19AQMR25N0002 DRAFT SOW CONOCER.pdf

This document is a draft requirements document intended for use as part of a Request for Information 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/GA/AMD

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

CONOCER Criminal Analyst Certification Services 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 perform all required services to certify Government of Mexico State and Federal Crime Analysts assigned to high-impact crimes and investigations units in the CONOCER Competency Standard. Other CONOCER Competency Standards and certifications are also included in the scope of this requirement.

Draft Statement of Work (SOW) 12-04-2024

DRAFT Attachment 1: Statement of Work CONOCER Criminal Analyst Certification Services

P a g e 2 | 11 This document is a draft requirements document intended for use as part of a Request for Information 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.

1. General

The Contractor shall provide duly qualified and professional experts, and any supporting requirements necessary to accomplish the efforts described in this Statement of Work (SOW) as a donation to benefit the Government of Mexico (GOM).

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 perform all required services to certify GOM State and Federal Crime Analysts assigned to high-impact crimes and investigations units in the CONOCER Competency Standard.

3. Objective

The objective of this SOW is to facilitate and administer various “Consejo Nacional de Normalización y Certificación de Competencias Laborales” (CONOCER) Competency Standard Certifications to U.S. Government identified GOM partners. The first competency standard needed is for GOM State and Federal criminal analysts throughout Mexico to receive the CONOCER Competency Standard 1599. This will offer integrated certification for Mexican Federal and State 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). Once the certification is completed, participants will return to their agencies with the investigative tools and knowledge required to conduct proficient crime analysis in direct support of high-impact crimes and TCOs related crime activities in Mexico.

4. Scope

The scope of this project is:

• Conduct an estimated 850 competency certification evaluations for State and Federal criminal analysts in the 1599 Competency Standard, within 12 months after award of the

P a g e 3 | 11 This document is a draft requirements document intended for use as part of a Request for Information 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.

contract. This project shall be performed in various locations throughout the country of Mexico.

• Issue up to 850 1599 certification documents for approved candidates.

• These numbers are estimates based on current needs. The scope of this contract is not intended to be limited to 850 certifications.

• The scope of this contract also includes other, future, CONOCER Competency Standards (e.g. EC0217 - Impartición de cursos de formación del capital humano de manera presencial grupal, EC0301 - Diseño de cursos de formación del capital humano de manera presencial grupal, sus instrumentos de evaluación y manuales del curso, EC1152 - Investigación de posibles transgresiones al régimen disciplinario en Asuntos Internos, EC1588 - Elaboración del análisis delictivo para la investigación y prevención del delito) that INL Mexico determines in the future. These would be issued as separate orders.

Under this SOW, and during the base year of the contract, the Contractor shall provide certification services for State and Federal criminal analysts for the Competency Standard 1599.

The awarded contract will include one at minimum one initial order in the Base Year to certify criminal analysts in generating analysis products for use in investigations, analysts in Mexico will uniformly enhance the quality of their products and ensure compliance with legal requirements for use in criminal cases. This improvement will increase the quality of investigations and prosecutions, leading to a reduction in impunity and improved public safety in Mexico and the United States.

After completion of the base year and/or initial order, other certifications may be added in subsequent option years.

5. Relationships

The Contractor shall manage the entire certification process, including evaluations, certification issuance, participant rosters, surveys, and all associated documentation. The INL Program Manager shall work with the contractor, as needed, to ensure full success of the contract.

INL will uphold the relationship with State and federal law enforcement and justice institutions at each location involved in the certification. As a result, lists of participants for each certification evaluations will be generated.

6. Performance Requirements

P a g e 4 | 11 This document is a draft requirements document intended for use as part of a Request for Information notice.

It has been developed by the Government for market research purposes only. Nothing in this document can be

The Contractor shall adhere to the following requirements:

5.1 General Requirements

5.1.1 INL will provide the Contractor, the candidates to be certified, after internal discussion and consideration.

5.1.2 To improve the success of criminal analysts in certification, it is essential to standardize methodologies to ensure the quality and reliability of analytical products, thereby enhancing prosecution effectiveness and supporting justice.

5.1.3 Perform up to 850 certification evaluations processes in the Competency

Standard number 1599 (related to standardize methodologies to ensure the quality and reliability of analytical products). The process shall be conducted according to CONOCER standard procedures.

5.1.4 Manage formalities with CONOCER to issue up to 850 certification documents for approved candidates.

5.2 Kick off meeting

At the beginning of performance for each order issued under this contract, The Contractor shall call an initial kickoff meeting including INL and GOM. INL, GOM and the Contractor shall agree on a common communication process and information exchange mechanism. These processes may vary based on the GOM personnel receiving certification and their organizational requirements.

5.3 Certification/evaluation process

• The Contractor shall admit to the certification evaluation sessions only those candidates provided by INL (after the vetting process).

• The Contractor shall be able to perform evaluations 5 days after INL provided the

Contractor with the list of participants.

• The Contractor shall coordinate with INL evaluation calendar and requirements for the evaluations.

P a g e 5 | 11 This document is a draft requirements document intended for use as part of a Request for Information 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.

• Before beginning the evaluation/certification process, the Contractor shall register all candidates to be evaluated and their personal documentation with the CONOCER system, according to CONOCER rules and regulations.

• The certification/evaluation process shall be conducted in Spanish.

• The Contractor shall perform the certification evaluation of each candidate, according to CONOCER processes and 1599 Standard specific requirements.

• After the certification evaluation session, the Contractor shall inform INL if the candidate is approved or rejected for the certification. The Contractor shall inform the candidate directly regarding their results.

• The Contractor shall be able to provide feedback of all evaluations performed to candidates and INL.

• The Contractor shall send INL a report of approved and rejected candidates for certification, indicating the agency they represent.

• The Contractor is responsible for providing the evaluators with all material needed to perform the evaluation process. Evaluators are expected to bring any required materials to the evaluation facilities.

Instructional activities:

• The Contractor shall provide three evaluators to cover around 24 analyst a week.

Each evaluator will assess 2 analyst per day.

• On Monday, a virtual informational session should be held with the candidates scheduled for that week, providing details about the evaluation process.

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

• For all sessions, the evaluators shall remain additional time after the evaluation 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.

• Evaluators must complete the scheduled number of assessments each week and report them before the end of the following week

• The standard schedule shall be from 8:00 a.m. to 6:00 p.m. from Monday to Friday with 1 hour lunch break. In the case that some participants quire additional time to complete the certification process, evaluators must work with participants

P a g e 6 | 11 This document is a draft requirements document intended for use as part of a Request for Information 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.

up until 9pm, only as needed..

• 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.

• If INL determines the need for additional assessments, the Contractor will be advised and given sufficient time to submit additional evaluators to INL for approval and inclusion in the pool of approved evaluators.

• INL shall provide materials in electronic version to the Contractor, after the contract is awarded.

• Evaluators shall conduct assessments according to case of study material provided by INL.

• 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 assessments shall take place. This local Point of Contact shall provide administrative support in the classroom.

• 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.

7. Special Requirements/Constraints

8.1 The Contractor shall fulfill at least the following requirements and submit evidence at the time of the proposal:

• Be formally registered at CONOCER as an Evaluation and Certification Institution.

• Have at least six evaluators, recognized and certified by CONOCER in related standards.

• Each evaluator must have in-depth experience in criminal analysis and at least one year of experience in the CONOCER certification process

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

8.4 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 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.

P a g e 7 | 11 This document is a draft requirements document intended for use as part of a Request for Information 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.

8.5 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 certification process, that the applicant may be denied or removed from the certification process. Furthermore, the USG is not held liable in this instance.

Evaluators should comply with a "Courtesy Vetting Plus" process. To facilitate this process, the Contractor must provide the following biodata for each approved evaluator: full name, date of birth, place of birth and registration, CURP, and the agency or organization to which the candidate belongs in a dedicated spreadsheet for these cases, which must be completed and submitted via email after award.

8. Place of Performance

The evaluations shall be held in-person, in State and federal law enforcement and justice institutions across Mexico. Actual places will be provided to the Contractor by INL. The locations could be in any state of Mexico, depending on need, interest, safety, and health conditions. The list of actual locations will be provided at least 14 days prior the evaluation starts.

9. Travel

Understanding that the course locations could be in any state of Mexico, the contractor shall develop and propose a firm-fixed price travel rate that accounts for all travel related costs including but not limited to evaluators travel, lodging expenses, meals and incidental expenses, travel time, etc.

As a firm-fixed price, the price is not subject to any adjustment based on the contractor’s cost experience in performing the work. The same rate shall apply for any location within the country as selected by INL.

10. Deliverables:

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

Table A

P a g e 8 | 11 This document is a draft requirements document intended for use as part of a Request for Information 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.

Deliverable

SOW

Reference Due Date Frequency Distribution

D01 Work Plans No later than 3 days after INL notification As needed INL

D02 Participant List Every Friday afternoon

D03 Group roster

5 working days after conclusion of evaluation

As needed INL

D04 Digital Copy of approved candidates Certificates

No later than 40 days after Certification notification

As needed INL

D05 Global Report End of project One Time INL

1.1 Workplan. This document shall specify dates, location, evaluators assigned, names of candidates

1.2 Participant List. Every day evaluators 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 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.

1.3 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.

11. VAT AND IMPORTATION TAXES / DUTIES RECLAMATION

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 http://www.diputados.gob.mx/LeyesBiblio/pdf/77_230421.pdf

P a g e 9 | 11 This document is a draft requirements document intended for use as part of a Request for Information notice.

It has been developed by the Government for market research purposes only. Nothing in this document can be 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 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:

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

P a g e 10 | 11 This document is a draft requirements document intended for use as part of a Request for Information 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.

• 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.

• 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.

12. Type of Contract

This is a FIRM-FIXED price contract. Travel (with rates not to exceed published DSSR rates) and IVA/VAT will be on a COST REIMBURSABLE basis.

All travel costs must be pre-approved by the GTM/COR.

No amount above the awarded amount will be paid based on cost overruns, changes in currency fluctuations or any other unforeseen costs. INL will not reimburse offerors for the cost associated with preparing a proposal or any protests arising from this solicitation.

mailto:DOSPayments@state.gov

P a g e 11 | 11 This document is a draft requirements document intended for use as part of a Request for Information notice.

It has been developed by the Government for market research purposes only. Nothing in this document can be

13. COVID Protocols

All persons involved in the training and delivery of these sessions into Mexico must adhere to all COVID-19 safety protocols in effect from the Government of Mexico at the time of training.

Although delays due to COVID-19 pandemic restrictions are considered an unforeseeable circumstance (force majeure).

All security measures are the responsibility of the contractor.

Embassy Mexico City Security Office publishes security updates on a regular basis and should be reviewed by the contractor. The COVID-19 pandemic continues to affect countries differently.

Challenges to any travel at this time may include mandatory COVID-19 testing requirements, quarantines, travel restrictions, and closed borders.

Mexico has lifted stay at home orders in some areas and resumed some transportation and business operations. It is the responsibility of the contractor to verify restrictions within Mexico.