Attachment 6 - PERFORMANCE WORK STATEMENT Drug Search Warrant -0008.pdf

Performance Work Statement (PWS)

Technical Instructor Services for

Writing Drug Search Warrants and Post Seizure Investigations

1.0 General:

1.1 Background: Regional Counterdrug Training Academy (RCTA) Overview. RCTA is located at the Naval Air Station Meridian, MS, (NAS) 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, RCTA’s courses strive to impact the illicit flow of drugs throughout the nation. Traditionally two-thirds of the course iterations are conducted throughout the primary training area using mobile training teams, while the remainder of the courses are taught using state of the art technology housed in classrooms located at RCTA.

The training offered at RCTA is enhanced by access to a wide variety of military tactical training facilities such as weapons ranges and urban training areas to give the students realistic instruction and hands-on experience.

1.2 Scope: The Regional Counterdrug Training Academy (RCTA) is one of five (5) National Guard Counterdrug training programs that provides relevant curriculum focused on counternarcotics and counter transnational organized crime (CTOC). RCTA 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. 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 DASD-CN, Office of National Drug Control Policy (ONDCP), National Northern Border, National Southwest Border, and Caribbean Border counternarcotics strategies and increase national security. RCTA supports Federal, state, and local agencies with current and relevant training maximized by the experiences of subject matter experts in their field. 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:

1.3.1 One base period running from 1 June 2021 through 31 May 2022, that will include six

(6) iterations of Writing Drug Search Warrants and four (4) iterations of Post Seizure Investigations with dates and locations to be determined by RCTA.

1.3.2 Four (4) option periods of 12 months per period. Each option period will include up to ten (10) course iterations Writing Drug Search Warrants, and ten (10) iterations of Post Seizure Investigations dependent on funding and need determined by RCTA.

1.3.3 The RCTA 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 RCTA main campus at NAS Meridian, MS; and the remainder are conducted at other locations within the continental United States.

1.4 General Information:

1.4.1 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). The Government Facilitator for the course will provide students with an end of course evaluation.

The evaluation, along with the COR observations will be used to evaluate the quality of the course presentation/deliverable.

1.4.2 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.

1.4.2.1 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.

1.4.2.2 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.

The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance.

1.4.3 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 shall also 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 DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.3 Homeland Security Presidential Directive-12 (HSPD-12) Considerations:

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

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

1.4.3.3 NACI or other security check is not required.

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

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

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

1.4.4 Offeror / Instructor Qualifications:

1.4.4.1 The contractor and instructor(s) must have extensive full-time law enforcement experience in the design, development, and delivery of writing drug search warrants courses to law enforcement personnel at the local, state or federal level.

1.4.4.2 The contractor must have extensive experience in the design, development and delivery of Writing Drug Search Warrant and Post Seizure Investigation courses utilized while conducting drug investigations which must be certified under Peace Officers Standards and Training (POST).

1.4.4.3 The contractor must have extensive experience in the training of law enforcement and be currently engaged in training law enforcement officers on the subject matter of writing drug search warrants in the civilian law enforcement environment.

1.4.4.4 Instructors must have a comprehensive understanding of the legal issues involved with Writing Drug Search Warrants, and in applicable seizure laws post search warrant service, and experience in training civilian law enforcement in the writing of drug search warrants to include the application of laws governing search warrants.

1.4.5 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, and the actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment. 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.

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'S 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 Performance Work Statement.

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

2.1.6 ITERATION. Each repetition of the course is considered an iteration.

2.1.7 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.8 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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:

2.2.1 AQL Acceptable Quality Level

2.2.2 CFP/M/E Contractor Furnished Property, Materials, and Equipment

2.2.3 COR Contracting Officer’s Representative

2.2.4 KO Contracting Officer

2.2.5 GFP/M/E/S Government Furnished Property, Material, Equipment and Services

2.2.6 PWS Performance Work Statement

2.2.7 QASP Quality Assurance Surveillance Plan

2.2.8 QA Quality Assurance

2.2.9 TE Technical Exhibit

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

3.1 Property: The RCTA will provide a classroom of adequate size to accommodate the number of students registered for each iteration of the course.

3.2 Equipment: Classroom will be equipped with Audio-Visual Equipment.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E): Except for those items specifically stated to be Government-furnished in paragraph 3.0, the contractor shall furnish everything required to perform the training as indicated in paragraph 5.0.

4.1 Minimum Equipment and Role Players Provided by Contractor to each Student:

4.1.1 Student manual

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

4.1.1.4 Displaying in color the RCTA logo on the front cover

4.1.1.5 Shall not include any other logos

4.1.2 CD’s. Optional, but if provided:

4.1.2.1 Shall display the RCTA logo

4.1.2.2 Shall not include any other logos

4.1.2.3 If used, must be provided to each student

4.1.3 Any additional materials or equipment required to conduct the course, except those specifically indicated as provided by RCTA, shall be provided by the contractor.

4.1.4 Expenses:

4.1.4.1 All travel, lodging and meal expenses will be incurred by the contractor and shall be included in the firm fixed price.

4.1.4.2 All expenses related to printing and delivery of course materials are the responsibility of the contractor and shall be included the firm fixed price.

5.0 Requirement: The contractor shall:

5.1 Provide a Writing Drug Search Warrants and Post Seizure Investigations Courses for up to 40 law enforcement officers per iteration. The Writing Drug Search Warrants course length shall be a minimum of 24 hours of instruction over a period of three (3) class days for the Writing Drug Search Warrant course. The Post Seizure Investigations course length shall be a minimum of 8 hours of instruction over a period of one (1) class day. Contractor shall provide multiple iterations of the course, at dates and locations to be determined, during the contract performance period. The course title may change per RCTA’s needs but the course content will remain consistent with the current trends.

5.2 The Writing Drug Search Warrant course focuses on the constitutional requirements and the fundamentals of obtaining a search warrant; the purpose of the course is to assist the officer in developing the elements of probable cause; articulating such facts in written form and understanding the procedures in executing the search warrants. Topics from a simple drug warrant to transnational criminal organization dismantling will be discussed.

5.3 The Post Seizure Investigations course teaches methods to investigate and determine the origination and destination of drugs and drug currency following a seizure. It is designed to instruct the officer how to continue the investigation, interview suspects and co-conspirators and writing and applying for drug search warrants based on initial investigations.

5.4 Course Content: This course of instruction shall cover the following topics (learning objectives), at a minimum:

Writing Drug Search Warrants:

• Purpose of a Search Warrant

• Basis for the affidavit

• Probable Cause

• Contents of the warrant

• Places to be searched

• Person to be searched

• Property to be seized

• Types of search warrants

• Drugs

• Property

• DNA in Drug Cases

• Paper work

• Bank records

• Special Master for Attorney or Doctor Office

• Sneak and peek warrants

• Knock and notice requirements

• Filing a return with the court

• Sealing an affidavit

• Suppression hearings

• When warrants are not required

This course shall include a pre-test and a post-test to assess students’ understanding and to ensure all learning objectives were met.

Post Seizure Investigations:

• Investigate source and destination of seizure

• Writing and applying for drug search warrants

• Expanding investigations

• Disrupting trafficking organizations

• Interviewing defendants and co-conspirators

5.5 If a slide presentation is used, all slides must display the RCTA logo.

5.6 Target Audience: Up to 40 law enforcement officers and military personnel to include local, state, tribal, and federal law enforcement officers.

TECHNICAL EXHIBIT 1

Performance Requirements Summary

This Performance Requirements Summary indicates the performance standards the Government will use to determine contractor performance. The Government COR will compare the course evaluation for each iteration to the Acceptable Quality Level (AQL) indicated below.

Deliverable Acceptable Quality Level (AQL) Method

Used/Frequency

1. Instructor presentation of information

75% average or above on each class’s evaluation

Course Evaluation / Each Course

2. Instructor knowledge of subject matter

75% average or above on each class’s evaluation

Course Evaluation / Each Course

3. Hands on training of materials 75% average or above on each class’s evaluation

Course Evaluation / Each Course

4. Textbook & handout materials presented to the students

75% average or above on each class’s evaluation

Course Evaluation / Each Course

5. Instruction’s strong points of course

75% average or above on each class’s evaluation

Course Evaluation / Each Course

6. Overall course rating 75% average or above on each class’s evaluation

Course Evaluation / Each Course