurring annual requirement for practical skills training for its staff attorneys. To provide for this recurring need, OCC seeks to establish a purchase order for advanced trial advocacy training.

A core job function of OCC staff attorneys is to represent CBP in administrative hearings. The training program should focus on advancing the attorneys’ trial skills in a simulated courtroom setting. The training program shall be designed to equip OCC attorneys to provide the CBP client with the highest quality of administrative advocacy and trial representation through all phases of litigation from opening statement to closing argument; and shall utilize a comprehensive curriculum that challenges student participants to sharpen their advocacy skills, with emphasis on learning by doing.

II. SCOPE OF WORK

The purpose of this procurement is to obtain continuing legal education for the progressive improvement of trial advocacy skills for OCC attorneys. The program shall be conducted over three consecutive days: Tuesday through Thursday between the hours of 8 a.m. and 6 p.m. at a designated training location provided by OCC.

The course is expected to have eight (8) student participants. CBP is expected to provide two Class Mentors for the training course. The Class Mentors are OCC senior attorneys who have experience in litigation. Class Mentors will facilitate completion of logistical arrangements prior to the course, including group transportation, lodging and rental car assignments, distribution of course materials to student participants, and assigning student participants to small group/teams (Plaintiff or Defendant). During the training, the Class Mentors will provide critiques and evaluation of student participant performances and act as a liaison between the Contractor-provided Faculty Lecturer and student participants. The Class Mentors will be present for the duration of the course. In order to most efficiently facilitate litigation role play, it is anticipated that the same Class Mentors will be assigned for the term of the contract.

OCC will provide litigation case packets that simulate real-world trial preparation materials, the facts of which all participants would be expected to have mastered prior to attending the training program. The curricula will be designed with the expectation that participating attorneys will arrive prepared to conduct a trial in a challenging, yet non-threatening, environment. The hands-on, practical exercise curriculum with expert feedback will assist OCC in attaining the professional development goal of sharpening even the best litigation skills of OCC attorneys.

The course should include lecture, discussion and performance-based reviews by subject matter experts (Contractor/Faculty Lecturer) for OCC attorneys who seek to participate in a hands-on course to increase their effectiveness in all aspects of litigation. Student participants will come to the training programs with varying levels of experience. The curriculum should allow for open discussion in which student participants can share their various experiences, litigation strategies and, thus, effectively cross-train colleagues by building on collective knowledge and best litigation practices across OCC.

OCC attorneys will have a minimum of three to five years trial/litigation experience. Preference is given to OCC staff attorneys based on seniority, although previous (including non-governmental) litigation experience is considered in student participant selection. The student participant mix should provide networking opportunities for OCC attorneys from various regions. Upon completion of the training, student participants are expected to have improved their litigation skills.

A. ADVANCED TRIAL ADVOCACY – CURRICULUM DESIGN AND DEVELOPMENT

A2.1 OCC will deliver a trial advocacy case study in consultation with the Contractor for a civil trial that will form the basis of faculty lectures, demonstrations, workshops and student participant courtroom performances. The Contractor will develop a curriculum based on the case study. The curriculum should integrate a mixture of the following program learning elements:

- Classroom instruction

- Individual and group activities

- Faculty courtroom demonstrations

- Video recorded student participant courtroom performances

- Mentor/Faculty group feedback on student participant performances

- Mentor/Faculty one-on-one assessments of student participant video recorded performances

- Other assessments which enhance student participant understanding of advanced trial advocacy concepts.

For all elements, the greatest emphasis should be placed on experiential learning in an administrative law environment.

A2.2 The Contractor shall provide one (1) Faculty Lecturer with at least five years’ experience litigating cases in federal or state court, or administrative proceedings, or in a combination of forums. The Contractor-provided Faculty Lecturer shall provide lectures (with handouts) on the critical components of trial advocacy: Opening and Closing Statements; Direct and Cross Examination; Evidentiary Foundations; Impeachment; Effective Use of Exhibits; and Preparation of Expert Witnesses. The Faculty Lecturer shall moderate, minimally, a 60-minute discussion on ethics of witness preparation with student participants and Class Mentors. The discussion should involve all participants and generate best practices from ethical problems unique to OCC attorneys.

A2.3 The Contractor shall provide two expert witnesses (actors) who are familiar with the case study and will act in the witness role (Plaintiff or Defendant) assigned by the Faculty Lecturer.

The role of the expert witnesses is to answer questions from student participants during direct and cross examinations; meet with student participants in small groups to prepare for classroom litigation; and provide feedback to student participants during small group witness preparation sessions. The purpose of the expert witness actors is to enhance the experiential preparation and performance by student participants. The expert witnesses shall be present throughout the third (final) day of training.

A2.4 The Contractor shall certify course completion and verify Ethics training (one hour) for state continuing legal education reporting. The Contractor shall conduct post-training student participant course evaluations to be shared with CBP.

B. CURRICULUM DELIVERY

B2.1 CBP Class Mentors will pre-assign student participants to small groups representing either Plaintiff or Defendant. Student participants will work as a team/law firm on all course aspects.

Review of the entire Case Record is critical to optimal course effectiveness.

B2.2 Each student participant is responsible for knowing the entire case scenario, although individual performances may involve only a particular aspect of the case. The Contractor-provided Faculty Lecturer shall guide group discussions. The Contractor-provided Faculty Lecturer and CBP Class Mentors shall provide critiques of student participants’ live and video recorded performances.

B2.3 Each trial advocacy student participant shall be video recorded for a minimum of two trial components and shall also receive one-on-one feedback from the Contractor-provided Faculty Lecturer and/or Mentor.

III. PLACE OF PERFORMANCE

The training location shall be within the contiguous United States and within a two-hour drive of an international airport. The training location may change at CBP’s discretion but will always be within the contiguous United States and within a two-hour drive of and international airport.

Travel costs shall be in accordance with FAR Part 31.205-46.

IV. PERIOD OF PERFORMANCE

The period of performance shall be one base year and up to four one-year options with optional CLINs for option years 1, 2, 3, and 4.

Exact course dates will be established in the purchase order. CBP has previously held these trainings during the months of June and July, but CBP has not yet determined future dates.

However, CBP anticipates the first advanced trial advocacy training under this contract vehicle to begin no sooner than May 2025.

V. TRAINING MATERIALS

5.1 OCC will provide all course materials after consulting with the Contractor, including, but not limited to, materials necessary to prepare for practical exercises.

5.2 The course materials for advanced trial advocacy shall be in the form of a case study, to include all materials required for litigation (including Complaint, Answer, Case Summary, Depositions, Exhibits, and Special Impeachment and Exhibit Problems). OCC will provide, electronically, materials that will be used for the practical trial advocacy exercise(s) to the designated Class Mentors 30 calendar days in advance of the start of the course.

VI. FACILITY AND EQUIPMENT REQUIREMENTS

The training site, which will be provided by OCC, will have at least one classroom with audio visual projection capability, including Microsoft applications; two easels, two white boards, markers, erasers; and two breakout rooms.

V. TRAINING MATERIALS