Attachment 1 - Performance Work Statement.pdf

Ver. Jul 2021

PERFORMANCE WORK STATEMENT (PWS)

FOR

Technical Instruction Services – Drug Unit Supervisor

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: The course shall be designed to emphasize the fundamental policy, leadership skills, and legal principles necessary to acquire proficiency in directing the efforts of a proactive drug enforcement unit. The course shall present fundamental and advanced supervisory concepts, strategies, and techniques in policy, leadership, and legal principles. The course shall provide an ethics-based approach to leadership and management principles in drug law enforcement and include leadership skills development, as well as the day-to-day management of a drug unit or task force. The course shall include practical scenarios to help aid the learning process. The course shall also provide an update on all recent counternarcotics related U.S. Supreme Court decisions and other pertinent decisions handed down by U.S. Circuit Courts.

1.2 Background: The Midwest Counterdrug Training Center (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 approximately nine

(9) months (based on the award date), 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 CDJMTC; the remainder are conducted at other locations within the MCTC service area. The contractor shall, with some exceptions, provide services between the hours of no earlier than 0700 and no later than 1800 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

Attachment 1 W912LP-22-R-0007 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 be used for this course at the Government’s discretion. The course shall be scalable to a distance learning environment with no change in content. DL instruction shall be conducted/broadcast from the MCTC campus in Johnston, IA, unless the MCTC schedules otherwise.

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: June 19th

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.

1.4.5.6 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

1.4.6 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 Offeror shall possess all licenses required in the performance of this contract, to include the DEA Controlled Substance Registration Certificate required for transportation of Schedule 1 and Schedule 2 narcotics. 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 The Government has unlimited rights to all documents/materials produced under this contract. All documents and materials, to include source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the K.O. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose.

This right does not abrogate any other Government rights.

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 GFP/M/E/S Government Furnished Property/Material/Equipment/Services 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 PE Practical Exercise 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.

3.2 Materials: None

3.3 Equipment: The Government will furnish audio-visual equipment in the classroom and equipment required to conduct DL courses.

3.4 Services: MCTC may provide role players, if manning allows, to assist with facilitation of PEs.

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.

4.2 Reserved

4.3 Reserved

5.0 Requirements: The contractor shall:

5.1 Provide a Drug Unit Supervisor Course for up to 30 law enforcement officers and military personnel directly involved in counternarcotic missions per iteration. The course length shall be a minimum of 36 hours of instruction over a period of five (5) class days. The Contractor shall provide multiple iterations of the course, at dates and locations to be coordinated with MCTC during the contract performance period.

Dates and locations for each course iteration are selected based on training requests submitted by law enforcement agencies. The course title may change during the life of the contract per MCTC’s needs, but the course topics will remain constant. The Contractor shall update the content within the course topics upon MCTC’s request, and as necessary to keep the course current and relevant throughout the contract PoP.

5.1.1 The contractor shall develop the course in a manner that shall be presented in person or via DL.

The course objectives, content, slide presentation, pre-tests and post-tests shall remain constant whether the course is presented in person or via a DL platform.

5.1.2 Course Iterations. The contractor shall provide the course on dates and at 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.

5.1.2.1 The contractor shall provide two (2) course iterations in the base period.

5.1.2.2 The contractor shall provide up to four (4) course iterations in each of the option periods. The number of iterations in the option periods will be determined by funding availability and the Government’s need.

5.2 Target Audience: Up to 30 law enforcement officers and military personnel directly involved with counternarcotics missions. The target audience will include local, state, tribal and federal law enforcement officers with an emphasis on civilian drug unit supervisors, senior drug law enforcement agents, senior patrol officers assigned to highway or domestic drug and contraband interdiction operations, and canine handlers.

5.3 Course Content. Course content shall be unique to this course, current, and shall not duplicate the content of other courses provided by MCTC or other National Guard Training Centers, with the exception of case law examples. To ensure that MCTC is teaching constitutionally permissible practices, a professional who has legal training and experience in the conduct of criminal court proceedings on behalf of the Government (e.g., current or former attorney, District Attorney, etc.), shall vet the course. The course of instruction shall cover the following topics (learning objectives), at a minimum:

5.3.1 Management of a drug unit

5.3.2 Current local and national drug trends

5.3.3 The role of transnational criminal organizations (TCO) in the domestic drug trade

5.3.4 Analyzing narcotics-related data from local jurisdiction

5.3.5 Critical Tasks for drug unit supervisors

5.3.6 Task force personnel selection

5.3.7 Organizing a narcotics investigation

5.3.8 Development of agency standard operating procedures (SOP)

5.3.8.1 Budget management

5.3.8.2 Equipment management

5.3.9 Drug unit field operations

5.3.9.1 Managing a confidential informant program

5.3.9.2 Managing physical surveillance operations

5.3.9.3 Development of a tactical operations plan

5.3.9.4 Areas of operation (i.e., open-air drug locations, drug houses, hot spots for use/dealing)

5.3.9.5 Search warrant utilization and manpower deployment

5.3.10 Violence and risk management in undercover (UC) operations

5.3.10.1 Best practices for safety of UC

5.3.10.2 Planning for the worst case (i.e., UC extraction and abort operation)

5.3.10.3 UC burnout and integrity issues

5.3.11 Buy money management

5.3.11.1 Current price trends

5.3.11.2 Officer handling

5.3.11.3 Disbursements

5.3.11.4 Third party audits

5.3.12 Memorandum of Understanding

5.3.12.1 How to draft

5.3.12.2 When to use

5.3.13 Documentation of unit progress and setbacks

5.3.13.1 Lessons learned

5.3.13.2 Post mission after-action reviews

5.3.14 Leadership skills development

5.3.14.1 Integrity and ethics in supervising a drug unit or drug task force

5.3.14.2 Multi-jurisdictional and multi-agency deconfliction, collaboration, and best practices

5.3.15 Legal aspects of conducting drug investigations

5.3.15.1 Civil liability for drug unit supervisors

5.3.15.2 Basic liability principles

5.3.15.3 Legal advisory and update of U.S. Supreme Court decision

5.4 A slide presentation is required.

5.4.1 Slides shall display the MCTC logo (a mock-up of the MCTC logo is authorized for proposal submissions; the official MCTC logo artwork will be provided upon award). 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 or any other National Guard Counterdrug Training Centers.

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 PEs into the instruction to reinforce teaching points. All PEs will be clearly defined and structured for review in the submission. Preference will be given to contractors that can include practical scenarios that combine several course topics, when possible.

5.6.1 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, the people involved, and the locations for each PE. MCTC will distribute the deconfliction report to affected agencies upon review/revision, as appropriate. The contractor shall acknowledge this in their proposal.

5.6.2 The contractor shall provide role players for the PE scenarios.

5.6.2.1 The contractor shall provide the names of the role players to the COR at least seven (7) days prior to each course iteration for approval. The contractor shall acknowledge this in their proposal.

5.6.2.2 The contractor shall provide a list of all materials and equipment required to conduct the PEs in the submission, in adequate quantity to accommodate all instructors, role players, and students.

5.7 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 ship student manuals for course iterations to the location disclosed by the MCTC no less than one (1) week prior to the scheduled course date. The contractor shall provide a student manual to each course participant the 1st day of each in-person course iteration. The contractor shall provide student manuals to the COR no later than 21 days prior the scheduled start date of each DL iteration. The COR will ensure each DL student is issued a student manual prior to the first scheduled course iteration. The contractor shall acknowledge these requirements in their proposal. The student manual shall be:

5.7.1 Professionally and thoroughly researched and developed.

5.7.2 Comprehensive, current, and relevant.

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

5.7.4 Include a copy of the DEA Controlled Substance Registration Certificate (required in order to transport and handle the Schedule 1 and Schedule 2 (controlled) narcotics).

5.7.5 Display the MCTC logo in color on the front cover (a mock-up MCTC logo for proposal submission is acceptable; official MCTC logo artwork will be provided by MCTC upon award); shall not include any other logos.

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

5.7.6.1 Display the MCTC logo in color on the front cover, shall not include any other logos.

5.7.6.2 Also be provided to each student physical/hard copy on the first day of each in-person or DL course iteration.

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).

Performance

Objective Performance Standard Acceptable Quality

Levels (AQL) Surveillance Method / By

Whom

5.0 Provide course in accordance with the PWS

Average or higher ratings on Student Course Evaluations

75% average or higher ratings on Student Course Evaluations

Review of Student

Course Evaluations /

COR

5.0 Provide course in accordance with the PWS

Course content is instructed in its entirety IAW the student manual / training materials

No more than 2 negative COR observations in contract performance period

Periodic Observation /

COR or MCTC Representative

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/COR complaints in contract performance period

Customer Feedback / COR Observation

TECHNICAL EXHIBIT 2

Deliverables Schedule

PWS Reference / Deliverable Title Frequency Number of

Copies Medium/Format Submit To

5.6.1 Deconfliction Report

for PEs

7 days prior to scheduled start date for each course iteration 1 Electronic COR

5.6.2.1 Role Players

Names

7 days prior to scheduled start date for each course iteration 1 Electronic COR

5.7 Student Manual

1st day of each in-person course iteration

1 copy per student Hard Copy COR

5.7 Student Manual for

DL

21 days prior to scheduled start date

1 copy per student Hard Copy COR