ATCH_1_PWS-Physical Surveillance (KO Corrected 07-11-21).pdf

Ver. June 2021

PERFORMANCE WORK STATEMENT (PWS)

FOR

Technical Instruction Services – Physical Surveillance Course Basic and Advanced

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Technical Instruction Services, as defined in this

PWS.

1.1.1 Objectives (Basic): The course shall be designed to equip officers with physical surveillance skills, knowledge and adaptability necessary to become proficient at conducting safe and efficient surveillance on drug traffickers while furthering investigations.

1.1.2 Objectives (Advanced): The course shall be designed to equip officers that have already attended the Midwest Counterdrug Training Center (MCTC) Basic Physical Surveillance Course with advanced physical surveillance skills. This Advanced course will focus on counter-surveillance techniques utilized by gangs, narco traffickers, and suspected terrorists. It will serve as a follow-on to the basic course and allow attendees to learn and practice advanced techniques. Attendees will learn the best practices and pitfalls of surveilling groups and individuals that employ counter-surveillance measures.

1.2 Background: The MCTC is one of five (5) National Guard Counterdrug training programs that provides relevant curriculum focused on counternarcotics and counter transnational organized crime (CTOC). MCTC is located at the Camp Dodge Joint Maneuver Training Center (CDJMTC) in Johnston, Iowa, and features state-of-the-art classrooms and tactical training environments. With a training region that encompasses major international trafficking routes and national border ports of entry, MCTC’s courses strive to impact the illicit flow of drugs throughout the nation. MCTC provides courses that support National Drug Control Strategies and positively impact the performance of federal, state, and local law enforcement agencies (LEA), community based organizations (CBO), and military professionals directly involved in counternarcotics missions. MCTC’s emphasis remains state and local law enforcement officers.

Course curriculum focuses on illicit narcotics interdiction, disruption of drug trafficking organizations, intelligence and analysis, narco-terrorism, homeland security, civil operations, and anti-drug coalition fundamentals. Each course is designed to support the objectives of the Assistant Secretary of Defense for Counternarcotics and Global Threats (DASD-CN), Office of National Drug Control Policy (ONDCP), National Northern Border, National Southwest Border, and Caribbean Border counternarcotics strategies and to increase national security. MCTC supports federal, state, and local agencies with current and relevant training, maximized by the experiences of subject matter experts in their fields. All training events are designed to not only offer world class instruction, but to break down jurisdictional barriers and offer a unique opportunity for officials across the law enforcement and prevention spectrum to network and share ideas in person.

1.3 Period of Performance (PoP): The Period of Performance shall be a base period of approximately nine (9) months, and four (4) 12-month option periods.

1.4 General Information:

1.4.1 Place and Performance of Services: The MCTC service area covers the 54 states and territories, and class iterations may be conducted at any location within this area.

Approximately 1/3 of course iterations are conducted at the MCTC main campus at Camp Dodge, Johnston, Iowa; the remainder are conducted at other locations within the MCTC service area. The contractor shall provide services at times designated by MCTC between no earlier than 0700 and no later than 2300 Monday through Friday during scheduled course iterations, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.1.1 Distance Learning (DL) blocks of instruction shall not be used for this course.

1.4.1.2 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.1.3 The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times, and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation, which may affect performance. The Government reserves the right to direct the removal of an employee from Government property or revoke access to Government systems for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays.

The contractor shall not perform services on these days:

1.4.2.1 New Year’s Day: January 1st

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Juneteenth National Independence Day

1.4.2.6 Independence Day: July 4th

1.4.2.7 Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran’s Day: November 11th

1.4.2.10 Thanksgiving Day

1.4.2.11 Christmas Day: December 25th

1.4.3 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary (PRS).

1.4.4 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will 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 acceptable quality level(s) or defect rate(s).

1.4.5 Installation Access and Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Contracting Officer’s Representative (COR). The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy (see PWS 6.0). Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 Reserved

1.4.5.2 Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center

Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a Government representative).

1.4.5.3 Reserved

1.4.5.4 Reserved

1.4.5.5 Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor personnel place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.6 Physical Security. The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.7 Special Qualifications: The contractor shall ensure all employees possess all required licenses for operating motor vehicles used in the performance of this contract.

This does not include education or other qualifications for the position in which the contractor employee is performing, dress codes, or other information. (NOTE: The Government does not provide training to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified, and otherwise qualified to provide services).

1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR 42.5.

The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced.

The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO.

The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10 Reserved

1.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at

FAR 22.17.

1.4.12 Reserved

1.4.13 Reserved

1.4.14 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.3 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.4 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.5 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.6 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.7 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.8 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.9 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

CBO Community Based Organization CDJMTC Camp Dodge Joint Maneuver Training Center CFP/M/E/S Contractor Furnished Property/Material/Equipment/Services CM Contract Manager COMSEC Communications Security COMSEC/IT Communications Security/Information Technology COR Contracting Officer Representative CTOC Counter Transnational Organized Crime DASD-CN Assistant Secretary of Defense for Counternarcotics and Global

Threats DFARS Defense Federal Acquisition Regulation Supplement DL Distance Learning DoD Department of Defense FAR Federal Acquisition Regulation FPCON Force Protection Condition GFP/M/E/S Government Furnished Property/Material/Equipment/Services

HQDA Headquarters, Department of the Army KO Contracting Officer LEA Law Enforcement Agency MCTC Midwest Counterdrug Training Center NCIC-III National Crime Information Center Interstate Identification OCI Organizational Conflict of Interest ONDCP Office of National Drug Control Policy POP Period of Performance PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit TSDB Terrorist Screening Database

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S):

The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: The Government will furnish the necessary workspace for the contractor to perform services outlined in this PWS to include a classroom of adequate size to accommodate the number of students registered for each iteration of the course, audio-visual equipment in the classroom, and equipment customarily needed to conduct DL courses.

3.2 Materials: None

3.3 Equipment: The Government will furnish Audio-Visual equipment in the classrooms.

3.4 Services: MCTC may provide role players, if manning allows, to assist with facilitation of practical exercises. Contractors shall not depend on the availability of MCTC role players to perform services under this PWS.

3.5 Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract. The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements: The contractor shall:

5.1 Provide a Basic Physical Surveillance course for up to 24 law enforcement officers.

Course length shall be a minimum of 36 hours of instruction over a minimum of five (5) class days. Contractor shall provide multiple iterations of the course, at dates and locations to be determined by the MCTC, throughout the contract POP. Dates/locations for each course iteration are selected based on training requests submitted by law enforcement agencies. The course title may change per MCTC’s needs, but the course topics will remain constant. Contractor shall update the content within the course topics at MCTC’s request, and as necessary, to keep the course current and relevant throughout the contract POP.

5.1.1 Requirements for Advanced: The contractor shall provide an Advanced Physical Surveillance course for up to 24 law enforcement officers. Course length shall be a minimum of 36 hours of instruction over a minimum of five (5) class days. Contractor shall provide multiple iterations of the course, at dates and locations to be determined by the MCTC, throughout the contract POP. Dates/locations for each course iteration are selected based on training requests submitted by law enforcement agencies. The course title may change per MCTC’s needs, but the course topics will remain constant.

Contractor shall update the content within the course topics at MCTC’s request, and as necessary, to keep the course current and relevant throughout the contract POP.

5.1.2 The contractor shall develop the course in a manner that will be presented in person.

5.1.3 Course Iterations. The contractor shall provide the course at dates and locations to be determined by MCTC, based on training requests from law enforcement agencies.

All locations will be within the MCTC service area described in paragraph 1.4.1.

5.1.3.1 The contractor shall provide six (6) course iterations in the base period.

5.1.3.2 The contractor shall provide up to 10 course iterations in each of the option periods.

5.2 Target Audience: Up to 24 law enforcement officers and military personnel directly involved in counternarcotic missions, with an emphasis on Narcotic Task Force Officers, to include local, state, and federal officers.

5.3 Course Content (Basic). Course content shall be unique to this course, current, and shall not duplicate the content of other courses provided by MCTC, with the exception of case law examples. To ensure constitutionally permissible practices, a professional who is legally trained and qualified with prior experience in the conduct of criminal proceedings in a court on behalf of the government shall vet the course content. The course of instruction shall cover the following topics (learning objectives), at a minimum:

5.3.1 Tactical operation preparation and plans

5.3.2 Surveillance reports and intricacies of documenting investigative surveillance

5.3.3 Legal restrictions and issues associated with physical surveillance operations

5.3.4 Driving tactics used for surveillance

5.3.5 Vehicular and foot concealment techniques for surveillance

5.3.6 Using disguises, equipment, and communication for/during surveillance

5.3.7 Situational operations: solo officer, officer team, on foot, in a static position, vehicular (moving or stationary)

5.3.8 Methodologies to conduct surveillance in urban, suburban, and rural environments

5.3.9 De-confliction techniques

5.3.10 Confrontation procedures

5.3.11 Suspect apprehensions

5.3.12 Takedown techniques (public vs. clandestine, planned vs. hasty)

5.3.13 Conducting an adaptive or flexible surveillance

5.3.14 Surveillance at night

5.3.15 Recognizing and circumventing counter-surveillance

5.3.16 Safety and survival tactics during surveillance operations

5.4 A slide presentation is required

5.4.1 Slides shall display the MCTC logo; no other corporate logos shall be displayed

5.4.2 Slides shall be unique to this course and shall not duplicate the slide content of other courses provided by MCTC

5.5 Pre-test and Post-test. The contractor shall administer a pre-test and post-test to each student

5.5.1 Pre-test and post-test may be written or practical, or a combination thereof

5.5.2 Pre-test shall assess students’ pre-course knowledge and understanding of the course topics

5.5.3 Post-test shall assess students’ post-course knowledge and understanding of the course topics

5.6 Practical Exercises. The contractor shall incorporate practical exercises into the instruction to reinforce teaching points. Practical exercises shall accurately simulate Basic Narcotic Investigations situations in which course material will be utilized. All practical exercises will be clearly defined and structured for review in the contract submission proposal.

5.7 Course Content for Physical Surveillance (Advanced): Content shall be unique to this course (not used in other courses) with the exception of case law examples and the material that is reviewed from the MCTC Basic Physical Surveillance course. The course of instruction shall cover the following topics (learning objectives), at a minimum:

5.7.1 Conduct surveillance on narco traffickers

5.7.2 Conduct surveillance on suspected terrorists

5.7.3 Conduct surveillance on gangs

5.7.4 Detection of counter-surveillance

5.7.5 Deterrence of counter-surveillance

5.7.6 How to protect undercover and surveillance personnel from counter-surveillance

5.7.7 Tactical operation planning

5.7.8 Developing a deconfliction plan

5.7.9 Developing confrontation procedures

5.7.10 Advanced reconnaissance prior to mission

5.7.11 Traffic control and surveillance detection routes

5.7.12 Legal restrictions and issues associated with physical surveillance operations

5.8 A slide presentation is required

5.8.1 Slides must display the MCTC logo; no other corporate logos shall be displayed

5.8.2 Slides must be unique to this course

5.9 Pre-test and Post-test. The contractor shall administer a pre-test and post-test to each student.

5.9.1 Pre-test and post-test may be written or practical, or a combination thereof

5.9.2 Pre-test shall assess students’ pre-course knowledge and understanding of the course topics

5.9.3 Post-test shall assess students’ post-course knowledge and understanding of the course topics

5.10 Practical exercises must be incorporated in the instruction and should reinforce teaching points. Practical exercises shall accurately simulate Physical Surveillance situations in which course material will be utilized. All practical exercises will be clearly defined and structured for review in the contract submission proposal. The course must be weighted towards hands-on experience.

5.10.1 The contractor shall provide a deconfliction report to the COR at least seven (7) days prior to each course iteration. The deconfliction report shall contain information on the vehicles and people involved and the locations for each practical exercise. MCTC will distribute the deconfliction report to affected agencies upon review/revision. The contractor shall acknowledge this requirement in their proposal.

5.10.2 The contractor shall provide role players for the practical exercise scenarios.

5.10.2.1 The contractor shall provide names of role players to the COR at least seven

(7) days prior to each course iteration for approval.

5.10.3 The contractor shall provide all materials and equipment required to conduct practical exercises, in adequate quantity to accommodate all instructors, role players, and students, to include at a minimum:

5.10.3.1 Radios

5.10.3.2 Props (fake dope etc.)

5.11 Student manual. The contractor shall provide a student manual, which shall be used as a reference/resource for students to use during and after the course. The contractor shall provide a student manual in hard copy to each student. Student manual shall be:

5.11.1 Professionally and thoroughly researched and developed

5.11.2 Comprehensive, current, and relevant

5.11.3 Professionally organized, assembled and securely bound (hard copy student manual is required)

5.11.4 Display the MCTC logo in color on the front cover (logo artwork to be provided by MCTC); shall not include any other logos.

5.11.5 Digital media. A copy of the student manual on digital media is optional, but if provided, it shall:

5.11.5.1 Display the MCTC logo, and shall not include any other logos

5.11.5.2 Be provided to each student

5.11.6 The contractor shall ship student manuals for course iterations to the location directed by the MCTC, no less than one (1) week prior to the scheduled course date.

The contractor shall acknowledge this requirement in their proposal.

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL). *Student Course Evaluations for each iteration to measure contractor performance.

Performance Objective

Performance Standard Acceptable Quality Levels (AQL)

Surveillance Method / By Whom

5.0 Provide a

Basic/Advanced Physical

Surveillance course in accordance with the PWS.

75% average or above “Agree” or “Strongly

Agree” ratings on each question of Student Course Evaluations.

Failure to achieve 75% average or above

“Agree” or “Strongly Agree” ratings on each question of Student Course Evaluations.

Student Course Evaluations / Students of each course iteration

5.0 Provide course in

accordance with the

PWS.

Course is instructed in a professional, safe and timely manner

No more than 2 validated customer complaints in contract performance period

Customer complaint /

COR

TECHNICAL EXHIBIT 2

Deliverables Schedule

PWS Reference / Deliverable Title

Frequency Number of Copies

Medium/Format Submit To

5.10.1 Deconfliction

Report for Practical

Exercises

7 days prior to scheduled start date for each course iteration

1 Electronic COR

5.10.2.1 Names of

Role Players

# days prior to scheduled start date for each course iteration

1 Electronic COR

5.11 Student Manual 1st day of each in-person

course iteration

1 copy per student

Hard copy COR