ATTACHMENT NO ONE SOW Trial Atty Skills Training - .docx

STATEMENT OF WORK

LITIGATION SKILLS TRAINING

EEOC has an annual requirement for practical litigation skills training for its trial attorneys. To provide for this need, EEOC seeks to establish a firm fixed-price contract for the development and implementation of practical skills training.

1. GENERAL INFORMATION

The Equal Employment Opportunity Commission (EEOC) is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights of 1964 (“Title VII”), as amended. The work described in this statement is to be performed for the EEOC’s Office of General Counsel.

2. PURPOSE OF WORK

The purpose of this procurement is to obtain continuing legal education for the progressive improvement of litigation and trial advocacy skills for EEOC attorneys. Given the broad scope of EEOC’s responsibilities in providing litigation services, the training covered by this SOW will include the full range of trial advocacy and deposition skills. This includes skills in taking and defending both lay witness and expert witness depositions, as well as handling remote depositions.

3. SERVICES TO BE PERFORMED

The Contractor shall develop and provide training to enhance the skills and abilities of EEOC’s trial attorneys to litigate employment discrimination cases. The training shall include virtual, custom training courses developed for and in consultation with EEOC. The Contractor shall provide products, services, and any equipment/materials required to successfully perform and deliver the work defined in this SOW.

All courses will include lecture, discussion, hands-on experiences, and performance-based reviews by subject matter experts (Faculty). EEOC participants will come to the training courses with varying levels of experience. The training courses should allow for open discussion in which EEOC participants can share their various experiences, litigation strategies and, thus, effectively cross-train colleagues by building on collective knowledge and best litigation practices across EEOC’s litigation program.

For the custom training courses the Contractor develops, the Contractor shall provide litigation case files that simulate real-world deposition and trial preparation materials, the facts of which all participants would be expected to have mastered prior to attending the training courses. The curricula should relate to an employment discrimination case. The curricula should be designed with the expectation that participating attorneys will arrive prepared to take and defend depositions and conduct a trial in a challenging, yet non-threatening, environment. The hands-on, practical exercise curriculum with expert feedback will assist EEOC in attaining the professional development goal of sharpening litigation skills of EEOC attorneys. The Contractor shall submit draft materials to EEOC for review. EEOC will review such draft materials within two weeks of receipt and will then provide written comments to the Contractor. The Contractor will have at least two weeks from receipt of EEOC’s comments to finalize the training materials.

For these custom training courses, EEOC is expected to provide a corresponding Class Mentor for each contractor faculty. The Class Mentors are senior OGC attorneys who have experience in litigation. Class Mentors will facilitate completion of logistical arrangements prior to the course, including distribution of course materials to EEOC participants, and assigning EEOC participants to small group/teams (Plaintiff or Defendant). During the training, the Class Mentors will provide critiques and evaluation of EEOC participant performances and act as a liaison between the Contractor-provided Faculty trainers and EEOC participants. The Class Mentors will be present for the duration of each course.

4. METHOD & APPROACH

The contractor will be asked to develop custom training to groups of attorneys on the topics of trial advocacy and deposition skills, and to provide training via an online meeting platform.

All trial advocacy training and deposition skills training covered by this SOW shall be provided by trial advocacy training staff with a Juris Doctor (J.D.) degree from a law school accredited by the American Bar Association (ABA), admission in one or more state bars, and minimum experience of 10 years, of which 5 years are in a teaching environment. The teaching experience required of staff providing the services in the SOW need not be based on full-time teaching.

5. PERIOD OF PERFORMANCE

The period of performance will be from date of award through 12 months.

6. DELIVERABLES

The deliverables that the Contractor will be asked to provide/perform, in consultation with EEOC personnel, include:

· Development and presentation of two legal training courses (Trial Advocacy and Deposition Skills) that involve interactive seminars and hands-on sessions including case files and other training materials. The custom training course should cover a full range of advocacy skills, including pre-trial preparation such as case analysis, written discovery, taking and defending depositions, and motions practice; courtroom presentation, including opening statements, direct/cross examination of lay and expert witnesses, handling documentary evidence, making and meeting evidentiary objections, and closing arguments.

· Access to customized training courses, as described below.

· The Contractor shall develop these deliverables (i.e., legal products, systems, services, strategies) in accordance with the specified requirements and standards set forth herein. EEOC shall review the above training materials, provide feedback, and approve the final product including length of program, number of attendees, and topics covered.

Description of Custom Training Courses

· Custom Live Online Trial Advocacy Skills Training Course

· 30 Participants

· 16 hours (over 3-4 days)

· Trainers to develop course materials, handle continuing legal education (CLE) processing, and instruct and provide feedback to participants on their hands-on performance of the following skills with a particular mock litigation case, developed by the Contractor in collaboration with experienced OGC attorney-trainers: case analysis and strategy; jury selection; opening statements and closing arguments, direct and cross examination of lay and expert witnesses; introduction of and effective examination of witnesses about exhibits, making evidentiary objections.

· Custom Live Online Deposition Skills Training Course [delivered on two occasions, with two different groups of EEOC participants]

· 18 Participants per course

· 12 hours (over 2-3 days) per course

· Trainers to develop course materials, handle continuing legal education (CLE) processing, and instruct and provide feedback to EEOC participants on their hands-on performance of the following skills with a particular mock litigation case, developed by the Contractor in collaboration with experienced OGC attorney-trainers: case analysis and strategy; taking a deposition (including questioning to exhaust the witness’s knowledge of a subject, introducing and questioning about exhibits, handling objections and instructions not to answer, handing obstreperous opposing counsel, gaining admissions); defending a deposition (preparing a witness, making and objecting to instructions not to answer).

7. GOVERNMENT FURNISHED PROPERTY

Residual property such as, but not restricted to documents, records and reports that EEOC may provide to the Contractor in support of the Contractor’s development of training materials, are the property of the Commission and shall be delivered to the control of the Commission as required by this clause.

8. SOLE PAYEE

This contract is solely between the EEOC and the Contractor. Payment under the contract shall be made by the EEOC only to the Contractor. The EEOC is not liable for any costs incurred by any students, interns, or assistants engaged by the contractor.

9. CONFIDENTIALITY OF INFORMATION

All information supplied to the contractor for the performance of this contract is deemed confidential. Information provided to or gathered by the contractor will be maintained in such a manner as to restrict access to only those individuals who have a legitimate need to see or review the material in order to accomplish the project.

Any information or material provided by the EEOC or gathered or developed by the contractor will be used by the contractor only for the express purposes of performing this contract.

Any and all information described immediately above shall, at the EEOC’s discretion, be returned to the EEOC or destroyed at any time the EEOC determines is appropriate. In no event will the contractor keep any of the information developed or provided by EEOC during the project for his or her own use after the project has ceased. This restriction on maintenance and disposition of the information also applies to any photostatic computerized media, or other copies of material, or any derivative data that may have been created.

The confidentiality of this contract applies equally to any students, interns, assistants, or subcontractors engaged by the contractor.

10. Conflict of Interest Quoters may not employ any person who is an employee of the US government if that employment would, or would appear, to cause a conflict of interest. Quoters must disclose any relevant facts or circumstances that could give rise to an organizational conflict of interest as defined in the FAR Subpart 9.5.

11. Accessibility Quoters must address their ability to deliver accessible training to persons with disabilities and comply with the Americans with Disabilities Act and other applicable laws, rules and regulations governing accessibility. All audiovisual equipment and displays, must be fully accessible to individuals with disabilities in compliance with the Americans with Disabilities Act, as amended.

12. INVOICING

A. Method of Payment Pursuant to FAR Clause 52.232-33, Entitled, “Payment by Electronic Funds Transfer-System for Award Management (Oct. 2018)”, the Government’s method of payment for work authorized is by electronic funds transfer.

B. Invoicing Instructions All invoices must be submitted via a two-stage process, first to the Contracting Officer’s Representative (COR) for approval. The COR for this contract is TBA.

US Equal Employment Opportunity Commission Office of General Counsel 131 M St, NE Washington, DC 20507 After approval by the COR, the vendor must submit the invoice via the U.S. Department of the Treasury’s Invoice Processing Platform (IPP). Upon selection of the Contractor, the EEOC will request the U.S. Department of the Treasury send an electronic invitation to the vendor to participate in IPP. The invitation will be sent to the vendor’s contact information from its registration in the System for Award Management (SAM). It is the contractor’s responsibility to ensure its SAM information is complete and up-to-date. Invoices submitted to the EEOC must utilize the IPP “Bill to Agency” of Interior Business Center – FMD.

The schedule for submitting invoices shall be set by mutual agreement of the Contractor and the Contracting Officer’s Representative. Each invoice shall contain, at a minimum, the following information: the contract/invoice number, description of services, date service performed, total dollar amount, total dollar amount previously billed; and the total dollar amount remaining. The invoice date will be considered to be the date that a proper invoice is received by the payment office.

13. CONTRACT ADMINISTRATION

1. Contracting Officer The “Contracting Officer” is the person authorized to execute the contract on behalf of the Government and any other Government employee who is properly designated Contracting Officer. Notwithstanding any of the provisions of this contract, the Contracting Officer shall be the only individual authorized to redirect the effort or in any way amend or modify any of the terms of the contract.

2. Contracting Officer’s Representative (COR) The Government individual designated at time of the contract award. The person is responsible for guiding the technical aspects of the project and for general surveillance of the work performed. The COR will provide interface between the Government and the contractor and will monitor progress of the project and ascertain, for purposes of approval for payment, that the performance of the contractor is acceptable with respect to content, quality of services and materials. The COR will not be authorized to make commitments or change any contract terms and conditions.

14. AVAILABILITY OF FUNDS

The Government’s obligation under the contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.