PERFORMANCE WORK STATEMENT.International Instructor.WTCP.pdf

PERFORMANCE WORK STATEMENT

International Instructor, Wildlife Trafficking Cybercrime Program U.S. Fish and Wildlife Service, Office of Law Enforcement (OLE)

Glynco, GA

I. General Information

General/Introduction: This is a non-personal services contract to provide training missions specifically for the Wildlife Trafficking Cybercrime Program. These foreign training missions are in support of counter wildlife trafficking (CWT) law enforcement training missions conducted by Attachés, Special Agents, Wildlife Inspectors and Adjunct Instructors in Africa, Southeast Asia, Europe, Central and South America.

The one-week curriculum provides an overview of various wildlife trafficking investigative topics which are reinforced through field exercises. The WTCP curriculum focuses on; digital evidence; forensics and crime scene processing; surveillance; raid planning; and court preparation. It encourages interaction between instructors and class participants and concentrates on exchange of information and techniques by FWS in combating wildlife trafficking using investigative techniques in the United States. Participants are also given the opportunity to use field equipment that supports wildlife investigations. The course emphasizes the importance of developing and maintaining national contacts to exchange intelligence between agencies, this open dialogue throughout the course provides the opportunity for host nations to gain insights on specific wildlife trafficking problems being faced by the participating countries.

Instructors offer techniques and methods available to combat specific wildlife investigative issues. This exchange of intelligence and cooperation on investigations is crucial in combating international wildlife trafficking.

The instructor will also provide the BTI with a secure virtual delivery platform (VDP) along with a learning management system (LMS) that will facilitate both domestic and international online law enforcement instruction/training for up to 60 participants at a time and up to 50 sessions for all virtual Fish & Wildlife International Programs (FWIP) training missions for 2021. This instruction/training will be delivered in – synchronous, asynchronous and blended online learning modalities. These modalities will require the ability to deliver instruction in multiple foreign languages while facilitating the use of: audio/videos, pre-recorded presentations, chat and hand raising capabilities, breakout rooms, sharing of documents, question and answer sessions, screen sharing, whiteboards, survey/polling, discussion boards and recording. Vendor will be reimbursed for all LMS and VDP actual cost and this will be handled via contract modification once prices are known.

The Government shall not exercise any supervision or control over the contract service provider(s) performing the services herein. Such contract service provider(s) shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform work services as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Period of Performance: The Period of Performance shall be on or about 22 February 2021 thru 21 February 2022. One Option Year is included in this Order and may or may not be exercised at the discretion of the Government. In the event of uncontrollable occurrences (i.e. pandemic, natural disaster, defense against attack on the USA, Federal furlough, etc.) affecting completion of this work, the Government may elect to terminate the contract for the convenience of the Government or allow for an extension of the contract due to excusable delays.

1.3 Place of Performance: Office of Law Enforcement, Branch of Training and Inspection, Federal Law Enforcement Training Center (FLETC), Glynco, GA will be the reporting office. Remote work is required from home. No remote office space will be provided.

1.4 Type of Contract: This is a Fixed Price contract. NOTE: In the event of uncontrollable occurrences (i.e.

pandemic, natural disaster, defense against attack on the USA, Federal furlough, etc.) affecting completion of this work, the contractor shall only bill for work commensurate with the amount of work completed up to the date and time of the uncontrollable occurrence. Any remaining funds will be de-obligated from the Order without further claim or compensation, including under a Fixed-Price contract/Order.

1.5 Security Requirements: National Agency Check and Inquiries background investigation performed which requires (responsibility of Contract Company or third party entity for single proprietor).

1.5.1 NCIC check

1.5.2 Provide prior background security clearance from previous agency

1.6 Physical Security: As applicable, the Contractor shall be responsible for safeguarding all government equipment, information, files, and property provided for Contractor use for purposes of performing duties required under the contract/Order. At the close of each work period, government facilities, equipment, materials, and files shall be secured.

1.7 Access

1.7.1Key Control: N/A

1.7.2 Government System Access:

1.8 Special Qualifications: N/A

1.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference or progress meetings convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), Government/Site Representative (GR/SR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance and/or status of work. At these meetings, the Contracting Officer or its representative (COR/SR) will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems being experienced, if any. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.10 Contracting Officer Representative (COR)/Site Representative (SR): The COR/SR will be identified by either separate letter or other form of notification. The COR/SR monitors all technical aspects of the contract and assists in contract administration. The COR/SR 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 written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR/SR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR/SR, especially with regard to changes in cost or price, estimates or changes in delivery/performance dates. The COR/SR is not authorized to change any of the terms and conditions of the resulting contract/Order or obligate the Government to any funding changes. The Contractor shall not perform any services or additional services or purchase any supplies or equipment causing an increase in the funded contract value without prior and written consent of the designated Contracting Officer. To do so will be at the Contractor’s own risk and expense with no allowance for equitable adjustment.

1.11 Key Personnel: The follow personnel are considered key personnel by the Government: Contract Manager/Administrator and Project Manager/Supervisor. The Contractor shall provide a contract/project 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 manager is absent shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between normal business hours.

1.12 Identification of Contractor Employees: All Contractor personnel attending meetings 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.

1.13 Data Rights (If applicable): The Government has unlimited rights to all documents/material produced under this contract/Order. All documents and materials, to include the source codes of any software, produced under this contract/Order 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 Contracting Officer. 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.

1.14 Definitions and Acronyms:

1.14.1) DEFINITIONS: [Terms used within the PWS that require further definition].

1.14.1.1 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.

1.14.1.2 CONTRACTING OFFICER. 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.

1.14.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to perform specific technical functions or administrative functions on contracts or orders. Such appointment shall be in writing and shall 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.

1.14.1.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

1.14.1.5 DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

1.14.1.6 GOVERNMENT/SITE REPRESENTATIVE (GR/SR). An employee of the U.S. Government designated by the contracting officer to act as an authorized local representative in monitoring contractor performance and assisting with specific administrative oversight. This individual has authority to provide limited 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.

1.14.1.7 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 Key Personnel listed in 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.

1.14.1.8 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

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

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

1.14.1.11 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

1.14.1.12 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

1.14.1.13 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

1.14.1.14 WORK WEEK. Monday through Friday, unless specified otherwise.

1.14.2) ACRONYMS: NOTE: Acronyms listed below may or may not be applicable under this contract order.

ACOR Alternate Contracting Officer's Representative ASAC Assistant Special Agent in Charge BTI Branch of Training and Inspection CFR Code of Federal Regulations CO Contracting Officer CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DOI Department of the Interior FAR Federal Acquisition Regulation

FWS Fish and Wildlife Service GIS Geographic Information Systems GPS Global Positioning System GR Government Representative HIPAA Health Insurance Portability and Accountability Act of 1996 JAO Joint Administrative Operations JFTR Joint Federal Travel Regulations MOA Military Operating Area MPH miles per hour MSDS Material Safety Data Sheet NWR National Wildlife Refuge NWRS National Wildlife Refuge System OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OLE Office of Law Enforcement PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program Ref Reference RAC Resident Agent in Charge SAC Special Agent in Charge SR Site Representative TE Technical Exhibit US/A United States/of America

II. Background

2.1 This non personal service requirement is for an International Instructor. The contractor will independently provide support services to satisfy the overall operational objectives of the U.S. Fish and Wildlife Service/Office of Law Enforcement (OLE). The primary objective is to support OLE, Branch of Training and Inspection (BTI) international training missions. The training missions are specifically for the Wildlife Trafficking Cybercrime Program. The one-week curriculum provides an overview of various wildlife trafficking investigative topics, which are reinforced through field exercises. The WTCP curriculum focuses on; digital evidence; forensics and crime scene processing; surveillance; raid planning; and court preparation.

III. Scope

3.1 Objective: Provide international instructor to offer techniques and methods available to combat specific wildlife investigative issues. This exchange of intelligence and cooperation on investigations is crucial in combating international wildlife trafficking.

3.2 Key terms and conditions: All training products will remain the property of the Branch of Training and Inspection and will not be reproduced or shared without the SAC of the Branch of Training permission. The instructor may not retain, after separation, any equipment, work product or training materials produced in support of the WTCP missions.

3.2.1 Key Personnel Clause: The key personnel specified are considered to be essential to work performance. The instructor must submit in writing at least 45 days prior to postponement or cancellation of any specified training mission for inability to perform. The instructor shall notify the SAC of BTI and submit a justification for the diversion or replacement request to alter training missions and the impact on performance under this contract. The instructor shall not divert or otherwise replace key personnel on training missions without the written consent of the SAC of BTI.

3.3 Operational Hours: Work will be performed to satisfy the Tasks/Services and Deliverables in this Statement of Work excluding federally recognized holidays.

IV. Applicable Directives

4.1 Travel: The contractor will be required to travel to other locations in support of the tasks described in this performance work statement. Prior to incurring any travel expenses, contractor personnel must obtain written authorization from the Contracting Officers Representative (COR) that approves approximate travel, dates, expected duration, origin and destination, purpose, estimated costs and the number and names of personnel traveling. Contractor is expected to use established GSA domestic and State Department foreign per diem rates. Contractor expense reports shall be prepared and processed in accordance with the Federal Travel Regulation (FTR).

4.1.1 This positions are estimated to have between 7 to 8 WTCP virtual and/or in-person international training missions per year. Each international training mission will be 1 to 2 weeks in duration in foreign countries. The WTCP international instructor will be required to travel to each training location. If the course is being conducted virtually through an online platform the contractor will travel to the location the course is being produced from.

The instructor will be required to travel domestically to BTI on as needed basis. Additional international training missions will be assigned as needed and at the availability of the instructor.

4.2 OSHA (as applicable)

V. Specific Tasks

5.1. Develop training programs related to international wildlife trafficking investigations in close consultation with OLE Special Agents, Digital Evidence Recovery and Technical Support Unit (DERTSU) staff, Wildlife Inspectors and the International Operations Unit (IOU). There are estimated seven (7) Wildlife Trafficking Cybercrime Program (WTCP) international training missions annually that this instructor will directly support. There are additional international training programs per year to include the International Conservation Chiefs Academy (ICCA) and ICCA alumni events and project management of the OLE Cellebrite Program that this instructor will support. Future training programs may be added and supported by the International Instructor.

5.2. Under the guidance of the specific program managers, provide support and functionality to the VDP and the LMS provided by the contractor and approved by the BTI.

5.3. Maintain liaison with the Service, International Affairs (IA) and other US Government (USG) officials to facilitate WTCP specific training needs.

5.4. Research and develop course curriculum(s) related to systemic wildlife trafficking cybercrime issues such as trade routes, species impacted, and related criminal activities associated with wildlife trafficking cybercrimes.

5.5. Produce and implement virtual training for the WTCP using virtual display platform.

5.6. Manage coordination of venues and logistics of WTCP international training missions.

5.7. Travel both internationally and domestically to participate in international training and capacity building missions.

5.8. Facilitate lectures, discussions, demonstrations, workshops, classroom, laboratory and practical exercises for advanced law enforcement courses and topics in support of the WTCP international training missions.

5.9. Coordinate training needs assessments, analyzes data, evaluates and identifies specific technical training needs, and recommends appropriate changes, modifications or additions to assure compliance with wildlife cybercrime standards and policies.

5.10. Maintain liaison with BTI staff who will assist in training missions for the WTCP. Attend meetings and review and comment on, curricula, instructional methods, instructor qualifications, training aids and adequacy of facilities.

5.11. Maintain liaison with U.S. and foreign government officials, embassy staff, non-governmental organizations (NGOs) and other state/federal/foreign conservation partners in coordination of WTCP foreign training missions.

5.12. Assists with identifying training needs for foreign nationals; developing and revising course content, delivery of materials as the result of policy change or new developments in the field of wildlife cybercrimes; conducting classroom training; evaluating student performance; researching and developing new teaching techniques in cybercrime law enforcement.

5.13. Contractor is responsible for producing and delivering “End of Course” reports after each WTCP training mission.

5.14. Contractor makes decisions that are in the best interest of the WTCP, Service and BTI to accomplish the training mission.

VI. Work time/hours of duty

6.1 Work will be performed to satisfy the Tasks/Services and Deliverables in this Performance Work Statement excluding federally recognized holidays.

6.2 Hours of Operation: Hours is arranged with the COR in respects to the training curriculum. Work shall not be performed when the Government facility is closed due to local or national emergencies, administrative closings, furloughs, or similar Government directed facility closings. The Contractor will not be reimbursed or otherwise paid when the Government facility is closed for the aforementioned (but not limited to) reasons, unless an exception exists as determined by the Contracting Officer/Government. The Contractor must maintain an adequate workforce at all times for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the aforementioned reasons. When hiring Contractor personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

VII. Supplies, Materials, Equipment, Facilities, and Utilities

NOTE: As a Government agency dedicated to “working with others to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people,” the FWS strives to incorporate the most ecologically sound and environmentally beneficial technologies, materials, and practices into all aspects of planning and operations. To help achieve this mission and meet Executive Orders (EOs) and DOI planning requirements, the FWS has implemented strategies to reduce the environmental impacts associated with procurement, lease acquisition, waste prevention and recycling, facility design, construction, operation and management, contracting and permitted commercial visitor services. These strategies have been collectively referred to as the USFWS’s Green Procurement and Waste Prevention & Recycling Program (Greening Program) and are a part of the FWS’s overall approach to environmental management.

7.1 Government-Furnished Property and Services: The Government will provide the Contractor with the following items:

7.1.1) Services/Supply: none

7.1.2) Facilities: none

7.1.3) Utilities: none

7.14) Equipment: The Government will provide contractor personnel with PIV Smart Card, and computer with access to the virtual private network (VPN).

7.1.5) Materials: none

VIII. Supervision

8.1 In order to ensure performance and accomplishment of the work as outlined herein, the Contractor shall provide adequate and competent supervision at all times for all work to be accomplished by the Contractor’s employees. When contract work is in progress, supervisory personnel shall be available at all times to receive and/or approve documents, notices, reports, or requests from the CO/COR/SR or other authorized individuals.

At no time shall Government representatives direct or supervise the activities of the Contractor’s employees.

8.2 On-site Supervision: N/A.

8.3. Supervisory Responsibilities: Supervisory responsibilities shall include, but shall not be limited to, the following:

8.3.1) Provide an adequate labor force; this includes the immediate replacement of personnel dismissed for cause or leaving employment of their own volition. The requirement shall not be made the basis of any claim for compensation or damages against the USA or any of its officers or agents.

8.3.2) Ensure that Contractor personnel are properly trained to perform their assigned work in a proper, safe, and efficient manner, and ensuring that the proper supplies, materials, and equipment are on hand.

8.3.3) Take action to prevent general carelessness by employees and/or abuse of facilities, equipment, files, and/or systems.

8.3.4) Establish an effective and comprehensive safety program as applicable.

8.3.5) Indoctrinate employees to report fire, hazardous conditions, maintenance deficiencies, and graffiti as applicable.

8.3.6) continually ensure that the conduct of the Contractor’s employees reflects favorably upon the Contractor’s and FWS organization(s). If applicable, supervisory personnel are responsible for ensuring that employees fully support and participate in the energy-conservation program within the facilities. Use lights or other energy-consuming equipment only in areas where and when work is actually being performed. Secure lights and other equipment when not in use or needed.

IX. Contractor Personnel Qualifications

9.1. Prior OLE supervisory experience at a RAC, ASAC, or SAC level

9.2. Prior oversight of national OLE computer forensic program

9.3. Prior law enforcement experience

9.4. Prior BTI international training experience

9.5. Prior BTI instructor experience

9.6. Prior computer forensic training experience

9.7. Prior Cellebrite program management

9.8. International travel experience

9.9 International training experience

9.10. Prior wildlife law enforcement experience

9.11. Prior OLE investigative experience

9.12. Federal Law Enforcement Training Center (FLETC) training experience

9.13. OLE Leadership Training

9.14. Proficient in Microsoft Office software programs i.e. PowerPoint, EXCEL, Word.

9.15. Ability to learn WonderShare and Filmorama programs

9.16. Ability to manage training scheduling system

X. Deliverables/Performance Requirement

10.1 End of Course Report; due at the end of each WTCP mission

10.2 Produce training curriculum for each WTCP mission

10.3 Complete a training plan for each WTCP mission

10.4 Produce lesson plans for each WTCP course

10.5 Implement and instruct using a virtual display platform

10.6 Coordinate with Adjunct Instructors for each WTCP mission

10.7 Manage the Adjunct Instructor travel, course of instruction and translation needs for the WTCP

10.8 Coordination with the contract travel clerk for travel assignments in support of all the WTCP missions.

10.9 Produce changes to presentations 90 days in advance of training missions.

10.10 Produce, review and assure presentations are translated into host country language for each WTCP mission.

10.12 Provide post course testing and evaluations

10.13 Provide post course photos and video to be utilized by the Service and BTI to promote training accomplishments.

10.14 Assist as an instructor on non WTCP/FWS International Training Program missions (FITP) as available.

10.15 Vendor will provide up to 50 sessions of an on demand learning management system and virtual delivery platform for all virtual FWIP training missions for 2021. Vendor will be reimbursed for all LMS and VDP actual cost.

PERFORMANCE WORK STATEMENT