ATCH_1_PWS.pdf

Performance Work Statement (PWS)

Technical Instructor Services for

Development, Management, and Control of Drug Informants

1.0 General:

1.1 Background: Midwest Counterdrug Training Center (MCTC) Overview. The Midwest Counterdrug Training Center (MCTC) is one of five (5) National Guard Counterdrug training programs that provides relevant curriculum focused on counternarcotics and counter transnational organized crime (CTOC). MCTC is located at the Camp Dodge Joint Maneuver Training Center (CDJMTC) in Johnston, Iowa, and features state of the art classrooms and tactical training environments. With a training region that encompasses major international trafficking routes and national border ports of entry, MCTC’s courses strive to impact the illicit flow of drugs throughout the nation.

MCTC provides courses that support National Drug Control Strategies and positively impact the performance of Federal, state, and local law enforcement agencies (LEA), community based organizations (CBO), and military professionals directly involved in counternarcotics missions. MCTC’s emphasis remains state and local law enforcement officers. Course curriculum focuses on illicit narcotics interdiction, disruption of drug trafficking organizations, intelligence and analysis, narco-terrorism, homeland security, civil operations, and anti-drug coalition fundamentals. Each course is designed to support the objectives of the DASD-CN, Office of National Drug Control Policy (ONDCP), National Northern Border, National Southwest Border, and Caribbean Border counternarcotics strategies and to increase national security. MCTC supports federal, state, and local agencies with current and relevant training, maximized by the experiences of subject matter experts in their fields. All training events are designed to not only offer world class instruction, but to break down jurisdictional barriers and offer a unique opportunity for officials across the law enforcement and prevention spectrum to network and share ideas in person.

1.2 Scope: The Contractor shall provide all labor, materials, equipment, and transportation necessary to design, develop and instruct the Development, Management, and Control of Drug Informants course for the MCTC, in accordance with this performance work statement (PWS).

1.3 Periods/ Places of Performance:

1.3.1 One base period running from date of award or 1 June 2018 (whichever is later) through 31 May 2019, that will include six (6) iterations with dates and locations to be determined by MCTC.

1.3.2 Three (3) 12-month option periods (1 Jun through 31 May). Each option period will include up to ten (10) course iterations dependent on funding and need determined by MCTC.

1.3.3 The MCTC service area covers the 54 states and territories, and class iterations may be conducted at any location within this area. Approximately 1/3 of course iterations are conducted at the MCTC main campus at Camp Dodge, Johnston, Iowa;

the remainder are conducted at other locations within the United States and territories.

1.4 General Requirements:

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.

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

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

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

1.4.4.3 NACI or other security check is not required.

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

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

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

1.4.6 Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. 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 MCTC 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 all property, material, equipment and services required to conduct the training and practical exercises.

4.1 Minimum Materials, Equipment and Role Players to be provided by Contractor:

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

4.1.1.1 Professionally and thoroughly researched and developed

4.1.1.2 Comprehensive, current, and relevant

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

4.1.1.4 Display the MCTC logo in color on the front cover (logo artwork to be provided upon award)

4.1.1.5 Shall not include any other logos

4.1.2 CD/thumb drive. Optional, but if provided:

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

4.1.3 Any additional materials or equipment required to conduct the course, except those specifically indicated as provided by MCTC in paragraphs 3.0 – 3.2, shall be provided by the contractor.

4.1.4 Expenses: All expenses, including but not limited to the following, shall be incurred by the contractor and shall be included in the firm fixed price.

4.1.4.1 Travel, lodging and meal expenses

4.1.4.2 Printing of student handbooks

4.1.4.3 Purchase and delivery of all materials and/or equipment required to conduct the course

5.0 The contractor shall provide a Development, Management, and Control of Drug Informants Course for up to 50 law enforcement officers per iteration. The course length shall be a minimum of 20 hours of instruction over a period of three (3) class days. Contractor shall provide multiple iterations of the course, at dates and locations to be coordinated with MCTC during the contract performance period.

Dates/locations for each course iteration are selected based on training requests submitted by law enforcement agencies. Contractor shall update content within the course topics as necessary to remain current and relevant throughout the contract performance period.

5.1 Intent of Course: The course shall be designed to give narcotics officers an understanding of the use of informants for drug investigations. The course shall examine the most frequently encountered informant use issues faced by contemporary counter-narcotics investigators. It shall offer a comprehensive and systematic review of model policies and procedures governing the utilization of informants for drug investigations. Other key issues relating to the utilization of confidential informants shall be emphasized, such as the following: developing policy for the use of informants, attributes of productive informants, undesirable sources, criteria for informant status, informant motivations, use of special category informants, informant recruiting and development, informant identification and documentation, informant control mechanisms, and use and effective management of informants. In addition, insights into the pitfalls of agent, supervisor, and agency informant relationships shall be thoroughly discussed. An experienced and qualified instructor shall advise students on the legal issues, obligations, and legal standpoints on the use of confidential informants.

This lecture shall include, but not limited to, the following topics: warrantless consensual intercepts, probable cause based on informant information, disclosure of informant’s identity, citizen informants and anonymous tips, the Gates decision, entrapment issues, using jailhouse informants, possible Brady violations, 5th and 6th Amendment issues, and specific guidelines on making prosecutable cases using informants.

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

5.2.1 Importance of developing and using informants

5.2.2 Historical look at informants

5.2.3 Definition of informant

5.2.4 Criteria for informant status and use

5.2.5 Types of informants best used for drug investigations

5.2.6 Characterization of a source

5.2.7 Developing policy regarding the use and control of informants

5.2.8 Essential elements of productive informants

5.2.9 Compelling deterrents against informing

5.2.10 Undesirable sources for use in drug cases

5.2.11 Informant motivations in drug cases

5.2.12 Special category informants

5.2.13 Informant recruiting and development

5.2.14 Informant identification and documentation

5.2.15 Legal aspects of using informants: General policies and treatment of informants

5.2.16 Informants control

5.2.17 Effective management of informants

5.2.18 Probable cause based on informant information

5.2.19 Disclosure of informants

5.2.20 Anonymous tips

5.2.21 Use of informants

5.2.22 Corroboration of informant information

5.2.23 Entrapment issues

5.2.24 Paying informants

5.2.25 Agent/investigator/informant relationships

5.2.26 Informants and surveillance

5.2.27 Debriefing the informant

5.2.28 Final analysis of working informants

5.3 This course shall include a pre-test and a post-test to assess students’ understanding and to ensure all learning objectives were met. Pre-test and/or post-test may be written or practical.

5.4 A slide presentation must be used; all slides must display the MCTC logo.

5.5 Target Audience: Up to 50 law enforcement officers and military personnel directly involved in counternarcotics missions with an emphasis on civilian law enforcement to include local, state, and federal officers.

5.6 Contractor Manpower Reporting Application (CMRA):

5.6.1 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Iowa Army National Guard via a secure data collection site.

5.6.2 The contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall 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.

Contractors may direct questions to the help desk at http://www.ecmra.mil.

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

6.1 The offeror (contractor) shall have prior experience in the design, development, and delivery of law enforcement courses to uniformed patrol officers or other law enforcement personnel at the local, state, or federal level.

6.2 Offerors (contractors) who have developed and delivered an Informant Development course of at least 20-hours in length are preferred.

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

7.1 Instructor(s) shall have a background in the training of law enforcement and be currently engaged in training law enforcement officers on the subject of informant development and management.

7.2 Instructor(s) with a minimum of five (5) years of experience in instructing and training law enforcement officers in informant development and management are preferred.

7.3 Instructor(s) shall have a minimum of five (5) years of experience studying, practicing, researching, teaching, and consulting on both basic and advanced drug law enforcement investigations, specifically the use and handling of informants.

7.4 Instructor(s) with an undergraduate degree in criminal justice or another relevant field are preferred.

http://www.ecmra.mil/

7.5 Instructors with 20 or more years of law enforcement work experience will be rated higher than instructors with less working experience, regardless of level of education.

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 students’ course evaluations for each iteration to the Acceptable Quality Level (AQL) indicated below.

PWS

Paragraph

Task Performance Standard

Acceptable Quality Level

(AQL)

Method Used/ Frequency

5.0 Provide Informant

Development Course in accordance with the

PWS

75% average or above “Agree” or “Strongly Agree” ratings on each question of Student Course Evaluations*

Failure to achieve 75% average or above “Agree” or “Strongly Agree” ratings on each question of Student Course Evaluations*

Course Evaluation / Each Course

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

1. Instructor presentation of information

2. Instructor knowledge of subject matter

3. Hands on training of materials

4. Textbook & handout materials presented to the students

5. Instruction’s strong points of course

6. Overall course rating

TECHNICAL EXHIBIT 2

Deliverables Schedule

PWS Reference / Deliverable Title

Frequency Number of Copies

Medium/Format Submit To

4.1.1. Student

Manual

First day of class 1 Hard copy Students

5.6 CMR

Reporting

Annually, within 30 days after end of performance period or 30 October, whichever is earlier

1 Electronic http://www.ecmra.mil