Deposition and Advanced Trial Advocacy Training

Draft Statement of Work for Deposition and Advanced Trial Advocacy Training U.S. Customs and Border Protection - Office of the Chief Counsel This is a market survey / sources sought for informational purposes only an shall not be construed as a Request for Quote for Proposal. Currently, there is no solicitation document available; no contract will be awarded based on this announcement; no reimbursement will be made for costs associated with responding to this announcement, and no telephone calls about this procurement will be accepted. Contractors are responsible for all costs for submitting their capability packages. Any questions concerning this notice shall be submitted via email to the Point of Contact, Sharron White, e-mail: Sharron.White@cbp.dhs.gov before Friday February 2, 2024 at 1:00 p.m. EST. The NAICS code is 61143. Please respond to Attachment 1- Market Research Questionnaire and send no more than five pages of your capability statement by Monday February 26, 2024 at 1:00 p.m. EST to e-mail: Sharron.White@cbp.dhs.gov. 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 single-award indefinite delivery, indefinite quantity (ID/IQ) contract against which firm, fixed price task orders will be placed periodically for practical skills training. A core job function of OCC staff attorneys is to represent CBP in administrative hearings, which includes conducting depositions during the discovery process. OCC requires a contractor to conduct two distinct training programs for OCC staff attorneys. One training program should focus on advancing the attorneys deposition skills. The second training program should focus on advancing the attorneys trial advocacy skills. The training programs shall be designed to achieve dual objectives: first, equipping OCC attorneys to provide the CBP client with the highest quality of administrative advocacy and trial representation including deposition and trial presentation; and, second, presenting a comprehensive curriculum that challenges student participants to sharpen their advocacy skills and learn how to effectively defend and take depositions in the federal administrative labor law context. The two training programs are independent of each other and are not considered prerequisites of one another. OCC attorneys may attend either or both of these training programs. SCOPE OF WORK The purpose of this procurement is to obtain continuing legal education for the progressive improvement of deposition and 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. Each course is expected to have up to sixteen (16) student participants. CBP is expected to provide two Class Mentors for each training course. The Class Mentors are 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 Lecturers and student participants. The Class Mentors shall 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. The Contractor shall 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 should be designed with the expectation that participating attorneys will arrive prepared to take depositions and 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 and deposition skills of OCC attorneys. The two courses should include lecture, discussion and performance-based reviews by subject matter experts (Faculty Lecturers) 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 and/or deposition skills. DEPOSITION TRAINING - 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 in the civil liability context. 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 The Contractor shall provide materials to be used for the practical deposition exercise(s) to the designated CBP Class Mentors 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 education reporting. The Contractor shall conduct post-training participant course evaluations to be shared with CBP. ADVANCED TRIAL ADVOCACY - CURRICULUM DESIGN AND DEVELOPMENT B2.1 The Contractor shall deliver a trial advocacy case study in consultation with CBP for a civil trial that will form the basis of faculty lectures, demonstrations, workshops and student participant courtroom performances. The curriculum should integrate a mixture of the following program learning elements: Classroom instruction Individual and group activities Faculty courtroom demonstrations Videorecorded student participant courtroom performances Mentor/Faculty group feedback on student participant performances Mentor/Faculty one-on-one assessments of student participant videorecorded 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. B2.2 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. B2.3 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. B2.4 The Contractor shall certify course completion and verify Ethics training (one hour) for state continuing education reporting. The Contractor shall conduct post-training student participant course evaluations to be shared with CBP. CURRICULUM DELIVERY C2.1 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. C2.2 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 performances group discussions. The Contractor-provided Faculty Lecturer and CBP Class Mentors shall provide critiques of student participants live and video recorded. C2.3 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. C2.4 Each deposition student participant shall receive group feedback from the Contractor- provided Faculty Lecturer and the two CBP Class Mentors. PLACE OF PERFORMANCE The training location shall be within the contiguous United States and within a two-hour drive of an international airport. For all elements, the greatest emphasis should be placed on experiential learning in an administrative law environment. TERM OF CONTRACT The IDIQ contract shall have an effective period of five (5) years from date of award. Exact course dates will be set out at the task order level. 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 2024 and the first deposition training to begin no sooner than May 2024. TRAINING MATERIALS 4.1 The Contractor shall provide all course materials, including, but not limited to, materials necessary to prepare for practical exercises. 4.2 The deposition course materials shall enable student participants to prepare for deposition skills exercises prior to the start of the course. The Contractor shall provide, electronically, all course materials that will be used for the practical deposition exercise(s) to the designated Class Mentors 30 calendar days in advance of the start of the course. 4.3 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, Jury Instructions, and Special Impeachment and Exhibit Problems). The Contractor shall 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 and two breakout rooms. The Contractor shall provide all necessary supplies and equipment, Microsoft applications, and technical support for the CBP Class Mentors in the performance of this statement of work.