Draft SOW IDIQ Canine equipment.docx

STATEMENT OF WORK

IDIQ CANINE EQUIPMENT

January 2024

1. BACKGROUND

The Bureau of International Narcotics and Law Enforcement Affairs (INL) leads the Department of State’s anticrime and counter-narcotics efforts. INL assistance programs help partner nations to build their capacities and deliver technical assistance to enhance international drug control through interdiction and supply reduction; develop civilian law enforcement capacity, regional partnerships, and information sharing; and further the administration of justice and corrections under the rule of law with respect for human rights.

As part of the U.S.-Mexico Bicentennial Framework for Security, Public Health, and Safe Communities, an on-going long-term agreement between the United States and Mexican Governments to detect, deter, prevent, and mitigate criminal activity in Mexico and its effects in both countries, Mexico and the United States agreed to modernize equipment and technological resources of canine units, through the provision of canines and basic canine handler training, along with advanced medical, tactical, and training equipment to state and federal agencies.

2. TYPE OF CONTRACT

This is a multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contract, as defined in Federal Acquisition Regulation (FAR) 16.504 (Indefinite-Quantity Contracts), with four (4) option years. The Contracting Officer (CO) may exercise the option years by written notice to the Contractor. Neither additional sums shall be payable on account of any escalation in the cost of materials, equipment, or labor, or because of the Contractor’s failure to properly estimate or accurately predict these prices or difficulty of achieving the results required by this contract; nor shall the contract price be adjusted on account of fluctuations in the currency exchange rates.

This contract shall be effective on the date of the Contracting Officer's signature and shall remain valid until all commodities are received and accepted by INL. Exercise of option years shall be at the discretion of the U.S. Government.

Specific tasks and requirements will be identified at the delivery order level. The Government expects awardees to remain flexible and adaptive to meeting INL requirements. (Note: Because the Government anticipates that the majority of performance under the contract will be for commercial goods, “delivery order” is used predominantly throughout this contract. However, the Government reserves the right to issue task orders, also. Where a contract term or condition references “delivery order,” such term or condition shall also apply to “task order.”)

The Government intends to utilize firm-fixed-price (FFP), as defined in FAR 16.202, delivery orders to the maximum extent practicable. However, the Government reserves the right to issue delivery orders utilizing any of the contract types, or a combination thereof, authorized by FAR part 16 (Types of Contracts).

The Government reserves the right to order above or below the current estimated requirements, without additional costs, cancellations, or penalties. This is applicable to all deliverables in both base and option years.

Contractors are reminded that this is a multiple-award IDIQ contract. As such, Contractors will be required to compete, unless an exception to fair opportunity procedures is approved, for each task order over the micro-purchase threshold (i.e., currently $10,000 USD). Awardees are not guarantee anything other than the minimum contract quantity described in Section 4 below. Due to budgetary and program uncertainties, the size or number of orders to be issued under these contracts cannot be reliably estimated.

3. MINIMUM AND MAXIMUM CONTRACT QUANTITIES

The Government shall meet the IDIQ contract minimum of $10,000.00 USD (inclusive of all direct costs, indirect costs, and profit/fee) through the issuance of delivery order(s) within the IDIQ contract’s effective period. The minimum quantity applies separately to each IDIQ contract awarded.

The maximum quantity for the IDIQ contract’s effective period, including any extension(s), shall be any quantity or combination of supplies and services not exceeding $8,000,000.00 USD (inclusive of all direct costs, indirect costs, and profit/fee). The maximum quantity is cumulative among all IDIQ contracts awarded.

4. IDIQ EFFECTIVE PERIOD

The effective period of this IDIQ contract, as described in FAR clause 52.216-22, is five (5) years from the date of contract award. However, the Contracting Officer (CO) may extend the effective period for an additional six (6) months in accordance with FAR clause 52.217-8 (Option to Extend Services).

5. DELIVERY ORDER PERIOD OF PERFORMANCE

The period of performance for each delivery order placed under the IDIQ contract shall be specified at the individual level. INL estimates requesting from 90 to 120-business days for delivery, depending on the magnitude and scope of the delivery order. Under no circumstances may a delivery order be issued under the IDIQ contract if the IDIQ contract has expired or has been terminated or cancelled by the Government. The period of performance of a delivery order may not exceed five (5) years, inclusive of options (except potentially for the six-month option to extend services authorized by FAR 52.217-8). Delivery order options, if included, may be exercised after the expiration of the IDIQ contract.

6. SCOPE

The scope of this contract is to provide a wide array of supplies that will enable INL and its partners to modernize equipment, facilities and technological resources of canine units. Supplies contemplated under this contract vehicle include, but are not limited to the equipment, items and accessories specified in APPENDIX A – TECHNICAL SPECIFICATIONS OF ITEMS.

The Contractor shall provide all resources including personnel, management, supplies, services, materials, equipment, facilities, and transportation necessary to provide the canine supplies specified in each order. All products will require local warranty, maintenance and support.

All products must be new and in their original packaging, meeting or exceeding the salient characteristics requested by INL. Refurbished, recycled, or used items are not acceptable. Components of the requested equipment shall be manufacturer-approved and may not be remanufactured or refurbished equipment. All items shall be covered by manufacturer’s warranty and procured through a manufacturer approved distribution channel. The Contractor shall be able to document its ability to provide items through manufacturer approved distribution channels upon request.

The goal of this requirement is to give IDIQ holders the ability to offer cost-effective solutions and the opportunity to propose innovative alternatives for meeting the objectives of each delivery order. The Contractor shall assemble, integrate, test, and deliver the equipment, provide transportation, installation, on-site training, warranty, technical support and all miscellaneous requirements necessary to accomplish the efforts described within each delivery order.

Additional supplies and services, within the general scope of the contract, may be added at the delivery order level.

7. DELIVERY LOCATIONS

The Government expects the majority of delivery orders awarded under this contract to be in support of INL’s operations in Mexico, however, since INL works with a large number of partner agencies to counter international crime, illegal drugs, and instability this contract vehicle can be used to support the State Department globally. Specific delivery locations will be filled in at the delivery order level. Each delivery order will indicate the final destination of the requested items, its delivery time, and the specific delivery terms, conditions, and procedures. The Contractor must provide the cost for shipping and handling on each delivery order.

8. EQUIPMENT AND SERVICES REQUIREMENTS

The Contractor shall provide a wide range of canine veterinary and training equipment. As required at the delivery order level, the Contractor shall provide:

a. Materials (e.g., hardware, consumables, and documentation)

b. Facilities (e.g., infrastructure preparations)

c. Life-Cycle Sustainment Services (e.g., warranty, pre-planned product improvement/technology enhancements, training services and materials, and performance-based maintenance).

8.1. Site Surveys: The Contractor shall gather the data required for optimal placement and installation of the large veterinary equipment (e.g., X-Ray machines) within the designated locations to support effective, safe, and efficient operation. The Contractor shall provide a site survey report including, at minimum:

· Survey findings.

· Analysis of the physical location and what would be required to support the equipment installation.

8.2. Training: The Contractor shall provide training for the equipment users for its proper operation and maintenance. Additional details will be provided at the delivery order level.

8.3. Operation testing: When required at the delivery order level, the Contractor shall perform and submit an operating tests after equipment installation.

8.4. Packing of supplies for shipment: Supplies shall be packed for shipment in a manner that will ensure acceptance by common carriers and safe delivery at destination.

Unless otherwise directed at the delivery order level, each box, carton, and package shall be marked as follows:

AMERICAN EMBASSY

Point of Contact (POC) (To be provided upon award) Task Order No. (To be provided upon award) City, Country Box #__ of __

Improperly marked shipments may be rejected by the Government, and the contractor shall be solely responsible for all costs associated with said deliveries and any required redeliveries. One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the “lead” or number one box/carton/package, or individually attached to the outside of each box/carton/package. All shipping documents and other delivery information shall also be provided to the Contracting Officer Representative (COR).

The packing and palletizing, if palletizing is required under this contract, must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: "Guidelines for Regulating Wood Packaging Material in International Trade" (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated delivery address that do not meet these standards will be rejected at the Contractor's expense. For any additional information concerning these requirements, please refer to the following www.cbp.gov/xp/cgov/import/commercial_enforcement/wpm or www.aphis.usda.gov/ppq/wpm/import.html

8.5. Inspection and acceptance: Inspection and acceptance terms, including point of inspection and acceptance, will be incorporated in each delivery order based on the nature of the services and/or supplies being acquired. Individual delivery orders issued under this contract may relax, augment, or otherwise revise the requirements of this section.

The Contracting Officer’s representatives are provisionally responsible for inspection and acceptance of the Contractor’s effort under this contract. The Contracting Officer is ultimately responsible for inspection and acceptance.

9. IDIQ CONTRACT DELIVERABLES

Unless otherwise identified, all contract-level deliverables must be submitted in English and in electronic format via email. The Government reserves the right to add data deliverables at the delivery order level. Deliverables may be required to be provided in a language other than English.

All documentation and reports developed or provided by the contractor shall become the property of the U.S. Government.

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

TABLE A. Deliverables

D01 – Export/import plan

D02 – Quality Control Plan

D03 – Monthly Progress Report

D04 – Packing list(s)

D05 – Close out documentation

9.1. EXPORT/IMPORT PLAN

The Contractor must provide and file all required shipping and export documentation and relevant permits and/or licenses or any other documentation necessary for the importation of the goods to Mexico.

NOTE: Neither the USG nor the Government of Mexico shall be involved in any way with the importation/exportation process.

The Contractor is solely responsible to clear customs, pay importation taxes and any other taxes or fees to make the importation and must provide all required importation permits and paperwork in compliance with Mexican Government regulations.

The Contractor shall be the importer of record. The Contractor assumes all responsibilities, risk, and costs associated with transporting goods to the delivery locations and shall comply with all applicable International, U.S., and Mexican Regulations.

An Importation Plan must be included as part of the Contractor’s proposal submission, explaining in detail the action(s) that will be taken to deliver the requested equipment to the final locations. In this plan, the Contractor shall provide a full understanding of the Mexican labeling and customs documentation standards. The Importation Plan must detail the port(s) of entry into Mexico, the custom broker(s) that will handle the importation, documents needed to perform the importation and regulations to be complied with by the Contractor to perform the import.

The Contractor must demonstrate a clear understanding of the importation process and the process to obtain the appropriate licenses, permits and certifications to deliver all equipment.

The Importation Plan will be considered as an evaluation factor when reviewing the Contractor’s proposal. Therefore, the absence of an Importation Plan at time of the Contractor’s proposal submission will deem the Contractor nonresponsive and not considered for contract award.

9.2. QUALITY CONTROL PLAN

The Contractor shall institute and maintain an appropriate system of quality control, to be set forth in a Quality Control Plan (QCP). The QCP shall be submitted to the Contracting officer (CO) and the COR no later than twenty (20) days after award of the contract. Specific task orders may also require a Quality Control Plan.

The plan shall be adequate for ensuring that all work performed under the contract is of the highest quality standards and consistent with best industry practices, to assure timely provision of services, optimum U.S. Government satisfaction. The plan shall include checklists of duties to be carried out by the supervisory staff and senior employees. The Contractor shall also conduct periodic inspections to determine whether the various services are being performed according to the contract. Records of all inspections conducted by the Contractor and necessary corrective actions taken shall be maintained by the Contractor. The Contractor shall make these documents available to the Government at the request of the CO or COR.

The Contractor shall hold all subcontractors to the same standards of performance as required from the Contractor in fulfilling the performance requirements of this contract and each task order.

9.3. MONTHLY PROGRESS REPORT

The Contractor shall provide monthly progress reports after the issuance of the first delivery order. These reports shall be in sufficient detail to allow the government to clearly understand progress achieved and the reasonableness of costs incurred. It shall also include performance metrics and monitoring in accordance with the QASP approved under this contract. Individual delivery orders will specify reporting requirements.

9.4. PACKING LIST(S)

A packing list or other suitable shipping document shall accompany each shipment and shall include the following information:

a. Name and address of consignor;

b. Name and address of consignee;

c. Government contract number (and delivery order number, if used);

d. Government bill of lading number covering the shipment, if any; and

e. Description of the items shipped, including item number, quantity, number of containers, and package number, if any.

9.5. CLOSE-OUT PROJECT DOCUMENTATION

Ten (10) days after all items are delivered, at the delivery order level, the Contractor shall provide complete documentation for all goods delivered. At a minimum, the closeout documentation must include:

a. Original equipment manufacturer documentation;

b. User manuals;

c. Warranty documentation including technical contact information, explanation of warranty coverage and the process to obtain warranty service; and

d. Commercial invoice.

In accordance with FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of a warranty, if any. Sufficient information shall be presented for supply personnel and users to identify warranted supplies. Warranty information shall include the terms and duration of the warranty and the name and telephone number of the Contracting Officer to be notified if the supplies are found to be defective.

10. GOVERNMENT QUALITY ASSURANCE

The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract and any resultant delivery orders. The role of the Government is to conduct quality assurance to ensure that standards are achieved. The Government will perform those quality assurance procedures that may be necessary to verify that performance is in accordance with the terms of the contract and its delivery orders. Government quality assurance will be performed routinely by the Contracting Officer’s representatives. However, other representatives, including third party contractors, may be called upon to support this effort as required. The COR or designated quality assurance evaluators will record all surveillance observations and will maintain a file of all inspection results.

Instances of unsatisfactory performance may result in appropriate actions taken by the Contracting Officer in accordance with the terms of this contract and resultant delivery orders.

In the event that an inspection identifies performance deficiencies, the COR may require the Contractor to explain, in writing, why performance was unacceptable, how performance will be returned to acceptable levels, and how recurrence of the problem(s) will be prevented in the future. The COR will evaluate the Contractor's explanation and take appropriate action. The Contractor shall promptly correct and improve any shortcomings noted during inspections. The Contractor shall also bring any conditions beyond the responsibility of the Contractor to the attention of the CO.

The terms in this section are designed to complement the provisions in the FAR Inspection clause applicable to the given task order.

11. VAT RECLAMATION

Value Added Tax (VAT) is 16% or the one stated in the Value Added Mexican Law Tax (VAT: https://www.diputados.gob.mx/LeyesBiblio/pdf/LIVA.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. In order 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 Article 29 A of the Mexican Fiscal Code or obtain a VAT Registration Identification Number from the Secretaria de Hacienda y Crédito Público 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.

· 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.

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.

The Contractor must also obtain and submit the “Complemento de Pago” in each factura as the primary proof of payment. According to the Fiscal Mexican Regulation, all vendors shall issue this Complement of Invoice Payment after receiving their pay from their facturas labeled as “Pago en parcialidades”.

Attached is the link with additional information Complemento de pagos - Factura electrónica - Portal de trámites y servicios - SAT

12. NON-PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized services or supplies, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of its own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract. Any such changes will be made in writing by the Contracting Officer.