4.0 Solicitation Amendment N0018921Q0544-0001.pdf

N6832322RC00003

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to

1. Extend the deadline date.

2. Update the Performance Work Statement (PWS)

3. Update the CLIN description

4. Incorporate attachments

5. Incorporate FAR 52.222-41 and FAR 52.222-42.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 16

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 26-Oct-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X N0018921Q0544

X 9B. DATED (SEE ITEM 11)

21-Oct-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

26-Oct-2021

CODE

NAVSUP FLC NORFOLK CONTRACTING

NORFOLK OFFICE

ATTN: J SINGLETON

1968 GILBERT ST SUITE 600

NORFOLK VA 23511-3392

N00189 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0018921Q0544

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 27-Oct-2021 11:00 AM to 01-Nov-2021 11:00 AM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

in accordance with the ecnlosed Performance Work Statement (PWS).

To:

Three (3) iterations in accordance with the ecnlosed Performance Work Statement (PWS) Section 1.5 for the period of performance 8 November 2021 through 7 November 2022.

The following have been added by reference:

52.222-41 Service Contract Labor Standards AUG 2018

The following have been added by full text:

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

Labor Category Monetry Wage Fringe Benefit Technical Instructor GS-9/Step 1 35.3%

(End of clause)

The following have been modified:

ATTACHMENTS

Attachment 1 - Past Performance Information Form Attachment 2 - Wage Determination No.: 2015-4089, Revision No.: 17, Date Of Last Revision: 10/20/2021

PWS

Trial Role Player Support (NJS)

Part 1 General Information

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, April 2022

27 June-15, July 2022.

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 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

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 Wednseday 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.)

0800-1200 Trial Advocacy Vignettes (RPs available for interviews/ other prep)

1300-1630 Trial Advocacy Vignettes (RPs available for interviews/ other prep)

0800-1200 Trial Advocacy Vignettes (RPs available as witnesses.)

1300-1630 Trial Advocacy Vignettes (RPs available as witnesses.)

Thursday Friday 0800-1200 Trial Advocacy Vignettes (RPs available as witnesses.)

1300-1630 Trial Advocacy Vignettes (RPs available as witnesses.)

0800-1200 Trial Advocacy Vignettes (RPs available as witnesses.)

1300-1630 Trial Advocacy Vignettes (RPs available as witnesses

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

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.

Designee of Military

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

Designee of Military

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.

“Services Contract Reporting (SCR) requirements apply to this contract. The contractor shall report required SCR data fields using the SCR section of the System for Award Management (SAM) at following web address: https://sam.gov/SAM/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://sam.gov/SAM/.”

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (JUN 2020) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

____ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XX (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

XX (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or…