19AQMR24N0004_Draft SOW_INL Investig. & Analysis Training Delivery.pdf

This document is a draft SOW intended for use as part of a Sources Sought notice. It has been developed by the Government for market research purposes only. Nothing in this document can be construed to bind the Government in any way. A formal solicitation for this requirement may follow.

DOS/A/OPE/AQM/IP/INL

Draft Statement of Work (SOW) 4-24-2024

U.S. Embassy Mexico—International Narcotics & Law Enforcement Affairs (INL Mexico)

Investigations & Analysis Courses:

Training Delivery Instruction Services INL Mexico requires a contractor to provide qualified instructors to deliver training for Mexican Federal and State criminal investigators and analysts

DRAFT Statement of Work (SOW) Investigations and Analysis Course Training Delivery Instruction Services

This document is a draft SOW intended for use as part of a Sources Sought notice. It has been developed by the Government for market research purposes only. Nothing in this document can be construed to bind

1. Objective

To offer integrated training for Mexican Federal and State criminal investigators and crime analysts to improve their knowledge and skills and ensure high-quality performance during the investigation of high-impact crimes, such as homicides, narcotics trafficking, or other crimes related to transnational criminal organizations (“TCOs). These courses combine lectures and practical exercises (in person/on-site) that will allow participants to gather hands-on experience in investigative techniques and crime analysis. Upon completion of the courses, participants will return to their agencies with the investigative tools and knowledge required to conduct proficient criminal investigations and crime analysis in direct support of high-impact crimes and TCOs related crime activities in Mexico.

2. Program Background

In 2021, the U.S. and Mexico agreed to the Bicentennial Framework for Security, Public Health, and Safe Communities, which expands the scope of the Mérida Initiative by countering international crime, illegal drugs, and instability abroad. The Bureau for International Narcotics and Law Enforcement Affairs (INL), through the U.S. Embassy in Mexico helps deliver justice and fairness by strengthening their police, courts, and corrections systems. These efforts reduce the amount of crime and illegal drugs reaching U.S. shores.

One of the main objectives under the Bicentennial Framework is to strengthen the capacity of security and justice sector actors to reduce impunity for crime and protect human rights. Under this Statement of Work (SOW), the Contractor shall provide instructional delivery of two training courses: an Investigations Course (Curso para investigaciones in Spanish) and an Analysis Course (Curso de análisis in Spanish) for GOM State and Federal Criminal Investigators and Crime Analysts assigned to high-impact crimes and investigations units.

3. Scope of Work

The scope of this project consists of providing instructors to teach two courses in-person/on-site. The courses will be delivered using INL furnished curriculum. The awarded contract will include one Base Year consisting of an estimated 18 sessions for the investigations course, and an estimated 32 sessions for the analysis course (two 5-day weeks per session, 2 sessions delivered concurrently) with up to 35 participants each, and an additional Option Year (OY) consisting of an estimated 18 iterations of the investigations course and an estimated 36 iterations of the analysis course, with the intention of repeating the training cycle of both the Investigations Course and Analysis Course, with the same specifications of the Base Year. While two courses are already developed by INL and are ready for contractor delivery, the scope of this contract also includes the delivery of additional, new, courses in the future related to INL’s mission to enhance justice sector and other capacities in Mexico.

This document is a draft SOW intended for use as part of a Sources Sought notice. It has been developed by the Government for market research purposes only. Nothing in this document can be construed to bind

4. Period of Performance

The period of performance of this request shall cover one base year of instruction after the contract is awarded with additional option years for future instruction.

The training frequency for the Investigations Course is set for two iterations per month starting on or about October 2024. The training frequency for the Analysis Courses is set for four iterations per month starting on or about January 2025. Tentative course schedules are shown below:

Investigations Course

COURSE DATES LOCATION

BASE YEAR

1 Nov 04-15, 2024 TBD 2 Nov 25-Dec 06, 2024 TBD 3 Jan 06-17, 2024 TBD 4 Jan 20-31, 2025 TBD 5 Feb 10-21, 2025 TBD 6 Feb 24-Mar 07, 2025 TBD 7 Mar 24-April 04,2025 TBD 8 May 05-16, 2025 TBD 9 May 19-30, 2025 TBD

10 Jun 02-13, 2025 TBD 11 Jun 16-27, 2025 TBD 12 Jun 30-Jul 11, 2025 TBD 13 Jul 14-25, 2025 TBD 14 Jul 28-Aug 08, 2025 TBD 15 Aug 11-22, 2025 TBD 16 Aug 25-Sep 05, 2025 TBD 17 Sep 22- Oct 03, 2025 TBD 18 Oct 20-31, 2025 TBD

Analysis Courses

COURSE DATES LOCATION 1 LOCATION 2

1-2 Jan 06-17, 2024 TBD TBD 3-4 Jan 20-31, 2025 TBD TBD 5-6 Feb 10-21, 2025 TBD TBD 7-8 Feb 24-Mar 07, 2025 TBD TBD

9-10 Mar 24-April 04,2025 TBD TBD 11-12 May 05-16, 2025 TBD TBD

This document is a draft SOW intended for use as part of a Sources Sought notice. It has been developed by the Government for market research purposes only. Nothing in this document can be construed to bind the Government in any way. A formal solicitation for this requirement may follow.

13-14 May 19-30, 2025 TBD TBD 15-16 Jun 02-13, 2025 TBD TBD 17-18 Jun 16-27, 2025 TBD TBD 19-20 Jun 30-Jul 11, 2025 TBD TBD 21-22 Jul 14-25, 2025 TBD TBD 23-24 Jul 28-Aug 08, 2025 TBD TBD 25-26 Aug 11-22, 2025 TBD TBD 27-28 Aug 25-Sep 05, 2025 TBD TBD 29-30 Sep 22- Oct 03, 2025 TBD TBD 31-32 Oct 20-31, 2025 TBD TBD

Any changes to the location or date of scheduled classes shall be confirmed by INL no later than two weeks prior to the beginning of the course, to allow the contractor to make necessary adjustments.

5. Performance Requirements

The Contractor shall perform the following instructional activities:

o Each course iteration will consist of two-weeks of training (90 hours total per session of the investigations course and 80 hours total per session of the Analysis course), for up to 35 participants, detailed as follows including estimated quantities:

Investigations Course:

Base year: 18 sessions (2 sessions per month per course) Option Year 1: 18 sessions (2 sessions per month per course) Analysis Course:

Base Year: 32 sessions (4 sessions per month per group) Option Year 1: 36 sessions (4 sessions per month per group) For a total of 104 sessions in the base year and initial option year.

o Provide two lead instructors, plus 2 backup instructors per course session, for the investigations course.

o Provide one lead instructors, plus 1 backup instructor per course session, for the analysis course.

o Backup instructors must be available to deliver the course in the absence of the assigned lead instructor(s), however are not separately billable. The cost for instructors must be included in the fully burdened rates for delivery of each course session.

o For all sessions, instructors shall arrive on Monday morning, at least 45 minutes prior to the start of each training, to set up class materials and training equipment.

o For all sessions, the instructor(s) shall remain one hour after the training is completed and handle any administrative issues or paperwork that is required by INL as described in this SOW including the course evaluation on Friday.

o The class schedule shall be from 8:00 a.m. to 6:00 p.m. with 1 hour lunch break.

This document is a draft SOW intended for use as part of a Sources Sought notice. It has been developed by the Government for market research purposes only. Nothing in this document can be construed to bind the Government in any way. A formal solicitation for this requirement may follow.

o INL reserves the right to reduce the number of iterations if needed, with at least one (1) week notice to the Contractor. If one week notice is provided, then the cancellation shall be at no penalty to INL.

o If INL determines the need for additional iterations the Contractor will be advised and given sufficient time to submit additional instructors to INL for approval and inclusion in the pool of approved instructors.

o The number of sessions delivered per month shall depend on several factors:

INL assessment of student demand (number of students to be trained).

Geographical location and type of training that shall be administered; and INL management authorization for activation of courses.

o INL shall provide the course materials in electronic version to the instructors, at least one week before the first iteration starts.

o Contractor shall provide training equipment as needed, i.e.:

Printing and binding of training manuals, as well as printing certificates Modems to provide internet service during courses for locations where internet service is low.

o Instructors shall teach the courses according to the manuals provided by INL.

o As SMEs, instructors are invited to suggest edits to the course materials to the COR. In coordination with INL program management, the COR will confirm whether the suggestions are rejected, accepted as is, or accepted with changes.

o Course materials are subject to change. If INL elects to update the course materials, they will be shared with the contractor at least one week before the start of the session in which INL requires the new materials to be utilized.

o The courses shall be conducted in Spanish.

o In cases where the courses are delivered in another state, instructors shall arrive one day prior to the start date. INL will provide a local point of contact at the agency/academy where the trainings shall take place. This local Point of Contact shall provide administrative support in the classroom.

o The materials provided to the Contractor are sole property of INL Mexico and they are not to be duplicated, shared, or used without express written authorization from the INL Mexico Director or his/her designee.

The tentative class schedule for the Investigations and Analysis Courses shall be as follows:

1 COURSE ITERATION

WEEK 1

TIME MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY

8:00 a.m.- 12:00 p.m.

1:00 p.m.- 6:00 p.m.

This document is a draft SOW intended for use as part of a Sources Sought notice. It has been developed by the Government for market research purposes only. Nothing in this document can be construed to bind the Government in any way. A formal solicitation for this requirement may follow.

WEEK 2

TIME MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY

8:00 a.m.- 12:00 p.m.

1:00 p.m.- 6:00 p.m.

6. Place of Performance

The courses shall be held in-person, in state or federal training entities across Mexico. Actual places will be provided to the Contractor by INL. The course locations could be in any state of Mexico, depending on need, interest, safety, and health conditions.

7. Deliverables:

Required deliverables for each course are summarized in Table A. All days listed below refer to business days.

Table A

TITLE FREQUENCY – DUE

DATE DELIVER TO

Preliminary survey evaluation report

Each week Program Manager/Legal Advisor/INL Mexico City

COR

Participant list Each week Program Manager/Legal Advisor/INL Mexico City

COR

Group roster Each week Program Manager/Legal Advisor/INL Mexico City

COR

Module and final testing

Each week Program Manager/Legal Advisor/INL Mexico City

COR

Deliverables’ description:

1. Preliminary Survey Evaluation Report. On the first day of class, instructor shall administer the initial evaluation and provide the results of the evaluation after its completed by the participants to understand the analysis of knowledge for participants. Instructors will receive this evaluation from INL and after administering it they shall submit the results of this evaluation. The required forms shall be sent by email. In the case that any original paper documents are generated they shall be shredded after confirmation of reception by INL Mexico.

2. Participant List. Every day instructors must check the participant’s attendance with a control list provided by INL. The required participant list shall be sent to INL by email in the

This document is a draft SOW intended for use as part of a Sources Sought notice. It has been developed by the Government for market research purposes only. Nothing in this document can be construed to bind the Government in any way. A formal solicitation for this requirement may follow.

approved format every Friday afternoon. In the case that any original paper documents are generated they shall be shredded after confirmation of reception by INL.

3. Group Roster. This deliverable consists of the Participant’s Performance Report (PPR) in excel format which summarizes daily attendance and grades on the preliminary and final evaluations. The required group roster shall be sent by email in excel spreadsheet format.

4. Module and Final Testing. Instructors shall administer module testing according to the schedule created with INL. A final exam must also be administered with questions covering all topic areas covered during the course. This testing ensures that the standards of the training will be met, and participants achieve the minimum required standard to receive a course completion certificate. After administering the tests, instructors shall send INL and the COR the scanned evaluations and the results by email, in the approved format, each Monday morning following the course. In the case that any original paper documents are generated they shall be shredded after confirmation of reception by INL.

5. Contractor shall provide the required deliverables throughout the project, as well as other deliverables requested by INL or determined necessary by the recipient.

6. Instructors. All proposed instructors shall be Mexican Nationals (LNs), identified as Key Personnel, in accordance with the minimum instructor qualification requirements (Refer to Instructor Qualifications table below for additional details on acceptable instructors profiles). INL must approve all instructor candidates prior to their performance under the contract.

7. Instructor Qualifications.

LABOR CATEGORY MINIMUM QUALIFICATIONS

Basic Qualifications for ALL Instructors

• Mexican National with local vetting.

• The contractor shall establish a cadre of instructors, all of whom are experienced law enforcement officers composed of either former or current federal, state, or local law enforcement special agents, intelligence specialist, police officers, task force agents/officers, or legal experts with law enforcement background.

• Instructors can have a training certification, where one exists, that is recognized by the Government of Mexico.

• Mexican instructors shall have at least 1-year teaching experience in the new Mexican judicial system and its implementation.

• Professional law enforcement or judicial experience.

• Demonstrated ability to improvise, adapt, and persevere in a fluid environment, and under challenging circumstances.

• Demonstrated ability to communicate with high-ranking government officials in diplomatic and/or law enforcement environments.

This document is a draft SOW intended for use as part of a Sources Sought notice. It has been developed by the Government for market research purposes only. Nothing in this document can be construed to bind the Government in any way. A formal solicitation for this requirement may follow.

• Demonstrated experience in using management, interpersonal, and communications skills in a team environment, and professional law enforcement setting is preferred.

• Instructors shall provide classes in Spanish (must have a minimum Spanish level of 4/4). Please refer to the link here, http://careers.state.gov/gateway/lang_prof_def.html

• Military police, military intelligence, or intelligence community experience alone shall not qualify for police experience for the candidate for this contract.

The Contractor shall provide a letter of commitment (contingent offer) for all Instructors upon submission of proposal. This letter shall only be used as a commitment to sign with the winning Contractor only, all other letters signed are not enforceable if the Contractor is not issued the contract. No Contractor shall have an Instructor sign an exclusivity letter of any kind. Exclusivity letters eliminate competition and therefore go against the intent of this requirement.

LABOR

CATEGORY COURSE FUNCTIONAL AREAS SPECIALIZED QUALIFICATIONS (ADDITIONAL)

Two (2) Criminal

Investigators

• Operational and Investigative Techniques

• Judicial Framework for Investigators

• Interview and Interrogation Techniques

• Arrests, searches/seizures

• Evidence Handling

• Case File Initiation and

Development

• Report Creation

• Leadership, Ethics and

Professionalism

• Spanish FSI level 4/4.

• Bachelor’s or master’s degree in international relations, law, criminal justice, law enforcement, or related field.

• A combination of ten (10) years of experience in the Mexican Criminal justice system working as an investigator at the Federal or State level, with a minimum of five (5) years’ experience actively participating in high-impact criminal investigations and trials under the Mexican accusatorial criminal justice system.

• Practical experience leading or participating in active criminal investigations of high-impact crimes, such as obtaining and executing warrants, conducting interviews, wire intercepts, etc.

http://careers.state.gov/gateway/lang_prof_def.html

This document is a draft SOW intended for use as part of a Sources Sought notice. It has been developed by the Government for market research purposes only. Nothing in this document can be construed to bind the Government in any way. A formal solicitation for this requirement may follow.

• Previous experience as an instructor, ideally in criminal investigations or a related discipline.

• Communication skills, both verbal and written, to effectively convey complex concepts and engage students in the learning process.

• The ability to generate comprehensive reports on student performance, including assessments of comprehension, progress, and areas for improvement.

LABOR

CATEGORY COURSE FUNCTIONAL AREAS SPECIALIZED QUALIFICATIONS (ADDITIONAL)

Two (2) Crime

Analysts

• Judicial framework for analysts

• Compilation and evaluation of information sources

• Criminal analysis techniques and methods

• Development of criminal analysis products

• Evidence handling

• Preparation of criminal analysis reports

• Ethics and professionalism

• Spanish FSI level 4/4

• Bachelor’s or master’s degree in international relations, law, criminal justice, law enforcement, or related field.

• A combination of ten (10) years of experience in the Mexican Criminal justice system working as a criminal analyst at the Federal or State level, with a minimum of five (5) years’ experience actively participating in high-impact criminal investigations and trials under the Mexican accusatorial criminal justice system.

• Practical experience participating in active criminal investigations of high-impact crimes.

• Experience developing criminal analysis products such as link charts, heat maps, timelines, etc.

• Strong knowledge of tools and technologies used in criminal analysis, such as data analysis software, wiretapping, preserved data, etc.

• Previous experience as an instructor, ideally in criminal analysis or a related discipline.

• Communication skills, both verbal and written, to effectively convey complex

This document is a draft SOW intended for use as part of a Sources Sought notice. It has been developed by the Government for market research purposes only. Nothing in this document can be construed to bind the Government in any way. A formal solicitation for this requirement may follow.

concepts and engage students in the learning process.

• The ability to generate comprehensive reports on student performance, including assessments of comprehension, progress, and areas for improvement.

Once that all the manuals and materials of the courses have been reviewed by the Contractor and the instructors, the Contractor shall schedule and provide a briefing/model course presentation to INL delivered by the instructors, at no additional cost, at least one month prior the courses start. In this same session, INL and Contractor can provide feedback on instructors’ performance, and address any final questions or issues that may arise. Each individual instructor, including backup instructors, will have to participate in or provide a briefing/model course presentation to INL prior to delivering actual training under the contract.

8. Special Requirements / Constraints. All documentation and deliverables developed or provided by the Contractor shall become the property of the U.S. Government.

9. Confidentiality and Intellectual Property. The Contractor personnel (to include subcontractors, teaming partners, and consultants) who will be personally and substantially involved in the performance of the development services which requires the Contractor to act on behalf of or provide advice with respect to any phase of the requirement, shall execute and submit an “Employee/Contractor Non-Disclosure Agreement” Form.

10. Security Requirements. The Contractor shall, to the best of their knowledge, both certify that all the information included in their candidates’ application process are true, correct, and provided in good faith. The Contractor and candidates understand that if either make any intentionally false statements or commit deception or fraud in the application process to include all supporting materials, or in any document or interview associated with the hiring process, that the applicant may be denied or removed from the hiring process.

Furthermore, the USG is not held liable in this instance.

11. VAT reclamation. Value Added Tax (VAT) is 16% or the one stated in the Value Added Mexican Law Tax (VAT: http://www.diputados.gob.mx/LeyesBiblio/pdf/77_230421.pdf), for payments associated with the in-country purchases of goods, materials or services required to perform this contract.

The Contractor shall follow the invoicing procedures established by INL to allow the U.S.

Embassy Mexico to reclaim the IVA/VAT taxes charged. VAT, or “IVA” as it is known in Mexico, shall be itemized in all invoices. For the Contractor to claim VAT on its invoices, the Contractor is required to obtain an invoice, “Factura”, from a Mexican Company that complies with all the requirements of the article 29 A of the Mexican Fiscal Code or obtain a http://www.diputados.gob.mx/LeyesBiblio/pdf/77_230421.pdf

This document is a draft SOW intended for use as part of a Sources Sought notice. It has been developed by the Government for market research purposes only. Nothing in this document can be construed to bind the Government in any way. A formal solicitation for this requirement may follow.

VAT Registration Identification Number from the Secretaría de Hacienda y Crédito Público (aka Hacienda/SAT) to emit its own facturas.

The Contractor shall provide the necessary invoicing requirements to enable the USG to obtain reimbursement for VAT. This reimbursement benefit is extended only to the U.S.

Government – not the Contractor – as a diplomatic privilege. The following/current Factura´s requirements are outlined in the paragraphs below.

All Facturas, the Contractor delivers to the U.S. Government shall be in accordance with VAT Mexican Tax regulations (VAT: http://www.diputados.gob.mx/LeyesBiblio/ref/liva.htm) and Mexican Fiscal Code (MFC: http://www.diputados.gob.mx/LeyesBiblio/ref/cff.htm).

The Contractor’s failure to follow these procedures shall result in the U.S. Government’s inability to secure tax reimbursement on this contract, resulting in VAT payment in the Invoice being denied to the Contractor. Facturas for the in-country purchases described above shall include only charges authorized in this contract. Such Facturas shall list separately or collectively the pre-tax price of any supplies or services provided in country.

As it is required by local authorities, the Contractor shall impose the appropriate tax rate against the pre-tax total of the purchases represented on the Factura. The Contractor shall submit the invoices associated with such purchases as supporting documentation for its in-country payment request. The USG shall only compensate the Contractor for the tax amount provided on such Facturas and in any case VAT reimburse won’t exceed the amount authorized in the contract for this purpose.

VAT on items such as Contractor personnel housing, personal vehicles, utilities, phone charges, per diem, etc. are excluded from reimbursement.

All Facturas shall be addressed to “Embajada de los Estados Unidos de Norteamerica” as stated in the below requirements.

The Contractor´s Factura shall provide at least the following in accordance with article 29 A of the Fiscal Mexican Code:

• Issuer’s name and address.

• Issuer’s Federal Tax Registry Number (RFC) (aka Certificate of Fiscal Identification).

• Photo image of Federal Tax Registry card (aka Certificate of Fiscal Identification) on the invoice.

• Invoice number and complete transaction date (month, day, and year). Also needed is the date and place of issue (Lugar y fecha de expedición). The two dates shall be the same.

http://www.diputados.gob.mx/LeyesBiblio/ref/liva.htm http://www.diputados.gob.mx/LeyesBiblio/ref/cff.htm

This document is a draft SOW intended for use as part of a Sources Sought notice. It has been developed by the Government for market research purposes only. Nothing in this document can be construed to bind the Government in any way. A formal solicitation for this requirement may follow.

• Required legal wording that addresses the illegal reproduction of the document.

The printing company information shall annex the date of printing and official authorization number.

• Customer ´s Name: “Embajada de Estados Unidos de Norteamérica.”

• U.S. Embassy R.F.C. Number: EEU930201289.

• Quantity and description of acquired services or merchandise.

• If applicable, the number and date of customs import documents associated with all sales of imported merchandise.

• Invoice(s) received in Mexican pesos shall also include, in the legend, the date and exchange rate used when the invoice was emitted by the Mexican company. The exchange rate noted on the Mexican company’s invoice will be used to reimburse VAT to contractors.

• Invoice shall say “FACTURA.” All digital invoices (“FACTURAS”) shall be presented to the Embassy/ Contracting Officer Representative (COR).

• The tax-relief invoice shall be written in English and Spanish versions.

• Invoice shall have a valid digital seal.

• This contract is priced and paid only in U.S. dollars.

The requirements above apply to all supplies and services purchased in Mexico that are provided to the USG as part of this contract. All IVA/VAT documentation shall be submitted to the COR for approval and submission to Hacienda at the time of the invoice request for payment. All electronic invoices should be submitted to DOSPayments@state.gov with a copy sent to the CO and COR.

mailto:DOSPayments@state.gov