DIILS_Performance_Work_Statement.doc

HQ0013-14-R-0002

DIILS Education Support

Performance Work Statement

1.0 General: This is a non-personal services contract to provide legal education and training support services to DSCA for use by the Defense Institute for International Legal Studies (DIILS) in conducting legal education programs for international military members, international civilian government officials and other related officials in furtherance of U.S. national security and foreign policy objectives. The Government shall not exercise any supervision or control over contractor employees performing services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and non-personal services necessary to perform Advisory and Assistance Services set forth in this Performance Work Statement. Except as Specified in Part 3 below, as government furnished property and services at DIILS facilities and at contractor facilities. The contractor shall perform to the standards in this contract.

1.2 Background: DIILS is a Joint Agency Activity, reporting to the Director, Defense Security Cooperation Agency (DSCA). DIILS is responsible for managing; directing and performing Security Assistance Training (SAT) in CONUS and OCONUS locations in support of legally related Security Assistance missions and U.S. foreign policy. The DIILS mission includes forming, preparing, deploying, sustaining, and redeploying Security Assistance Legal Education programs in the form of Mobile Education Teams (METs), Resident Courses on the Naval Station Newport, Rhode Island and other U.S. locations, and other CONUS training. METs are composed of officers (active-duty and reserve personnel) and civilians from the military departments and the U.S. Coast Guard, other executive branch agencies, and prominent civilian legal experts. METs provide legal education seminars for international students at locations outside of the United States. DIILS Resident Courses are presented to international students in the United States using active duty civilian personnel, and contractor personnel for curriculum development, instruction, and administration. Contractor assistance is required to provide legal education services including curriculum development and editing, legal education instruction, facilitation, logistics management, management assistance (including program management services), and administrative assistance in support of the DIILS mission.

1.3 OBJECTIVE. The objective of the DIILS education support services contract is to provide quality professional legal education and training support services for the DIILS international military members, international civilian government officials and other related officials in furtherance of U.S. national security and foreign policy objectives. DIILS education programs are designed to foster internationally recognized principles of human rights, disciplined military operations, and to promote recognition and respect of rule of law principles, and civilian control of the military.

This performance work statement consists of multiple tasks, as outlined below. DIILS requires assistance with the organization and delivery of specialized legal education programs and associated administrative and technical support for seminars and courses both in and out of the United States. Programs vary in length from one week to twelve weeks. DIILS legal education programs require the development of legal education curriculum, and instruction. DIILS legal education programs also require program management and administrative support. Cohesiveness and continuity of services is a high priority. The tasks listed are those that are currently identified. During the course of the contract, tasks may be modified to encompass additional similar tasks or to reduce the scope of the contractor provided support services. All task changes will be incorporated via contract modification. The Government shall provide the contractor with 60 days written notice before significantly reducing the scope of the services or functions required under the contract.

1.4 To perform this work successfully requires special and expert knowledge, skills and experience in disciplines not resident within DIILS. Continued utilization of contractors with specialized knowledge and expertise is required in accomplishing critical, time-sensitive tasks. The support requested is intended to provide products in a wide range of cross-functional areas, as shown in Part 5 below. The specific work effort related to these areas will be explained, prioritized, and further clarified on a regular basis by the COR.

1.5 Period of Performance: The period of performance is for a base period of twelve (12) months and two twelve (12) month option periods. Total contract period of performance including options is thirty-six (36) months.

1.6 Operational Information:

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program (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 quality control program is the means by which it assures itself that work complies with the requirement of the contract. As a minimum, the contractor shall develop quality control procedures that address the areas identified in Technical Exhibit 1, “Performance Requirements Summary”. After acceptance of the quality control plan, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to the QC system. The QCP proposed in the solicitation shall be incorporated into the contract award.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must 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 the minimum acceptable defect rate(s). The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

1.6.3 Recognized Holidays: The contractor will not be required to work the below holidays:

New Year’s Day

Labor Day

Martin Luther King Jr.’s Birthday

Columbus Day

President’s Day

Veteran’s Day

Independence Day

Memorial Day

Thanksgiving Day Christmas Day

1.6.4. Emergency Base or Government Office Closures: When contractor employees are not allowed access to the worksite due to emergency closures, the Government shall not be charged for the previously scheduled work hours, unless the contractor can show work was performed and the Government received a benefit. The contracting officer shall have the option of seeking remedies which permit the contractor to (a) reschedule the time lost due to base closure or (b) report to an alternate duty location.

1.6.5 Hours of Operation at a Government Site: The Contractor shall perform the required services between the hours of 0800 and 1700 Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Immediately prior to and during DIILS courses, contract services may be required outside of the normal hours or on Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Resident courses activities may commence as early as 0700 and conclude late in the evening for evening sessions and late return from trips. Courses may include weekend trips and activities accompanied by contractors. If the base is closed due to weather, contractors may be designated as essential personnel so they can assist IMS who are staying in the BOQ. If contractors cannot get on base, contractor shall be available speak with IMS by phone. The Contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this performance work statement when the Government facility 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. The Contractor must notify the Contracting Officer within 14 calendar days prior to any proposed changes to personnel supporting this effort.

1.6.6 Place of Performance: The principle places for the work to be performed under this contract will be DIILS Naval Station, Newport, Rhode Island with occasional domestic and international travel.

1.6.7 Type of Contract: A hybrid type of contract utilizing Firm Fixed Price, Labor Hour with a Cost Reimbursable CLINs will be awarded. Services described under paragraphs 5.2, and 5.3 will be firm fixed price. Services supported under paragraphs 5.4, 5.5, and 5.6 will be labor hour. Contractor Travel and Other Direct Costs will utilize Cost Reimbursable CLINs.

1.6.8 Security Requirements:

1.6.8.1 The contractor is responsible for safeguarding information of a confidential or sensitive nature. Failure to safeguard any classified/proprietary information which may involve the contractor or the contractor’s personnel or to which they may have access may subject the contractor and/or the contractor’s employees to criminal liability. Provisions of the Privacy Act apply to all records and reports maintained by the contractor. All programs and materials developed at government expense during the course of this contract are the property of the government. At the time that the solicitation is issued, it shall be accompanied by a Contract Security Specification, DD Form 254, Attachment B of the Solicitation. It will be applicable to any contract awarded as a result of this solicitation and will be completed at time of award. Contractor personnel to work at a Government work site shall have a security clearance as required at Section 5.12 of the PWS. In accordance with DoD Directive 5220.22-M, Department of Defense Industrial Security Manual for Safeguarding Classified Information, and any revisions, thereto, as well as Industrial Security Regulation DoD 5220.22-R.

1.6.8.3 Physical Security. The contractor shall be responsible for safeguarding all government property provided for contractor use. When contractors leave work locations, government facilities, equipment, and materials shall be secured.

1.6.9 Special Qualifications:

1.6.9.1 The Government anticipates the following qualifications will be required to perform this effort: (See detailed requirements under Part 5 Specific Tasks)

Personnel performing Curriculum Development (para 5.5) and Instruction (para 5.6) services must have subject matter expertise, specialized education related to the topic involved, and be qualified to teach and prepare lessons in one or more of the following: international relations, international law, administrative law, and other specialized areas of the law applicable to military, international coalition military operations, international organizations, military doctrine and organization and current lessons learned from previous military operations, and other rule of law related topics. Personnel providing primarily legal curriculum development or instruction, excluding Distinguished Instructors, should usually hold a Juris Doctorate degree and be a member in good standing (active or inactive) with the attorney license authority of a state or territory of the U.S. licensed to practice law, in one of the above described entities. Persons providing curriculum development or instruction on non legal topics should have an equivalent related professional degree and/or extensive work experience related to assigned topic area. Instructors must be able to easily communicate with students for whom English is a second language. They must be able to teach complex legal, diplomatic, political and operational concepts and ideas in a way that is easily understood by lawyers, non-lawyers and/or military officers not familiar with the particular law or types of military operations being discussed. Instructors should be familiar with how the topics they are addressing have impacted the countries represented by the student body and be able to incorporate these international similarities and differences in their instruction in a diplomatically sensitive manner. They must also be aware of the U.S. government’s official position in the subject area and be able to explain the position to students. Finally, persons providing curriculum development or instruction should be able to use presentation tools such as Microsoft PowerPoint, Turning Point audience response software and the DIILS web site.

Personnel performing Distinguished Instruction (para 5.7) services should have the same expertise as instructors listed above and be recognized as a high level subject matter expert based on relevant and extensive research or experience.

Program Management (para 5.2) personnel must be able to demonstrate through prior experience ability to organize and implement the logistical and administrative aspects of a complex and multi-faceted legal education program for international students that integrates academic and extracurricular activities in a way that not only imparts the academic subject matter but also enables international students to adjust to and understand U.S. culture and values. They must also have extensive familiarity with relevant government rules and procedures regarding international student management for U.S. security assistance programs and must have prior experience working with scheduling, planning and purchasing budgets and other business operations in support of security assistance education programs including procedures associated with the Field Studies Program. It is essential that they have prior experience demonstrating cross-cultural sensitivity and communication skills needed for working with, assisting and guiding international students. In addition to the qualifications listed above, the Program Manager and Alternate must have senior level management experience and a bachelor’s degree. He/she should have familiarity and experience with Defense Department security cooperation and building partnership capacity activities or commercial equivalent. The contractor will notify the KO in writing of any changes to key personnel prior to their reassignment from the position.

Administrative Support Personnel (para 5.3) should have general knowledge of office procedures and Microsoft Office software. They should be able to operate a digital camera and photograph technology. General knowledge of computer software and audio visual equipment is also required to include Windows Media Player, VLC Player, Adobe Photoshop CS-3, Adobe Acrobat, Turning Point, Microsoft Publisher or other computer hardware or software associated with the DIILS educational mission.

1.6.10 Coordination:

1.6.10.1 The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor’s performance. At these meetings the contracting officer will apprise the contractor of how the Government views the contractor’s performance, and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

1.6.10.2 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue oral or written interpretations of technical requirements,: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and make arrangements for site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the contract.

1.6.11 Key Personnel: The following personnel are considered key personnel by the government:

Program Manager

Instructor

Distinguished Instructor Program Manager: The contractor shall provide a Program Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the program manager is absent shall be designated in writing to the contracting officer. The Program Manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The Program Manager or Alternate shall be available between 8:00 a.m. to 5:00 p.m., Monday thru Friday and at other times of contractor supported operations including Federal Holidays or when the Government facility is closed for administrative reasons.

1.6.12 Identification of Contractor Employees:

1.6.12.1 All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Provisions of the Privacy Act may apply to some records and reports maintained by the contractor.

Contractor personnel shall be required to adhere to the installation security requirements. The performance of this requirement will require the contractor access to classified information. FAR clause 52.204-2, Security Requirements, as required by FAR Subpart 4.404 (a) will be incorporated into the solicitation and contract.

1.6.13 Contractor Travel: Travel outside of DIILS Naval Station, Newport, Rhode Island to other sites may be required for specific tasks, and is forecasted at Section 5.10 of the PWS. All travel requires government pre-approval/authorization and shall be coordinated with the COR. Any projected travel should be submitted to the COR expeditiously to allow necessary time to complete Government approval process. Travel and per diem shall be reimbursed in accordance with the Joint Travel Regulations currently in effect and IAW FAR Part 31.205-46. All travel will be conducted at the minimum cost to the Government. The Contractor shall provide a trip report detailing travelers, activities conducted, results accomplished and expenses incurred to the COR within ten (10) days of the completion of travel.

1.6.14 Organizational Conflict of Interest OCI: Contractor and subcontractor personnel performing work 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 Contracting Officer 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 Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect 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.

1.6.15 Safety. Contractor shall comply with all Federal, State and local authorities having jurisdication, and with safety and fire regulations promulgated by the Department of Labor (OSHA) under Title 29, Section 1900 of the Code of Federal Regulations. Contractor is solely responsible for compliance and cost of compliance with Federal, State and local laws and regulations. Contractor shall provide written notification to the Contracting Officer within twenty-four (24) hours of being notified by any Federal, State or local agency that a safety law and/or regulation has been violated. This report shall provide at a minimum the following: time and date of the occurrence, a description of the violation, required corrective action(s), and a projected correction date.

1.6.17 Inspection and Acceptance Criteria. The COR or technical representative will require up to fifteen (15) working days from receipt of all deliverables for review and comment/acceptance. Government acceptance will be based upon the deliverables meeting accepted professional standards for technical content, workmanship, and relevance to stated functional task requirements.

1.6.18 Reporting

1.6.18.1 Contractor will, in addition to invoice requirements, submit a monthly financial report to the Contracting Officer and COR that includes all labor and travel costs incurred by the contractor. The report shall be formatted to provide breakout of labor hours per employee and related costs for the current period to date and the total amount expended to include the remaining balance on each contract CLIN. This format allows efficient, effective and accurate tracking and provides effective insight into declining funds availability.

PART 2

DEFINITIONS AND ACRONYMS

2. DEFINITIONS AND ACRONYMS.

2.1 DEFINITIONS:

Advisory and Assistance Services (AAS). means those services provided under contract by nongovernmental sources to support or improve: Organizational policy development; decision-making; management and administration; program and/or project management and administration; or R&D activities. It can also mean the furnishing of professional advice or assistance rendered to improve the effectiveness of Federal management processes or procedures (including those of an engineering and technical nature). In rendering the foregoing services, outputs may take the form of information, advice, opinions, alternatives, analyses, evaluations, recommendations, training and the day-to-day aid of support personnel needed for the successful performance of ongoing Federal operations. All advisory and assistance services are classified in one of the following definitional subdivisions:

(1) Management and professional support services, i.e., contractual services that provide assistance, advice or training for the efficient and effective management and operation of organizations, activities (including management and support services for R&D activities), or systems. These services are normally closely related to the basic responsibilities and mission of the agency originating the requirement for the acquisition of services by contract. Included are efforts that support or contribute to improved organization of program management, logistics management, project monitoring and reporting, data collection, budgeting, accounting, performance auditing, and administrative technical support for conferences and training programs.

(2) Studies, analyses and evaluations, i.e., contracted services that provide organized, analytical assessments/evaluations in support of policy development, decision-making, management, or administration. Included are studies in support of R&D activities. Also included are acquisitions of models, methodologies, and related software supporting studies, analyses or evaluations.

(3) Engineering and technical services, i.e., contractual services used to support the program office during the acquisition cycle by providing such services as systems engineering and technical direction (see 9.505-1(b)) to ensure the effective operation and maintenance of a weapon system or major system as defined in OMB Circular No. A-109 or to provide direct support of a weapon system that is essential to research, development, production, operation or maintenance of the system.

Affiliates. means associated business concerns or individuals if, directly or indirectly--

(1) Either one controls or can control the other; or

(2) A third party controls or can control both.

For this contract, Officers or employees of the prime contractor and first tier subcontractors involved in the program and technical decision making process concerning this contract can be considered affiliates.

Contracting Officer (KO). A person duly appointed with the authority to enter into and administer contracts on behalf of the U.S. Government.

Contracting Officer’s Representative (COR). A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor.

Defective Service. A service output that does not meet the standard of performance associated with it in the Performance Work Statement.

Interest. Organizational or financial interest.

Government Furnished Property (GFP). Property in the possession of, or directly acquired by the Government and subsequently made available to the contractor.

Government Property. All property owned or leased to the Government or acquired by the Government under the terms of the contract. Government property includes both Government furnished property and contractor acquired property as defined in FAR 45.101.

Government Furnished Material (GFM). Material in the possession of, or directly acquired by, the Government and subsequently made available to the contractor.

Government Material. All material that may be incorporated into or attached to a deliverable end item or that may be consumed or expended in performing a contract, i.e., raw and processed materials, small tools, supplies component parts, raw and processed materials.

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

Quality Control. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Quality Assurance. Those actions taken by the government to assure services meet the requirements of the Performance Work Statement.

2.2. ACRONYMS:

AAS. Advisory and Assistance Services

DIILS. Defense Institute of International Legal Studies

DoD. Department of Defense

IAW. In Accordance With

OCI. Organizational Conflict of Interest

ODC. Other Direct Costs

PRS. Performance Requirements Summary

PWS. Performance Work Statement

QC. Quality Control

QDR. Quadrennial Defense Review

UIC. Unit Identification Code

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.1 GENERAL: The government shall provide, the facilities, equipment, supplies, materials, and/or services listed below.

3.2 Equipment and Information: When authorized by the COR to perform on-site at Government facilities, adequate workspace, including desks, computer workstation setup, telephone, and other necessary equipment or supplies will be provided by the Government. The government will provide the contractor access to regulations, directives or other policy documents required to complete this task. The contractor may be tasked to make recommendation for supplies and equipment needed and to prepare for signature government forms used to order supplies.

PART 4

CONTRACTOR FURNISHED

4.1 General: Except for those items specifically stated to be government furnished in Part 3, the contractor shall furnish everything required to perform this PWS.

PART 5

SPECIFIC TASKS

5. SPECIFIC REQUIREMENTS.

5.1. Basic Services. The Contractor shall provide DIILS the necessary non-personal education support services for the following tasks:

5.2. PROGRAM MANAGEMENT. Plan, coordinate, and ensure delivery of contractor support of DIILS legal education programs according to a schedule and within a budget set by DIILS. Program management of contractor operations in support of DIILS legal education programs include the supervision and scheduling of contractor personnel, billing, progress reports and recruitment of contractor personnel. The contractor shall also ensure the completion of logistical tasks that involve planning, scheduling, preparing, budgeting, organizing, and managing specified services required for successful delivery and continuation of DIILS legal education programs and participants. These tasks may include assistance with collecting, analyzing, reporting on and disseminating information regarding DIILS programs. The contractor will perform tasks such as research or completion of request forms that assist government employees in making arrangements for safe, reliable, and comfortable transportation services Actual disbursement of Federal or trust funds or commitment of the U.S. Government to binding obligations will be accomplished by the appropriate Federal employees or military personnel. Program Management may also include providing student support services prior to and during Resident Courses. Resident Course student support tasks may include updating student information on web sites, provide students with information about living and travel arrangements, assisting with Field Studies Program (FSP) activities, and collecting information for and updating student records.

5.3. ADMINISTRATIVE ASSISTANCE. The contractor shall provide administrative assistance in support of DIILS legal education programs and participants. This assistance may include, but not be limited to typing, word and data processing, photography, preparation of reports, mailing, filing, organizing, bookkeeping and other tasks responding to the daily administrative needs of the students and staff involved in the preparation and delivery of DIILS legal education programs. These tasks may include setting up and troubleshooting audio visual and computer equipment in cooperation with technical support personnel associated with DIILS and advising students and staff on how to use computers, associated software and audio visual equipment. Tasks may also include assembling and formatting written materials.

5.4. CURRICULUM DEVELOPMENT. The contractor shall support DIILS curriculum development by providing written legal and legally related materials such as study guides, text materials and lecture notes that students use in class, and as reference materials. DIILS curriculum materials are typically extensive and often include intricate exercises and case studies that promote student comprehension of key concepts. Contractor support to curriculum development involves the development and writing of legally related curriculum within specific legal education guidelines and objectives provided by DIILS. This curriculum must be up-to-date, and it must be written in a manner that is easily understood by students for whom English is a second language. The materials must be able to express often complicated legal, diplomatic, political, and operational concepts in a manner that will be easily understood by lawyers, non-lawyers, and military officers who are not familiar with either the law or the specific types of military operations being addressed by the course. Materials must be organized to both promote the learning objectives of the course(s) and ensure the appropriate sequential flow of the course. Study materials may contain, as appendices, key legal documents or professional papers or treatises that can be used by the student for reference in class or during independent study. The contractor will be capable of working collaboratively with other developers and guest speakers to ensure that DIILS education objectives are achieved. Curriculum development includes correcting any discrepancies from education guidelines identified by DIILS staff. Curriculum development could also include time spent in preparation for specific assigned instruction using existing DIILS curriculum or advising other DIILS instructors on how to use existing curriculum. Curriculum development may involve the use of specified delivery tools such as Microsoft Power Point, Turning Point Audience Response System or the DIILS GlobalNET web site.

5.5 INSTRUCTION. The contractor shall provide knowledgeable and experienced instructors, including course instructors and guest instructors, for designated DIILS legal education programs with legal or related subject matter expertise and specialized education, and/or experience. Instructors will be required to communicate with students who are not native English speakers. Instruction will cover legal, diplomatic, political, and operational concepts and ideas that are difficult to understand by non-native English speakers and must be carefully explained to lawyer and non lawyer international students. Instruction should take into account and include where appropriate reference to U.S. government positions and actions and the positions and actions of other countries. Instruction may include providing well informed and relevant responses to student questions and leading students in organized discussion education exercises in the classroom or via the DIILS web site. Instructors may also be called upon to assist and oversee students in the development of student presentations. Instruction may involve the use of specified delivery tools such as Microsoft Power Point, Turning Point Audience Response System or the DIILS GlobalNET web site.

5.6 DISTINGUISHED INSTRUCTION. DIILS legal education programs may require the instructional services of highly qualified instructors who draw on their current unique personal experience or extensive knowledge about a topic of relevance to provide highly specialized instruction not within the capabilities of other instructors who lack the special qualifications of a Distinguished Instructor. Such instructors are often distinguished by their prior career assignments, personal experience and/or their extensive research and writing in a particular subject area. The contractor may be tasked to facilitate arrangements for individuals to serve as Instructors and Distinguished Instructors will normally be employed for a limited portion of a DIILS legal education program.

5.7 DELIVERABLES.

5.7.1 As requested conduct or support Field Studies visits scheduled for listed courses as planned.

5.7.2 Arrangements for or support for travel, lodging and administrative support for international students in support of the listed courses; include arrival schedule of students. (See listing of potential CONUS courses below).

5.7.3 Preparation and distribution of course materials for distribution to students via web site or print.

5.7.4 As requested preparation and coordination for production of student photo books of approximately 35 pages for each course.

5.7.5 As requested instruction in lecture and discussion group format in person or through computer communications. Submit resumes of distinguished guest instructors and visitors.

5.7.6. Bi-monthly progress report. One page narrative describing workload completed and anticipated. Should include vacation/leave schedule of staff.

5.7.7. Provide bi-weekly status of OCONUS METS including scheduling and cost estimates when required.

5.8 Travel: Travel must be preapproved by the COR as required in support of this PWS.

5. 8.1 As requested by the government and in support of the stated tasks and deliverables, the contractor will be required to travel within the United States and internationally as reflected in Technical Exhibit 3, Course Schedule.

5.8.2 Travel and per diem shall be reimbursed in accordance with the Joint Travel Regulations currently in effect and IAW FAR Part 31.205-46. All travel will be conducted at the minimum cost to the government. The Contractor shall provide a trip report detailing travelers, activities conducted, results accomplished and expenses incurred to the COR within 10 days of the completion of travel.

5.9 Security Requirements - (OPSEC, PHYSICAL, PERSONNEL, INFORMATION, ANTI-TERRORISM AND FORCE PROTECTION REQUIREMENTS)

5.9.1 The overall classification of work associated with this PWS is at the UNCLASSIFIED. However, all personnel working at DIILS must hold a SECRET or Interim SECRET security clearance. Contractor personnel with Interim SECRET security clearance must have a final SECRET within 6 months of the date performance commences. Non-US Citizens are not permitted on this contract; personnel with dual citizenship may be permitted on the contract dependent upon ability to obtain a SECRET clearance. The costs of obtaining and maintaining required security clearances shall be the responsibility of the contractor. Investigative requirements for SECRET eligibility and access are outlined in this section of the PWS. A DD 254 shall be completed by the contractor for classification and subsequent security requirements for the contractor, any subcontractors, and personnel assigned to this contract.

5.9.2 Contract personnel working in support of this contract will require a favorably completed ANACI or NACLC, resulting in final SECRET eligibility when adjudicated the Defense Industrial Security Office or another recognized clearance adjudication facility provided they have been claimed in JPAS as an industry contractor for the awarded company.

5.9.3 Upon award of this contract, names and social security numbers (SSN) of contract employees working on this contract will be submitted to DIILS Security Officer. DIILS requires a Visitor Authorization Request (VAR) to be submitted to DIILS Security signed by the FSO verifying the contractor personnel security credentials. If a contract member does not have the appropriate investigative or security clearance requirement the contract employee will be denied the ability to work in support of this PWS.

5.9.4 Any visit(s) to DIILS by contractor personnel not physically/permanently assigned to this contract (company presidents, company security managers, contract employees, etc) require an escort by the DIILS POC they are visiting.

5.9.5 Upon completion of this contract, the contract employee will surrender all government supplies, materials and equipment to the COR/designated government representative. Upon the completion of the contract, the contractor is required to out-process with DIILS Security 5.11.6 For Official Use Only (FOUO) applies for all unclassified material. For information and regulatory guidance for FOUO refer to DoD 5200.1-R, Appendix 3 and the Under Secretary of Defense for Intelligence memorandum, "Interim Information Security Guidance," dated 16 April 2004, (http://www.fas.org/sgp/othergov/dod/dod041604.pdf), for specific guidance on the handling & safeguarding of FOUO information. Contract companies can be held under punitive damages for releasing FOUO information outside government computer systems without prior authorization from DSCA Information Security Officer or COR.

5.9.6 All reports/products completed by contract staff will be marked with applicable FOUO or derivative classified markings depending on the highest level of information contained in the reports, products and briefings. The DoD regulation that governs safe guarding classified information is the DoD Information Security Program 5200.01 Volume 1-4.

5.9.7 Records, data, and information to which the contractor has access may be highly sensitive and considered proprietary in nature. The contractor shall not divulge any information about DIILS files, data processing activities or functions, user IDs, passwords, or any other knowledge that may be gained as a result of these tasks to anyone who is not authorized to have such information. The contractor shall observe and comply with all DoD Security Directives, Regulations and Policies in effect at the DIILS facility. The Contractor must be able to comply with information contained on DD Form 254.

5.9.8 If the Government notifies the contractor that the employment or the continued employment of any contractor employee is prejudicial to the interests or endangers the security of the United States of America, that person will be removed and barred from the worksite. This includes security deviations/incidents and credible derogatory information on contract members during the course of the contract period. The awarded contract company shall make any changes necessary in the appointment(s). Security incidents involving contractors will be posted by DSCA Security personnel and the details forwarded to DISCO and the contractor FSO for action.

5.10 Copyright Considerations. In conducting work under this contract, course materials, texts, audio and video training aids, materials, and equipment are developed. The Contractor, in the normal course of contract performance, contributes and/or assists in this effort. Since these original materials are produced specifically for the Government and are produced using Government materials and equipment, all rights to these materials belong to the Government. The Contractor waives all right to and claims for compensation against these materials, other than the normal compensation for performance of the contract.

5.11 Contractor Training. Within ten working days of award of this contract or 10 days of employment , the Contractor shall insure that all contractor employees who work as program managers or administrative assistants complete annual Government-furnished training in Information Assurance, Privacy Act, Operational Security and other assigned training required. Any Contractor behavior deviating from standards taught in the course shall be grounds for termination of the contract.

5.12. The Contractor shall prepare, update and present include cost to date fiscal data for labor hour and cost reimbursable clins and an final report that includes accomplishments during the base period and any optional year. The Contractor shall designate one main point of contact for all issues related to performance of this contract and identify other critical personnel/points of contact for this requirement.

5.13 CONTRACTOR MANPOWER REPORTING. The contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Defense Security Cooperation Agency via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at: http://www.ecmra.mil/

PART 6

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP).

6.0 Purpose. The role of the government in quality assurance is to ensure contract standards are achieved. The purpose of the QASP is to identify the methods and procedures the government will use to evaluate contractor actions while performing the requirements in the Performance Work Statement (PWS). It is designed to provide an effective surveillance method by monitoring contractor performance for each listed performance objective in the Performance Requirements Summary for the Consulting and Advisory Services contract.

The QASP provides a systematic method to evaluate the services the contractor is required to furnish. The QASP is based on the premise the government desires to maintain a quality standard for Consulting and Advisory Services and that a service contract is the best means of achieving that objective.

The QASP has been developed by the requiring activity. It is designed to provide direction to personnel performing contract surveillance activities. Personnel surveying the contract terms and conditions and Performance Work Statement requirements will periodically review the QASP throughout the life of the contract.

6.2 Contracting Officer Representative (COR). The COR is responsible for quality assurance guidance and to ensure that contract quality requirements, provision, standards, and thresholds are defined, practical, enforceable, necessary, and verifiable.

6.2.1. The COR evaluates and documents contractor performance in accordance with the QASP and PWS.

6.2.2. The COR notifies the Contracting Officer of any significant performance deficiencies.

6.2.3 The COR maintains surveillance documentation.

6.2.4. The COR recommends improvements to the QASP and PWS throughout the life of the contract.

6.3 Contracting Officer (KO). The Contracting Officer is responsible to safeguard the interests of the United States in contractual relationships. Only the contracting officer is authorized to bind the government and then, only to the extent of the authority delegated to them through the issuance of a warrant.

6.3.1 The KO delegates authority for inspection and/or acceptance in accordance with the terms of the contract.

6.3.2 The KO informs the contractor of the names, duties, and limitations of authority for all quality assurance personnel assigned to the contract.

6.4 Scope of Work. The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items necessary to provide education support services for the Defense Institiute of International Legal Studies (DIILS) program, as defined in the Performance Work Statement (PWS).

6.5 Quality Control Program. The contractor, not the government, is responsible for management and quality control actions to meet the terms of the contract.

The quality control program is the driver for quality. The contractor is required to develop a comprehensive program of inspections and monitoring actions. The first major step to ensuring a “self-correcting” contract is to ensure that the quality control program, approved at the beginning of the contract, provides the measures needed to lead the contractor to success.

Once the quality control program is accepted, careful application of the process and standards presented in the remainder of this document will ensure a robust quality assurance program.

6.6 Surveillance Schedule. The Contracting Officer Representative (COR) will develop a surveillance schedule. Copies of the schedule shall be sent to the contract administrator five calendar days prior to the start of the month. The schedule shall be marked “FOR OFFICIAL USE ONLY”. Changes to the surveillance schedule will be posted and copies sent to the contract administrator. Include documentation regarding reason for changes.

6.7 Surveillance Methods. This QASP shall incorporate a combination of 100% Inspection and Validated Customer Complaint, where applicable, as the approach to ensure the contractor complies with the PWS requirements. Re-performance at no cost to the Government is the preferred method of correcting any unacceptable performance.

6.7.1 Validated Customer Complaint. All Performance Requirements (PRs) will be surveilled using this surveillance method. Anyone who observes unacceptable services, either incomplete or not performed, should immediately contact the COR. The COR will conduct an investigation to determine the validity of the complaint. If the COR determines the complaint to be valid, the COR will document the findings and notify the customer and the contractor. The COR will retain the annotated copy of the written complaint for the government’s files. If the complaint is valid, the contractor will be given four hours to correct the defect.

6.7.2 The COR should inform the customer the approximate time the defect will be corrected and advise the customer to contact the COR if the defect is not corrected. The COR will consider the customer complaint resolved unless notified otherwise by the customer.

6.7.3 The contractor shall return the written customer complaint document to the COR, completed with the actions taken to correct the defect. The government will retain this document to ensure the contractor has taken appropriate action(s) to prevent the recurrence of defects. The COR will retain and file the complaint form. At the end of each month, all validated complaints will be counted to determine if performance is satisfactory or unsatisfactory based on the criteria in the Performance Requirements Summary.

6.7.4 Periodic Surveillance. PRs #1 and 3will be surveilled using the periodic surveillance method of surveillance.

6.7.5 100% Inspection. All PRs will include this method of surveillance for all deliverables.

6.7.6 Surveillance Team. The surveillance team consists of the following key players: Contracting Officer Representative, and Contracting Officers.

6.7.7 Unacceptable Performance. If the number of complaints/defects exceeds the performance threshold for any objective, the COR will determine the possible cause of this unacceptable performance.