W912LP-24-R-0003_PWS-DRAFT.pdf

DRAFT

Ver. October 2022

PERFORMANCE WORK STATEMENT (PWS)

FOR

Technical Instruction Services Commercial Vehicle Interdiction

1.0 General:

1.1 Scope: The Contractor shall provide all labor, materials, equipment, and transportation necessary to instruct the Commercial Vehicle Interdiction course for the Midwest Counterdrug Training Center (MCTC), in accordance with this performance work statement (PWS).

1.1.1 Objectives: The course shall be designed for law enforcement officers who are involved in domestic highway enforcement and shall provide them with the skills to identify the criminal element that operates within the commercial motor vehicle (CMV) industry and their trafficking of illicit cargo. Special emphasis shall be placed on educating the students on what the CMV industry considers typical and legal operations. The course shall provide officers with the techniques and investigative tactics necessary to determine and articulate inconsistencies and deviations from accepted CMV practices, to include its associated paperwork, to interdict illicit trafficking. Trafficking techniques shall be thoroughly explored, with in-depth examples of hides and traps used for smuggling. Classroom instruction shall be reinforced with hands on practical exercises using commercial vehicles and trailers that have hidden compartments.

1.2 Background: MCTC Overview. The 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

Ver. October 2022 not only offer world class instruction, but to break down jurisdictional barriers and offer a unique opportunity for officials across the law enforcement and prevention spectrum to network and share ideas in person.

1.3 Period of Performance (PoP): The Period of Performance shall be a base period of no more than 12 months and two (2) 12-month option periods.

1.4 General Information:

1.4.1 Place and Performance of Services: The MCTC service area covers the 54 states and territories, and class iterations may be conducted at any location within this area.

Approximately 1/3 of course iterations are conducted at the MCTC main campus at Camp Dodge, Johnston, Iowa; the remainder are conducted at other locations within the MCTC service area. The contractor shall, with some exceptions, provide services between the hours of 0700-1800hrs 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. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.1.1 Telework: The Government does not permit the contractor to telework in support of this requirement. In furtherance of Continuity of Operations Planning (COOP), a telework program may be enacted to ensure that the Government's mission-critical operations stay operational during times of national emergency or incidents of national significance. Telework shall be at no additional cost to the Government.

1.4.1.2 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.1.3 The contractor’s employees shall become familiar with and obey the regulations of the installation: including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall always carry proper identification with them and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation, which may affect performance. The Government reserves the right to direct the removal of an employee from Government property or revoke access to Government systems for misconduct, security reasons, or any overt evidence of

Ver. October 2022 communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays.

The contractor shall not perform services on these days:

1.4.2.1 New Year’s Day: January 1st

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Juneteenth National Independence Day: June 19th

1.4.2.6 Independence Day: July 4th

1.4.2.7 Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran’s Day: November 11th

1.4.2.10 Thanksgiving Day

1.4.2.11 Christmas Day: December 25th

1.4.3 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary (PRS).

1.4.4 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.5 Installation Access and Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy (see PWS 6.0). Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 Reserved

Ver. October 2022

1.4.5.2 For contractors that do not require a CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a Government representative).

1.4.5.3 Reserved

1.4.5.4 Reserved

1.4.5.5 Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor personnel place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.5.6 Reserved

1.4.5.7 Reserved

1.4.5.8 Reserved

1.4.5.9 Reserved

1.4.5.10 Reserved

1.4.5.11 Reserved

1.4.5.12 Reserved

1.4.5.13 Reserved

1.4.5.14 Reserved

1.4.6 Physical Security. The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

Ver. October 2022

1.4.6.1 Reserved

1.4.6.2 Reserved

1.4.7 Reserved

1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR 42.5.

The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced.

The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO NLT 10 days after contract award, and within 10 days of the designation of replacement CM, if applicable. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR, to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10 Reserved

1.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero-tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at

FAR 22.17.

1.4.12 Reserved

1.4.13 Reserved

Ver. October 2022

1.4.14 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.4.15 Reserved

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 PWS.

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 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, Ver. October 2022 an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.8 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.9 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.10 Quality Assurance Monitoring Form (QAMF): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.11 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.12 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:

CAC Common Access Card CBO Community Based Organization CFP/M/E Contractor Furnished Property, Material and Equipment CM Contract Manager COMSEC/IT Communication Security/Information Technology COR Contracting Officer Representative CTOC Counter Transnational Organized Crime DASD-CN Assistant Secretary of Defense for Counternarcotics and Global Threats DFARS Defense Federal Acquisition Regulation Supplement DL Distance Learning DoD Department of Defense FAR Federal Acquisition Regulation FPCON Force Protection Condition GFP/M/E/S Government Furnished Property/Material/Equipment/Services HQDA Headquarters Department of Army KO Contracting Officer LEA Law Enforcement Agency MCTC Midwest Counterdrug Training Center NCIC-III National Crime Information Center Interstate Identification NLT Not later than OCI Organizational Conflict of Interest ONDCP Office of National Drug Control Policy OPSEC Operations Security PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAMF Quality Assurance Monitoring Form QC Quality Control QCP Quality Control Program TE Technical Exhibit TSDB Terrorist Screening Database

Ver. October 2022

US United States

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

The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: The Government will furnish the necessary workspace for the contractor to perform services outlined in this PWS to include a classroom of adequate size to accommodate the number of students registered for each iteration of the course.

3.2 Materials: None

3.3 Equipment: The Government will furnish Audio-Visual equipment in the classroom.

3.4 Services: MCTC may provide role players, if manning allows, to assist with facilitation of practical exercises. Contractors shall not depend on the availability of MCTC role players to perform services under this PWS.

3.5 Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract. The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E): Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

4.1 Minimum Materials and Equipment to be provided by Contractor:

4.1.1 Student manual outlining specific course content (one electronic copy of the student manual is required in proposal submission). Student manual is intended to be a reference/resource for students to use during and after the course and shall be provided in hard copy to each student. The contractor shall provide student manuals on the first day of each in-person course iteration. 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). Shall not include any other logos.

Ver. October 2022

4.1.1.5 Content shall be unique to this course, outside of case law examples.

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.

4.1.2.2 If used, must be provided to each student.

4.1.3 Any additional materials or equipment required to conduct the course, except those specifically indicated as provided by MCTC in paragraph 3.0 and its sub-paragraphs, shall be provided by the contractor. Contractor must provide at a minimum (must be acknowledged in proposal):

4.1.3.1 Three (3) Semi-trailer Trucks containing hides or traps. One (1) must be a sleeper cab.

4.1.3.2 Three (3) Semi Trailers containing hides or traps. One (1) must be a reefer trailer.

4.1.3.3 Minimum of three (3) cargo freight hide examples (pallets, bulk freight, etc.)

4.1.3.4 Minimum of four (4) trap examples (air tank, fuel tank, etc.)

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 meals for contractor staff and instructors.

4.1.4.2 Printing and delivery of student handbooks.

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

5.0 Requirements: The contractor shall:

5.1 Provide a Commercial Vehicle Interdiction course for up to 40 law enforcement officers. Course length shall be a minimum of 20 hours of instruction over a period of two and a half (2.5) class days. Contractor shall provide multiple iterations of the course, at dates and locations to be coordinated with MCTC, throughout the contract performance period. Dates/locations for each course iteration are selected based on training requests submitted by law enforcement agencies. The course title may change per MCTC’s needs but the course topics will remain constant. Contractor shall update the content within the course topics at the request of MCTC, and as necessary to keep the course current and relevant throughout the contract performance period.

Ver. October 2022

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

5.1.2 Course Iterations.

5.1.2.1 The contractor shall provide four (4) course iterations in the base period.

5.1.2.2 The contractor shall provide up to five (5) course iterations in each of the option periods.

5.2 Target Audience: Up to 40 law enforcement officers and military personnel directly involved in counternarcotic missions, with an emphasis on civilian law enforcement.

Includes local, state, and federal officers who support, participate in, plan, manage, or supervise commercial vehicle interdiction. 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.

5.3 Course Content. Course content shall be unique to this course and shall not duplicate the content of other courses provided by MCTC, with the exception of case law examples. The Government requirement is for existing, commercial off-the-shelf (COTS) training that is tailored to meet the requirements of the PWS. The course of instruction shall cover the following topics (learning objectives), at a minimum:

5.3.1 Overview of common CMV industry practices

5.3.2 The trucking culture

5.3.3 Differences between owner operators and corporate (fleet) drivers and their tractor trailers

5.3.4 Differences in types of semi-tractors

5.3.5 Differences in types of semi-trailers

5.3.6 Overview of variance in freight and common and legal practices in hauling the freight

5.3.7 Identification of illegal practices in hauling freight

5.3.8 Overview of typical logbooks and common and legal practices in CMV paperwork

5.3.9 Identification of illegal practices in logs and CMV paperwork

5.3.10 Identification of traps in tractors, trailers, and freight

Ver. October 2022

5.3.11 Overview of federal and state resources dedicated to assist in trafficking enforcement.

5.4 Course Agenda. A course agenda shall be provided with the course schedule broken down by class day and hour.

5.5 A slide presentation is required. Slide sequence shall correspond with the course agenda and include enough detail (on slide itself or instructor notes) for the Government to determine that the required topics are covered. Slide presentation shall be viewable using Microsoft PowerPoint™. Videos embedded in slides must be viewable using Windows Media Player™.

5.5.1 Slides shall display the MCTC logo; no other corporate logos shall be displayed.

5.5.2 Slides shall be unique to this course and shall not duplicate the slide content of other courses provided by MCTC.

5.6 Pre-test and Post-test. The contractor shall administer a pre-test and post-test to each student.

5.6.1 Pre-test and post-test may be written or practical, or a combination thereof.

5.6.2 Pre-test shall assess students’ pre-course knowledge and understanding of the course topics.

5.6.3 Post-test shall assess students’ post-course knowledge and understanding of the course topics.

5.7 Practical Exercises. The contractor shall incorporate practical exercises into the instruction to reinforce teaching points.

5.7.1 Practical exercises shall utilize equipment outlined in para 4.1.3.

5.7.2 Each hands-on exercise shall be followed by an after-action review to ensure all training objectives have been met.

5.7.3 The contractor shall provide all materials and equipment required to conduct practical exercises as proposed, in adequate quantity to accommodate all instructors, role players, and students.

5.7.4 The contractor shall provide a list of materials they will provide to conduct the proposed practical scenarios.

5.7.5 If practical exercises require role players, contractor shall indicate if roles will be played by students, instructors, or contractor-provided role players. The contractor shall

Ver. October 2022 provide a list of non-instructor role players to the COR 14 days prior to the scheduled start date for each course iteration.

5.8 Course Vetting. To ensure the course material follows constitutionally permissible practices, an attorney shall vet the course content and provide a signed letter stating the course material adheres to federal law.

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter/Page)

Date of Publication

Mandatory or Advisory

Website

Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar Defense Federal Acquisition

Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/current/in dex.html or https://www.acquisition.gov/dfars

Ver. October 2022

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL). The COR will use the *Student Course Evaluations for each iteration to measure contractor performance.

Performance

Objective Performance Standard

Acceptable Quality Levels (AQL)

Surveillance Method / By Whom

5.0

Provide course in accordance with the PWS

75% Average or higher, ratings on overall Student Course

Evaluations.

Shall achieve 75% average or above on

Student Course Evaluations.

Review of Student Course Evaluations /

COR

Periodic observation by COR or authorized Quality Inspector

(MCTC).

5.3

Course Content

All course content was presented.

100% of course topics were covered.

Periodic observation by COR or authorized Quality Inspector

(MCTC)

5.6

Pre-test and Post-test

Pre and post tests were administered.

100% of tests were administered.

Periodic observation by COR or authorized Quality Inspector

(MCTC)

5.7

Practical Exercises

Practical exercises were incorporated.

100%

Periodic observation by COR or authorized Quality Inspector

(MCTC)

Ver. October 2022

TECHNICAL EXHIBIT 2

Deliverables Schedule

PWS Reference / Deliverable Title

Frequency Number of

Copies Medium/Format Submit To

1.4.9 Contract

Manager

10 days after award and 10 days after change in CM

1 Electronic Contracting Officer

4.1.1 Student

Manual

1st day of each in-person course iteration

1 copy per student

Hard copy COR

4.1.1 Student

Manual

21 days prior to scheduled start date for each DL iteration

1 copy per student

Hard copy COR

5.7.5 List of Non-

instructor Role Players

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

5.8 Course Vetting

With contract submission 1 Electronic Contracting Officer / Contract Specialist