Attachment 1_SOW Combined PPE_0006.docx

STATEMENT OF WORK

INL- Counter-Narcotics and Special Investigations

Personal Protection Equipment

August 2024

1. GENERAL

The U.S. Department of State is supporting 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 Mexico and the United States.

As part of this agreement the Counter-narcotics and Special Investigations Team (CSI) at the Bureau of International Narcotics & Law Enforcement Affairs (INL) Mexico will assist the Government of Mexico (GOM) to achieve the mission of identifying, interdicting, disrupting, and dismantling transnational criminal organizations (TCOs) and reducing the flow of narcotics.

2. SCOPE

The scope of work consists of procuring the list of Personal Protection Equipment (PPE) described in the APPENDIX A. TECHNICAL SPECIFICATIONS of this Statement of Work (SOW). All items must be NEW, unopened, and must meet or exceed the detailed specifications. Refurbished, used, or recycled items are NOT acceptable.

The Contractor shall also provide all transportation, labor and services needed to accomplish the efforts described in this SOW.

When submitting its proposal, the Contractor shall provide applicable specification sheets and photographs (in color) of items described in the APPENDIX A of this solicitation. The Contractor must provide a detailed Delivery Plan, outlining the procedures and strategy that will be used for procuring, transporting, and delivering all the items directly to the delivery locations. This Delivery Plan shall also specify if any of the requested items is no longer available in the market, has short inventory, or has delayed delivery times.

3. PERIOD OF PERFORMANCE

The estimated time for delivery of all equipment is no later than SIX (6) months after the actual date of contract award, with the option of extending the period of performance for six (6) additional months. After delivery is completed, the Contract shall offer a 12-month warranty for applicable items.

4. DELIVERY LOCATION INFORMATION

The Contractor is responsible for the delivery of all requested equipment to the following sites, according to the distribution listing included in APPENDIX B – DISTRIBUTION PER SITE. The Contractor shall separate the equipment and label boxes/packaging accordingly.

a. Attorney’s General Office (FGR) – La Muralla San Juan del Rio, Queretaro

b. Sinaloa State Police (SSP) Culiacán, Sinaloa

c. Mexican Navy (SEMAR) Mexico City

d. Mexican Army (SEDENA) Mexico City

Final delivery locations and GOM points of contact per delivery site, shall be confirmed by INL Mexico Logistics within 10 business days after the actual date of contract award.

Deliveries will take place Monday – Friday, between the hours of 08:00 to 17:00 hours. The Contractor must coordinate with INL Mexico Logistics at mexicocityinllogistics@groups.state.gov to obtain access to the project sites.

4.1 Once the contract is awarded, a kickoff call will be coordinated between INL Mexico and the Contractor to schedule a working delivery calendar.

NOTE: Deliveries to FGR La Muralla are a priority.

4.2 Items being acquired will be donated to the GOM. Therefore, a donation process must be completed before delivering any items. Once the donation process is completed, the Contractor will receive a written authorization from INL Mexico Logistics mexicocityinllogistics@groups.state.gov to deliver items described in this SOW.

4.3 No item can be delivered without prior authorization and coordination with INL Mexico Logistics. Once the Contractor receives written approval, a specific delivery date will be established.

4.4 The Contractor shall ensure all items are prepared for safe transportation once confirmation has been received from INL Mexico Logistics. The Contractor is also responsible of unloading all boxes and/or packages/pallets.

The Contractor shall consolidate the entire shipment per APPENDIX B, for each site, to prevent loss and misdirection. Upon notification, the Contractor shall replace lost or damaged items received during shipment.

Any costs or arrangements associated with getting all equipment to the delivery locations must be included in the cost proposal.

4.5 Bill of Materials

The Contractor must provide a detailed bill of materials to the following address mexicocityinllogistics@groups.state.gov to be verified and ratified by INL Mexico Logistics.

The list shall include:

· Item Description

· Name of Manufacturer

· Model Number

· Serial Number (if applicable)

· Quantity Delivered

· Volume and Dimensions

· Unit Price

· Extended Price, and

· Warranty beginning and expiration date (if applicable)

All paperwork must be provided at least FIVE (5) business days before the equipment is transported and delivered to each destination.

When delivering the equipment to each end user’s location and in the presence of the end user(s) and INL Mexico Logistics representative, the Contractor´s personnel must perform a physical inventory to ensure all delivered items are accounted for and no damaged items were received.

4.6 Packing and Marking

One copy of the packing list shall accompany the shipment, attached to the outside of each box/carton/package, and shall include (at a minimum) the following information:

· Name and address of consignor

· Name and address of consignee

· Government contract number

· Description of the items shipping, including item number, quantity, number of containers, and package number

· Name of the end user according to the distribution included in APPENDIX B.

Any supplies, excess material, or waste created because of delivering and unboxing the equipment of this project, shall be properly removed by the Contractor.

4.7 Inspection and Acceptance

Upon written approval from the Contracting Officer (CO) and after a physical inventory and inspection of all items has been performed at the Contractor-controlled location, the Contractor will be permitted to submit a partial invoice for products/equipment identified. The payment to the Contractor shall be made following satisfactory inspection and acceptance of products inspected by an INL Mexico Logistics representative.

Once all goods have been consolidated at the Contractor-controlled location, a U.S. Government representative will perform a physical inspection and provide a Receiving Report, after which the Contractor may submit an invoice for the accepted equipment (but not deliver) through the DOS Payment System. The Contractor will receive written authorization from INL Mexico Logistics to deliver to each end users’ location confirmed by the U.S. Government and submit additional invoices (if applicable and with prior written approval from the Contracting Officer) for these services once they are complete.

The Contractor is fully responsible for all products under its custody until all products are delivered to the end user(s) final location.

NOTE: A final inspection will be performed at each end user’s location to ensure all equipment previously inspected is received in satisfactorily condition.

4.8 Importation Permits and Licenses

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 in Mexico, pay importation taxes and any other taxes or fees to make the importation into Mexico and provide all required importation permits and paperwork in compliance with Mexican regulations.

The Contractor shall be the importer of record. No delivery shall take place until coordination with INL Mexico Logistics has been obtained. The end user and/or INL shall not be involved in any way with any importation or exportation issues.

The Contractor assumes all responsibilities, risk, and costs associated with transporting goods to the end user or transferring them at the destination port.

The contractor shall comply with all applicable International, U.S., and Mexican Regulations. All shipping documents, relevant permits and/or licenses, export declaration forms, and other delivery information shall be submitted once those are available to:

INL Mexico Logistics Email: mexicocityinllogistics@groups.state.gov

All shipping, importation, and export documentations and or any other documentations necessary for the importation of all products into Mexico, shall be submitted to INL Mexico as requested.

4.9 Importation Plan

Must be included as part of the Contractor’s proposal submission. If applicable, the Contractor must include an Importation Plan 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 of entry into Mexico, the custom broker 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 shall consolidate the entire shipment to prevent loss and misdirection of all equipment. Partial shipments are only allowed if authorized in advance and in writing by the Contracting Officer. All necessary export approvals, licenses, and related paperwork must be provided by the Contractor.

If an export/import license is required, the item(s) shall not be shipped until the export/import license is received/approved.

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.

5. IN-COUNTRY WARRANTY

The Contractor shall provide a copy of the warranty policy, detailing to which line items it applies, the warranty support and the procedures to follow when requesting warranty services, at time of proposal submission.

For all those items that are not considered as consumables, the Contractor shall offer a 12-month standard in-country warranty services on all applicable equipment noted under this solicitation. Warranty coverage shall commence after the delivery of, and when final inspection is completed at the end users’ locations and shall be applicable and serviceable in Mexico.

The Contractor must be capable to provide in-country (Mexico) warranty and support services for all applicable equipment. The Contractor must be able to provide and honor in-country warranty for all applicable equipment in Mexico, without any extra cost for the end user, warranty exercised without taking items (exportation/importation) from Mexico to any other country.

All expenses related with warranty application after donation to the end users are the Contractor´s responsibility. Neither the GOM nor the USG will be involved in the warranty application.

The Contractor shall provide a copy of the warranty policy, detailing the warranty support and procedures to follow when requesting warranty services. If the GOM or INL receives a warranty claim for defects in materials, functionality, or workmanship, the equipment will be sent to the nearest Contractor’s in-country location to perform an evaluation or the nearest Contractor’s location at no additional cost to GOM or INL to verify the status of the claim and respond officially in writing referenced the warranty claim.

If the Contractor determines that the product has a defect covered under this warranty, the Contractor shall replace the product or the part at no additional cost to the GOM or INL. When a product or part that is covered under the warranty policy needs to be replaced, neither the GOM or INL shall be financially responsible for the transportation of equipment nor for the replacement of equipment.

6. QUALITY CONTROL PLAN (QCP)

The Contractor shall institute and maintain an appropriate quality control plan that shall be submitted as a part of its proposal. QCP 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 and optimum US Government satisfaction.

The Contractor shall implement and adhere to the approved QCP when performance begins, and throughout the period of performance of the contract. The Contractor shall provide the CO with updates of the quality control plan as changes occur.

At a minimum, the quality control plan shall include the following:

· A method of identifying deficiencies in the quality of the products delivered before the level of performance becomes unacceptable.

· A method of documenting and enforcing quality control operations.

· The Contractor shall maintain records of all inspections and necessary corrective actions taken. The Contractor shall make these documents available to the Government throughout the term of the contract.

· The Contractor shall hold all subcontractors associated with the contract to the same standards of performance as required from the Contractor in fulfilling the performance requirements of this contract.

7. BI-WEEKLY DELIVERY REPORTS

Upon issuance of award the Contractor shall provide electronic bi-weekly progress reports, in PDF format, on delivered materials/items, progress made during the reporting period, pending deliveries, and invoice status. After the kickoff call, the Contracting Officer Representative (COR) will send the distribution list with the email addresses of the CSI Program Management points of contact.

Reports shall be submitted every other Friday detailing:

· Any issue(s)

· Concern(s)

· High Interest Item(s)

· Incident(s), and/or mishap(s) that have occurred during the reporting period and

· Any issue(s), concern(s), high interest item(s), incident(s), and/or mishap(s) that remain open from the previous reporting periods.

8. CLOSE-OUT DOCUMENTATION

Ten (10) business days after all items are delivered to all end users, per APPENDIX B, the Contractor shall provide complete documentation for all goods delivered under this contract. All documentation shall be provided in English and Spanish language unless otherwise noted in the contract.

· At a minimum, the closeout documentation shall include:

· Original equipment manufacturer documentation

· User Manuals

· Warranty policy and supporting documentation, including technical contact information, explanation of warranty coverage and the process to obtain warranty service, and

· Commercial invoice

9. DELIVERABLES

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

Table One – Deliverables

10. QUALITY ASSURANCE SURVEILLANCE PLAN

If end users or INL Mexico officials find an incomplete or defective item, they should immediately refrain from receiving it and notify the Contractor. If the Contractor fails to meet the performance standard, the U.S. Government reserves the right to act, including a deduction from any invoice.

The Contractor’s performance will be rated according to the following Quality Assurance Surveillance Plan (QASP). The Contractor shall implement and adhere to the QASP, when the project begins and throughout the entire period of performance of the contract.

Table Two – QASP

Standards Acceptable Quality Levels Method of Surveillance Incentive (Negative) (Impact on Contractor Payments)

No payment shall be processed until all items are delivered and INL Logistics prepares receiving report.

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 shall be made for any unauthorized supplies or services nor 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 CO is authorized to change the specifications, terms and/or conditions of this contract.

Source Selection Information – See FAR 2.101 and 3.104