DOJ contract hiring a psychologist as litigative consultant, May 2007

EFTA00187124¶

U.S. Department of Justice¶

RECEIVED¶

Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant or ADR Neutral¶

MAY 04 2007¶

Part I - Request for Services¶

1. Requisition Official (Name & Tel.)

2. Signature of Requesting Official

3. Point of Contact (Name and Tel.)

4. Date of Request 10/26/2006

5. Preparer (Name & Tel.)

6. Originating Office (Name & Address) USAO WPB 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401

7. Case Name, Court & Gt. Docket No. Operation Leap Year

8. DJ File No./USAO No.

9. Contractor (Name and Tel.) Anna Salter, Ph.D. Telephone:

10. Contractor Mailing Address

11. Contractor TIN or SSN (individual)

12. Contractor Specialty Licensed Psychologist NRHCP

13. Reason for Request (Place an ‘X’ in the applicable Box in the Left Column)

13.a. Expert Testimony on Behalf of U.S.
13.b. Deposition Conducted by DOJ Attorney
13.c. Medical Examination of Plaintiff/Witness/Defendant in Contemplation of Testimony on Behalf of U.S.
13.d. Examination Under 18 USC 4241, Mental Competency to Stand Trial Only
13.e. Dual Purpose Psychiatric Examination (Time of Offense and Competency to Stand Trial) on the motion of:
13.f. ADR Neutral Services
13.g. Litigative Consultant Services
13.h. Other (explain below):

Attach the Statement of Work to this Form¶

14. Negotiated Contractor Rates, Estimated Expenses, and Performance Dates (Note: Expenses incurred must be supported by receipts)

Service/Expense	Performance Dates (From-To)	Hour/Day	Quantity	Rate	Total
14.a. Examine Case					$0.00
14.b. Prepare Testimony					$0.00
14.c. Court Testimony					$0.00
14.d. Deposition					$0.00
14.e. Littigate Consultant/Neutral	05/07/07 - 06/29/07	HOUR	6.00	250.00	$1,500.00
14.f. Per Diem (if not part of fee)	Day				$0.00
14.g. Privately Owned Vehicle (NTE coach rate)	Mile				$0.00
14.h. Common Carrier Transportation Via GTA
14.i. Common Carrier Transportation Reimbursed
14.j. Miscellaneous

14.k. Total Estimated Expenses | $1,500.00 |¶

15. Submit Invoices & EFT Information to: Attn: Procurement Dept. US Attorneys Office 99 NE 4th St, SIAM 3411, Miami, FL 33132 130574

16. Payment will be made by (Place an ‘X’ in the applicable Box and fill-in if not JMD/Finance)

U.S. Department of Justice JMD/Finance Staff Washington, DC 20520-0001¶

2007 MAY - 3 AM 10:56¶

RECEIVED¶

Form OBD-47 (Revised 3-2005)¶

Previous Editions are Obsolete¶

Page 1 of 2¶

EFTA00187125¶

U.S. Department of Justice¶

Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral¶

Contract/Purchase Order No.: 7L-USA-04-0207¶

Part II – Funding Approval¶

17. Appropriation Data¶

17.a. Authorized Amount 1500.00 17.b. YREGDOC G04 10111 17.c. Cost Center 064004 17.d. OBL Month 0705 17.e. Sub Object Code (SOC) 1127¶

17.f. Remarks¶

PROG, OTM¶

Note: The FEW Appropriation (15X0311) shall ONLY be used to fund Witness Services (i.e., items 13.a through 13.e above)¶

18. Funding Amount (Place an “X” in the applicable Box in the Left Column and fill-in the Amount and Performance Period)¶

| X | 18.a. Fully Funded This Contract is FULLY FUNDED in the amount specified in Block 18.b to cover the estimated costs of the ENTIRE project whose performance period is specified in Block 18.c. This amount shall NOT be exceeded without authorization and written modification of this contract by the Contracting Officer.¶

| X | 18.b. Amount #1500.00 | | :--- | :--- | | 18.c. Period (From To) 5/67 - 6/67 |¶

| X | 18.d. Incrementally Funded This Contract is INCREMENTALLY FUNDED. The total estimated cost of the project is specified in Block 14.k. Currently, funding is provided only in the amount specified in Block 18.e to cover estimated costs incurred during the performance period specified in Block 16.f. The amount specified in Block 18.e shall NOT be exceeded without authorization and written modification of this contract by the Contracting Officer.¶

X	18.e. Amount
18.f. Period (From To)

Reminder: Witnesses are not entitled to Advance Payments.¶

19. Funding Approval¶

19.a. Name & Title of Approving Official¶

19.b. Name & Title of Approving Official¶

19.c. Date Approved 5/14/07¶

Part III – Contract¶

This contract consists of the documents listed below. In the event of any inconsistency among the following documents, such inconsistency shall be resolved in the order in which said documents are listed.¶

(1) OBD Form 47, Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral, consisting of 2 pages. (2) Attachment 1, Contract Terms, Conditions, and Procedures, consisting of 3 pages. (3) Attachment 2, Statement of Work. (4) The Contractor’s proposal, incorporated herein by reference.¶

By signing this document, the Contractor agrees to perform services as described herein in accordance with the terms, conditions, and rates set forth in this contract.¶

The Contractor also certifies that, to the best of its knowledge, there is nothing derogatory in the background of its employees that could impugn testimony given by these employees or work products delivered by the Contractor.¶

This contract shall not become effective until signed by an authorized representative of the Contractor AND the Contracting Officer.¶

20. Contract Signature¶

20.a. Signature of Authorized Person¶

20.b. Name and Title of Signer Anna C Salter Ph.D.¶

20.c. Date Signed 5/18/07¶

21. Contracting Officer Signature¶

21.a. Signature of Contracting Officer¶

21.b. Name of Contracting Officer¶

21.c. Date Signed 5/14/07¶

Previous Editions are Obsolete¶

Form OBD-47 (Revised 3-2005)¶

Page 2 of 2¶

EFTA00187126¶

U.S. Department of Justice¶

Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral¶

Contract/Purchase Order Number: 7L-USA-04-0207¶

Attachment 1 – Contract Terms, Conditions and Procedures
A. General Contract Terms and Conditions
A.1	Inspection and Acceptance. Inspection and acceptance will be at destination, unless otherwise provided. Until delivery and acceptance, and after any rejection, risk of loss will be on the Contract unless loss results from negligence of the Government.
A.2	Invoice Requirements. After services are rendered, the Contractor shall prepare an invoice and submit it to the individual identified in Block 10 of this Contract (page 1 of Form OBD-47). To constitute a proper invoice, the invoice must contain the following information: (i) The name and Taxpayer Identification Number (TIN) of the business entity or individual if an individual has no TIN; the Social Security Number may be used; (ii) The date of the invoice; (iii) A description, itemization, and price for all services rendered and miscellaneous expenses incurred; (iv) The date or the period of time when the services were rendered; and (v) The name, telephone number, and complete mailing address of the responsible official to whom payment is sent.
A3	The invoice must also be accompanied by any travel receipts or receipts for miscellaneous expenses to substantiate the invoice amount. The Government case attorney will certify on the invoice that the services were received and the date the services were accepted. The Government case attorney will then forward the approved Invoice and Form OBD-47 to the appropriate person within the litigating office for further processing.
A4	Payment by Electronic Funds Transfer. The Government reserves the right to make payments to the Contractor via Electronic Funds Transfer (EFT) in accordance with FAR Code 922-334, incorporated by reference into this Contract. If payment is to be made via EFT, the Contractor shall prepare Part I of Form OBD-47A. The form shall be completed by the Contractor and submitted to the address shown in Block 15 of this Contract (page 1 of Form OBD-47).
A5	Interest on Overdue Payment. (i) The Prompt Payment, Public Law 99-177 (96 Stat. 85, 31 U.S.C. 1801, as amended) is applicable to payments under this Contract and requires the payment of interest on overdue payments and improperly taken discounts; (ii) Determination of interest due will be made in accordance with the provisions of the Prompt Payment Act.
A6	Payment Inquiries. All follow-up invoices shall be marked “Duplicate of Original.” Contractor questions regarding payment information or check identification should be directed to the Department of Justice Vendor Assistance Hotline
A7	Use of Taxpayer Identification Number. In accordance with the requirements of the Debt Collection Act of 1996, Public Law 104-134, it is the intent of the Department of Justice to use your Taxpayer Identification Number for purposes of collecting and reporting on any delinquent amounts arising out of your relationship with the Government.
A8	Contractor's Proposal. The Contractor's proposal to furnish the services under this Contract is hereby incorporated by reference into this Contract. In the event of any inconsistency between the Contractor's proposal and this Contract, this Contract shall be considered a superseding document.
B. Federal Acquisition Regulation Clauses Incorporated by Reference
This Contract incorporates the following Federal Acquisition Regulation (FAR) clauses by reference, with the same force and effect as if the clauses were given in full text. Upon request, the litigating component's administrative or procurement office will make the full text available. Also, the full text may be accessed centrally at the following Internet address: http://www.amc.gov/far. The effective date of each FAR clause listed below is that which is current at the time this Contract is executed by both parties.
B.1 The following FAR clauses apply to all contracts (the FAR clause number is in the left column and clause title in the right)
52.225-13	Restrictions on Certain Foreign Purchases
52.232-7	Payments under the Payments and Labor-Hour Contracts
52.232-25	Prompt Payment
52.232-34	Payment by Electronic Funds Transfer – Other than Central Contractor Registration
52.233-4	Applicable Law for Breach of Contract
52.243-3	Changes – Time-and-Materials or Labor-Hours
52.246-6	Inspection – Time-and-Materials or Labor-Hour
52.249-6	Termination (Cost Reimbursement), Alternate IV
B.2 The following FAR clause is added to the clauses in Block 18.a for those values valued at $100,000 or less
52.213-4	Terms and Conditions – Simplified Acquisitions (other than Commercial Items)
B.3 The following FAR clauses are added to the clauses in Blocks B.1 and B.2 for those contracts valued at more than $100,000
52.202-1	Definitions
52.203-3	Graffilities
52.203-5	Covenant Against Contingent Fees
52.203-6	Restriction on Subcontractors to the Government

Previous Editions are Obsolete¶

Form OBD-47 (CLAUSES) (Revised 3-2005)¶

Page 1 of 3¶

EFTA00187127¶

U.S. Department of Justice¶

Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral¶

52.203-7	Anti-Kickback Procedures
52.203-8	Cancellation, Recision, and Recovery of Funds for Illegal or Improper Activity
52.203-10	Price or Fee Adjustment for Illegal or Improper Activity
52.203-12	Limitations on Payments to Influence Certain Federal Transactions
52.204-4	Printing/Copying Double-Sided on Recycled Paper
52.209-6	Protecting the Government's Interest when Subcontracting with Contractor's Debarred, Suspended, or Proposed for Debarment
52.215-2	Audit and Records-Negotiation
52.219-8	Utilization of Small Business Concerns
52.222-3	Convict Labor
52.222-21	Prohibition of Segregated Facilities
52.222-26	Equal Opportunity
52.222-35	Affirmative Action for Disabled and Veterans of the Vietnam Era
52.222-36	Affirmative Action for Workers with Disabilities
52.222-37	Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era and other Eligible Veterans
52.223-6	Drug-Free Workplace
52.227-1	Authorization and Consent
52.227-2	Notice and Assistance Regarding Patent and Copyright Infringement
52.232-8	Discounts for Prompt Payment
52.232-17	Interest
52.232-23	Assignment of Claims
52.233-1	Disputes
52.233-3	Protest After Award
52.237-2	Protection of Government Buildings, Equipment, and Vegetation
52.242-13	Bankruptcy
52.244-2	Subcontracts
52.244-5	Competition in Subcontracting
52.247-63	Preference for U.S. Flag Air Carriers
C. Other Full Text Clauses
This Contract incorporates one of the following two clauses (C.1 or C.2) depending upon whether the Contract is FULLY FUNDED or INCREMENTALLY FUNDED, as specified in Part II, Block 18 of this Contract (Form OBD-47). This contract also incorporates Clause C.3 which describes required Contractor residency requirements.
C.1 Limitation of Cost
NOTE: This clause applies to FULLY FUNDED contracts.
(1)	The parties to this Contract estimate that performance of this Contract will not cost the Government more than the estimated cost specified elsewhere in this Contract. The Contractor agrees to use its best efforts to perform the work within the estimated cost specified in the Contract.
(2)	The Contractor shall notify the Contracting Officer whenever it has reason to believe that –(1) the costs the Contractors expects to incur under this Contract in the next 30 days, when added to all costs previously incurred, will exceed 75 percent of the estimated cost specified in the Contract; or (2) the total cost for the performance of this Contract will be either greater or substantially less than had been previously estimated.
(3)	As part of the notification, the Contractor shall provide the Contracting Officer a revised estimate of the total cost of performing this Contract.
(4)	Except as required by other provisions of this Contract –(1) the Government is not obligated to reimburse the Contractor for costs incurred in excess of the estimated cost specified in the Contract or (2) the Contractor is not obligated to continue performance under this Contract or otherwise incur costs in excess of the estimated cost specified in the Contract, until the Contracting Officer (1) notifies the Contractor in writing that the cost has been increased and (1) provides a revised estimated total cost of performing this Contract.
(5)	The Government is not obligated to reimburse the Contractor for any costs in excess of the estimated cost to the Government specified in the Contract, whether those costs were incurred during the course of the Contract or as a result of termination.

Previous Editions are Obsolete¶

Form OBD-47 (CLAUSES) (Revised 3-2005)¶

Page 2 of 3¶

EFTA00187128¶

U.S. Department of Justice¶

Request, Authorization and Contract for Services of Expert Witness, Litigative Consultant, or ADR Neutral¶

Contract/Purchase Order Number: 7L-USA-04-0207¶

Contract/Purchase Order Number: 72-OSA-04-0207¶

C.2 Limitation of Funds¶

NOTE: This clause applies to INCREMENTALLY FUNDED contracts.¶

(6) If the estimated cost specified in the Contract is increased, any costs the Contractor incurs before the increase that are in excess of the previously estimated cost shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or other notice directing that the increase is solely to cover termination or other specified expenses.¶

(7) If this Contract is terminated or the estimated cost is not increased, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the Contract, based upon the share of costs incurred by each.¶

C.3 Limitation of Funds¶

(1) The parties to this Contract estimate that performance of this Contract will not cost the Government more than the estimated cost specified on Page 2, Part II of this Contract (Form OBD-47) hereof. The Contractor agrees to use its best efforts to perform the work specified in the Contract.¶

(2) Page 2 of the Contract (Form OBD-47) specifies the amount presently available for payment by the Government and allotted to this Contract and the period of performance it is estimated the allotted amount will cover. The parties contemplate that the Government will allot additional funds incrementally to the Contract up to the full estimated cost to the Government specified in the Contract. The Contractor agrees to perform, or have performed, work on the Contract up to the point at which the total amount paid and payable by the Government under the Contract will be totaled to the amount allotted by the Government to the Contract.¶

(3) The Contractor shall notify the Contracting Officer whenever it has reason to believe that the costs it expects to incur under this Contract in the next 30 days, when added to all costs previously incurred, will exceed 75 percent of the total amount so far allotted to the Contract by the Government. The notice state the estimated amount of additional funds required to continue performance for the period specified in the Contract.¶

(4) Thirty (30) days before the end of the period specified on Page 2 of this Contract (Form OBD-47), the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the Contract or for any further period specified in the Contract and when the funds will be required.¶

(5) If, after notification, additional funds are not allotted by the end of the period specified on Page 2 of this Contract or another agreed-upon date, upon the Contractor’s written request, the Contracting Officer will terminate this Contract on that date in accordance with the provisions of the Termination Officer’s Technical Representative (OTR) to the Department Security Officer (DSO) for payment. Each waiver request will be reviewed by the DSO and a determination made on a case-by-case basis.¶

(6) Except as required by other provisions of this Contract—(1) the Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this Contract; and (2) the Contractor is not obligated to continue performance under this Contract (including actions under the Termination clause of this Contract) or otherwise incur costs in excess of the amount then allotted to the Contract by the Government until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this Contract.¶

(7) The estimated cost shall be increased to the extent that the amount allotted by the Government exceeds the estimated cost specified in the Contract.¶

(8) Nothing in this clause shall affect the right of the Government to terminate this Contract. If this Contract is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the Contract, based upon the share of cost specified in the Contract equaling the percentage of completion of the work contemplated by this Contract.¶

C.3 Contractor Employee Residency Requirement¶

All contractor employees assigned to this contract and working within the United States shall meet the DOJ Residency Requirement. The Residency Requirements state, that for three of the five years immediately prior to applying for a position, the individual must have: (1) resided in the United States; (2) worked for the United States overseas in a Federal or military capacity, or (3) be a dependent of a Federal or military employee serving overseas.¶

This requirement can be waived for short-term (i.e., those employees performing duties for a cumulative total of 14 days or less) if there is a critical need for their specialized or unique skills (for example, interpreters for rare foreign languages). These individuals must be United States citizens or Permanent Resident Aliens. A waiver request from the head of the Component outlining the circumstances along with the requisite cleaning equipment shall be submitted to the Department Security Officer (DSO) for approval. Each waiver request will be reviewed by the DSO and a determination made on a case-by-case basis.¶

Additionally, a contractor employee who is not a U.S. citizen must be from a country called with the United States. Since the countries on the Allied Countries list are subject to change, the head of the Component shall review the following website for current information:¶

https://www.lcg.gov/pemployment/citizen.htm¶

Previous Editions are Obsolete¶

Form OBD-47 (CLAUSES) (Revised 3-2005)¶

Page 3 of 3¶

EFTA00187129¶

U.S. Department of Justice¶

Request, Authorization and Contract for Services of Litigative Consultant¶

Operation Leap Year, 2006R01181¶

Contract No. 7L-USA-04-0207¶

Attachment 2 Litigative Consultant Statement of Work¶

The United States Attorneys’ Office (USAO) conducts litigation in the Southern District of Florida on behalf of the United States of America. Frequently, there is a need for litigative consultant work prior to a case going to trial and during the trial. When appropriate, and pursuant to guidelines implemented by the Department of Justice, a USAO may enter into agreements with litigative consultants, functioning as independent contractors, to conduct record reviews and data analyses by written report. In this particular case, the USAO has determined that a litigative consultant is in litigation for the government and such services are not available from the agency being represented or from another agency.¶

Through this statement of work, the USAO is seeking the services of a contractor to review records, analyze data, interview witnesses, and other work pertinent to the case.¶

Summary of Case¶

This case involves the solicitation of more than 12 minors to engage in prostitution and interstate travel to engage in sexual activity with minors. The case currently is under investigation. Four (4) targets have been identified to date.¶

Retention¶

Dr. Anna Salter is needed to serve as a consultant prior to indictment regarding the psychological traits of the defendant, obstacles in interviewing victims of sexual exploitation, and the effects of sexual abuse on victims.¶

Dr. Anna Salter will be available to commence work for the USAO upon receipt of an executed copy of this Agreement or a verbal notice to proceed. Dr. Anna Salter agrees not to work for any other person or party involved in this case on matters relating to this case for thirty(30) days after she is verbally retained, or upon acceptance of this Agreement, unless notified earlier by the USAO. Should the thirty(30) days lapse without receipt of an executed agreement or notice to proceed, Dr. Salter is free to accept work from any other party.¶

EFTA00187130¶

Scope of Work¶

Dr. Anna Salter shall provide all plant, labor, material and equipment except as otherwise provided to perform litigative consultant services as required by USAO and in connection with such services agrees to perform such document review, studies and research by written report as an litigative consultant with respect to Dr. Salter’s findings.¶

Dr. Anna Salter may assist the USAO in the obtaining of one or more additional consultants, as needed to support the contractor in person or by written report, who are competent and willing to render a scientifically-supportable opinion and sign an appropriate affidavit, acceptable to the consultant, prepared by the USAO, based upon the findings of the consultant and the facts of the Case.¶

Dr. Anna Salter must exercise neutrality and maintain independence. Dr. Salter shall determine the manner in which the services are to be performed and the specific hours to be worked by Dr. Salter.¶

Dr. Anna Salter will be of good professional standing and moral character, generally board eligible or board certified in the area of specialty or having other appropriate qualifications through training or experience; to act as the USAO’s litigative consultant in the Case, the rendering of oral and written opinions, the signing of affidavits, and directly consulting with the USAO.¶

The full scope of Dr. Salter’s work will be determined as the matter proceeds, and will be subject to the needs and requests of USAO. Occasionally, the complexity of the case requires more review hours than initially estimated. Any time it becomes apparent to Dr. Salter that she will need to exceed the time and cost estimates provided to complete her work, she will provide USAO with a revised estimate and shall proceed only after being granted permission by USAO.¶