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

Statement of Work for Witness/Expert Deposition 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 deposition training.

A core job function of OCC staff attorneys is to represent CBP in administrative hearings, which includes conducting depositions during the discovery process. The training course shall be designed to challenge student participants to sharpen their advocacy skills and learn how to effectively defend and take depositions in the federal administrative labor law context.

II. SCOPE OF WORK

The purpose of this procurement is to obtain continuing legal education for the progressive improvement of deposition skills for OCC attorneys. The training course 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 up to sixteen (16) student participants. CBP is expected to provide two Class Mentors for the training course. The Class Mentors are senior CBP 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 Lecturers 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 shall provide litigation case packets (i.e. the Case Record), after consulting with the Contractor, that simulate real-world trial preparation materials, the facts of which all participants would be expected to have mastered prior to attending the training course. The curricula will be designed with the expectation that participating attorneys will arrive prepared to take depositions 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 deposition skills of OCC attorneys.

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

A. CURRICULUM DESIGN AND DEVELOPMENT

A2.1 The Contractor shall conduct instructional litigation skills training in the deposition setting, which includes a practical exercise component for each student participant in addition to any lecture or discussion of deposition skill topics. Student participants shall learn how to effectively defend and take depositions in the federal administrative labor law context.

A2.2 The Contractor shall provide at least two Faculty Lecturers, each with at least five years’ experience taking and defending expert and lay witness depositions in federal, state or administrative proceedings, or in a combination of forums. At least two Contractor-provided Faculty Lecturers must remain on-site throughout the course. The Contractor-provided Faculty Lecturers shall be expected to teach and discuss different litigation strategies and techniques applicable to complex issues of law and fact, and to teach students to question both expert and lay witnesses. The Contractor-provided Faculty Lecturers shall teach and discuss different questioning techniques, why they are successful, common mistakes, and how to prepare effectively for depositions.

A2.3 OCC, after consulting with the Contractor, shall provide materials to be used for the practical deposition exercise(s) to the designated CBP Class Mentors at least 30 calendar days in advance of the start of the course.

A2.4 A book that supports the deposition training would be similar to the latest edition of The Effective Deposition: Techniques and Strategies That Work by Malone and Hoffman.

A2.5 The Contractor shall provide at least two expert witnesses (actors), who are familiar with the practical deposition exercise(s). The witnesses are actors whose role is to answer questions from student participants during depositions and meet with student participants in small groups to prepare for taking and defending depositions. The purpose of the expert witness actors is to enhance the experiential preparation and performance by student participants. The expert witnesses shall be present on site for a period of at least eight hours during the training.

A2.6 The Contractor shall certify course completion and verify attendance for state continuing legal education reporting. The Contractor shall conduct post-training 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 Lecturers shall guide group discussions.

B2.3 Each deposition student participant shall receive group feedback from the Contractor-provided Faculty Lecturers and the two CBP Class Mentors.

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 training course under this contract vehicle to begin no sooner than May 2025.

V. TRAINING MATERIALS

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

5.2 The deposition course materials shall enable student participants to prepare for deposition skills exercises prior to the start of the course. OCC shall provide, electronically, all course materials that will be used for the practical deposition exercise(s) to the designated Class Mentors at least 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.