ATCH_1_PWS_Writing Search Warrants_KO Reviewed.pdf

PERFORMANCE WORK STATEMENT (PWS)

FOR

Technical Instructor Services

Writing Narcotic Search Warrants Course

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 design, develop and instruct a Writing Narcotic Search Warrants course for the Midwest Counterdrug Training Center (MCTC), as defined in this PWS.

1.2 Background and Objectives:

1.2.1 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 on 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.

1.2.2 Objectives. 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 Periods/Places of Performance: The Periods of Performance (PoP) shall be one (1) Base Period, running date of award through 31 May 2021, and four (4) 12-month option periods running 1 Jun through 31 May with locations of each course iteration to be determined by MCTC.

1.3.1 Base period will include six (6) course iterations.

1.3.2 Each option period will include up to eight (8) course iterations.

1.3.3 The MCTC service area covers the 54 states and territories, and class iterations may be conducted at any location within this area with the exception of the 4 territories and the state of Hawaii. 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 United States.

1.4 General Information:

1.4.1 RESERVED

1.4.2 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).

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

The contractor shall not perform services on these days:

1.4.3.1 New Year’s Day: January 1st

1.4.3.2 Martin Luther King, Jr.’s Birthday

1.4.3.3 President’s Day

1.4.3.4 Memorial Day

1.4.3.5 Independence Day: July 4th

1.4.3.6 Labor Day

1.4.3.7 Columbus Day

1.4.3.8 Veteran’s Day: November 11th

1.4.3.9 Thanksgiving Day

1.4.3.10 Christmas Day: December 25th

1.4.4 Place and Performance of Services: The contractor shall, with some exceptions, provide services between the hours of 0700-1700 on Monday through Friday, 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.

1.4.4.1 Reserved

1.4.4.2 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.

1.4.4.3 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 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.

1.4.5 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. 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 For contractors that do not require a CAC, but require access to a DoD facility or installation: 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/AR 190-13), 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 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.

1.4.5.4 RESERVED

1.4.5.5 RESERVED

1.4.5.6 RESERVED

1.4.5.7 RESERVED

1.4.5.8 RESERVED

1.4.5.9 RESERVED

1.4.5.10 RESERVED

1.4.5.11 RESERVED

1.4.5.12 RESERVED

1.4.5.13 RESERVED

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.

1.4.6.1 RESERVED

1.4.6.2. RESERVED

1.4.6.3. Homeland Security Presidential Directive-12 (HSPD-12 Considerations):

1.4.6.3.1 Routine access to Government-controlled facilities is not required.

1.4.6.3.2 Routine access to Government Information Systems (IS) is not required.

1.4.6.3.3 NACI or other security check is not required.

1.4.6.3.4 Government-issued identification and/or building passes are not required.

1.4.6.3.5 Contractor personnel do not require Government escort while performing work on a Government installation.

1.4.6.3.6 Contractor is not required to provide employee and/or vehicle information for an Entry Authorization List (EAL).

1.4.7 RESERVED

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 Subpart 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 RESERVED

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.

1.4.15 RESERVED

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 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 Contracting Officer Representative (COR): An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment will be in writing and will state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications.

This individual does NOT have authority to change the terms and conditions of the contract.

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

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

2.1.6 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.

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

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

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

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

2.1.11 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:

AR Army Regulation AT/OPSEC Antiterrorism/Operational Security CBO Community Based Organization CFP/M/E/S Contractor Furnished Property/Material/Equipment/Services CMR Contractor Manpower Reporting COR Contracting Officer Representative CTOC Counter Transnational Organized Crime DA Department of the Army DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services HSPD Homeland Security Presidential Directive 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 POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control SAM System for Award Management 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 a classroom of adequate size to accommodate the number of students registered for each iteration of the course.

3.2 Materials: NONE

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

3.4 Services: NONE

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. Minimum materials and equipment to be provided by the Contractor for each iteration are:

4.1.1 Student manual outlining specific course content. Student manual is intended to be a reference/resource for students to use during and after the course, and must be provided in hard copy to each student. The manual must be provided in both electronic and in hard copy for the contract proposal submission. Student manual shall be:

4.1.1.1 Professionally and thoroughly researched and developed

4.1.1.2 Comprehensive, current, and relevant

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

4.1.1.4 Display the MCTC logo in color on the front cover (logo artwork to be provided upon award); shall not include any other logos. NOTE: The MCTC logo is NOT required on proposal copies of the student manual, but will need to be added after contract award.

4.1.2 CD is required. Electronic copies may not be submitted on flash drives/thumb drives, as their use is prohibited on the government’s computers. Thumb drives may be provided to students. The following are required for CD submissions:

4.1.2.1 Shall display the MCTC logo, and shall not include any other logos

4.1.2.2 If CDs and/or thumb drives are used in the course, a copy must be provided to each student

4.1.3 Expenses. All expenses for materials, equipment or services required to conduct the course shall be borne by the contractor, and shall be included in the firm fixed price.

Expenses include, but are not limited to:

4.1.3.1 Travel, lodging and meals for contractor staff and instructors

4.1.3.2 Printing and delivery of student handbooks

4.1.3.3 Purchase and delivery of all materials and equipment required to conduct the course

4.2 RESERVED

5.0 Requirements: The contractor shall provide a Writing Narcotic Search Warrants course for up to 44 law enforcement officers. Course length shall be a minimum of 20 hours of instruction over a minimum of three (3) 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 the request of MCTC, and as necessary to keep the course current and relevant throughout the contract POP.

5.1 Intent of Course: The course shall be designed educate students on the essential elements needed to write and obtain a search warrant while conducting criminal investigations. It will instruct students on how to compose an affidavit and improve their abilities and skills needed to write a clear, concise and factual basis for search warrants.

The course will address requirements established by federal and/or state specific constitutional authorities in order to develop probable cause. Officers will be taught the principles of writing the affidavit and warrant rather than how to plug information into a blank spot in a template. Participants learn how to relay information from informants in the affidavit while still maintaining confidentiality of the informant's identity.

5.2 Target Audience: Up to 44 law enforcement officers and military personnel directly involved in counternarcotic missions, with an emphasis on civilian law enforcement.

Includes local, state, and federal officers.

5.3 Course Content: Content shall be unique to this course (not used in other courses) with the exception of case law examples. The course of instruction shall cover the following topics (learning objectives), at a minimum:

5.3.1 Purpose of a search warrant

5.3.2 Types and nuances of different search warrants

5.3.3 Federal and state specific constitutional requirements

5.3.4 Basis for, and effective development of, the affidavit under differing facts/circumstances

5.3.5 Contents of the warrant

5.3.6 Documentation of probable cause

5.3.7 Relaying information from informants without compromising the informant’s identity

5.3.8 Suppression hearings

5.3.9 Civil liability

5.3.10 Criminal liability

5.3.11 Defending search warrants in court

5.3.12 Legal considerations for financial investigations

5.4 A slide presentation is required

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

5.4.2 Slides must be unique to this course

5.5 Pre-test and Post-test are required

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 must be incorporated in the instruction and be designed to reinforce teaching points. Practical exercises shall accurately simulate writing search warrants in which course material will be utilized. Feedback and suggestions for more effective writing will be provided to each student. All practical exercises will be clearly defined and structured for review in the contract submission proposal.

5.7 Offeror Qualifications. The offeror (contractor) must meet the following minimum qualifications:

5.7.1 Offeror (contractor) shall have prior experience in the design, development, and delivery of Writing Narcotic Search Warrants courses to uniformed patrol officers or other law enforcement personnel at the local, state, or federal level.

5.7.2 Offeror (contractor) shall have a background in the training of law enforcement and be currently engaged in training law enforcement officers on the subject of Writing Narcotic Search Warrants in the civilian law enforcement environment.

5.8 Instructor Qualifications. Offerors shall determine the appropriate number of instructors required to conduct the course, based on instruction methodology and class size. Each proposed instructor must meet the minimum qualifications.

5.8.1 Instructor(s) shall have a background in the training of law enforcement and be currently engaged in training law enforcement officers on the subject of Writing Narcotic Search Warrants in the civilian law enforcement environment similar in length (20 hours) and content to the requested course.

5.8.2 Instructor(s) shall be a current or former prosecutor with at least fifteen (15) years of experience as an attorney.

5.8.3 Instructor(s) shall have a minimum of five (5) years of experience teaching Writing Narcotic Search Warrants courses to civilian law enforcement personnel.

5.9 Contractor Manpower Reporting (CMR):

5.9.1 The contractor shall report manpower data relating to the performance of service contracts into the System for Award Management (www.sam.gov).

5.9.2 The contractor shall report, annually by October 31, for services under the contract during the preceding Government fiscal year (October 1 – September 30). The contractor shall report the following information:

5.9.2.1 Contract number and, as applicable, order number.

5.9.2.2 The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.

5.9.2.3 The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.

http://www.sam.gov/

5.9.2.4 Data reported by subcontractors.

6.0 RESERVED

6.1 RESERVED

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). The COR will use the *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 Writing Narcotic

Search Warrants 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

*Student Course Evaluations will be completed by each student attending the course, and will ask students to rate the following:

1. Instructor presentation of information

2. Instructor knowledge of subject matter

3. Hands on training of materials

4. Textbook & handout materials presented to the students

5. Instruction’s strong points of course

6. Overall course rating

Rating Description Green Performance and technical specifications are being met at an acceptable quality level (AQL).

Yellow Performance and technical specifications are currently being met at the minimum

AQL, but the following service/ deliverable needs contractor attention (see comments).

The COR must identify what component of the deliverable and/or service requires attention.

Red Performance and technical specifications are not being met at AQL and the following service/ deliverable needs immediate contractor resolutions (see comments).

The COR must identify what component of the deliverable and/or service is below the minimum AQL.

TECHNICAL EXHIBIT 2

Deliverables Schedule

PWS Reference / Deliverable Title

Frequency Number of Copies

Medium/Format Submit To

4.1.1 Student

Manual

1st day of each course iteration

1 copy per student

Hard copy COR

4.1.2 CD 1st day of each course

iteration

1 copy per student

CD COR

5.9 CMR Report Annually, within 30 days

after end of POP and 30 days after 30 October

1 Electronic https://www.sam.gov