PR9038621_Attachment 2 - SOW.pdf

STATEMENT OF WORK

Customs Brokerage Services for INL Mexico, 2020

1. GENERAL

The U.S. Department of State is supporting the Merida Initiative on an on-going, long-term agreement between the U.S. and Mexican governments to detect, deter, prevent, and mitigate criminal activity in Mexico and its effects in both Mexico and the United States. As an important part of this process, items need to be imported in accordance with U.S. and Mexican regulations.

1.1 Acronyms

• INL- Bureau of International Narcotics and Law Enforcement Affairs

• PO- Purchase Order

• COB- Close of business day

• CBP- U.S. Customs and Border Protection

• POP- Period of Performance

• AICM- Aeropuerto Internacional de la Ciudad de México/ Mexico City International Airport

• SRE – Mexican Secretariat of Foreign Affairs

• ITAR – International Traffic in Arms Regulation

• COVE – Electronic Value Vouchers

• VUCEM – Ventanilla Unica de Comercio Exterior/Special Access to the Foreign Trade Office’s system known as “VUCEM” seal

• DTA – Derecho de Tramite Aduanero/ Special tax established by Mexican Customs

• SAT – Sistema de Administracion Tributaria/ Mexican Customs Agency

• SENASICA - Servicio Nacional de Inocuidad y Calidad Agroalimentaria/ National Agency for

Agro–Food Safety and Quality.

• NOM – Norma Oficial Mexicana/ Official Mexican Customs Standard

• CAAAREM - Confederation of Associations of Customs Brokers of the Mexican Republic

• ETA – Estimated Time of Arrival

• SEDENA – Secretaria de la Defensa Nacional.

• SENER – Secretaria de Energia.

• COFEPRIS – Comision Federal de Prevencion contra Riesgos Sanitarios.

• PO – Purchase Order

2. BACKGROUND

INL is part of the U.S. Department of State’s multi-faceted response to transnational criminal activity.

Dedicated to strengthening criminal justice systems, countering the flow of illegal narcotics, and minimizing transnational crime, INL plays a key role in leading the development and synchronization of U.S. international drug and crime assistance. INL’s technical support is tailored to bolster capacities of partner countries through multilateral, regional, and country-specific programs.

The Merida Initiative, signed in 2008, is an unprecedented partnership between the United States and Mexico to fight organized crime and associated violence while furthering respect for human rights and the rule of law. Under the Merida Initiative, the United States has forged strong partnerships to support Mexico’s efforts toward implementation of criminal justice reforms at the federal and state levels.

In support of the Merida Initiative, the INL section of the U.S. Embassy in Mexico City requires customs brokerage services in Laredo, TX, in order to import mission-critical items to Mexico City or any other port of entry within Mexico.

3. OBJECTIVE

The principal objective of this task is to acquire customs brokerage services for INL Mexico based on our specific requirements.

4. SCOPE

The scope of this project is to provide customs brokerage services, including U.S. exportation and Mexican importation services.

It is required that the Offeror provides the following services related to customs broker operations:

All imports into Mexico shall be done under established INL donation procedures. INL Logistics will be responsible for explaining those procedures to the offeror and will provide any applicable paperwork, process flow charts, and legal documentation to perform importation after the contract award.

4.1. LABOR REQUIREMENTS

The required services are:

Customs Broker The Offeror shall provide customs brokerage services to perform the full and complete importation of goods shipped from the United States into Mexico. This means that the Offeror is responsible for the exportation of all items from United States to Mexico as well as the importation of all items into Mexico from the United States. The type of goods includes but are not limited to vehicles, X-ray machines, K9 training equipment, forensics equipment, inspection equipment, Police training equipment, textile materials, and live dogs of various breeds. The Offeror must consider the two importation methods that INL Mexico has been working under since the beginning of the Merida Initiative in accordance with Mexican SAT regulations: Rule 3.3.7 or Rule 3.3.1. For a detailed explanation on these rules, please refer to Section 5, Applicable Documents.

The Offeror shall provide services from Monday through Friday during normal business hours from 08:00 AM to 18:00 PM Central Standard Time. Some after-hours work may occasionally be required, though INL Mexico will provide explicit instructions on any required when needed.

The Offeror shall provide the required personnel with the necessary knowledge in imports and exports, Customs issues and other knowledge related to the subject to completely fulfill INL’s requirements outlined in this document. Offeror’s employees will perform all the services required under this Statement of Work, which includes but is not limited to tariff classifications.

Contractor shall perform all activities necessary to secure the proper entry release for the clearance from US Customs of all foreign purchased orders, wherever they may arrive in our Country, by any carrier, at any port, in a manner expedient to the INL Mexico and in accordance with accepted Customs Brokerage practices

5. APPLICABLE DOCUMENTS

Offeror will be responsible for completing any applicable export declarations required by U.S.

customs and any import declarations required by Mexican customs as need. In some cases, the required format must be filled-in by the supplier of the products. In those cases, the customs broker must notify INL Logistics in order to determine the formats to use.

Certain items may require an ITAR** permit which is an export license that must be completed by the vendor. The Offeror is responsible for ensuring all required documents for ITAR items, or any other items, are completed in accordance with any and all applicable laws and regulations.

Mexican International Customs Rule 3.3.1 of Foreign Trade.-. Importation of Goods for National Security:

According to Articles 36 and 61, Paragraph I of the Mexican Federal Law, the institutions and authorities responsible for preserving National Security, referred to in the Law of National Security and the General Administration of Customs, can import goods to perform actions aimed at protecting national security within the framework of their respective powers without submitting a regular importation request format. Instead, they use the so-called “Authorization for the Importation of Goods for the Purposes of National Security” format. In this case, it is important to note that the Offeror will only be requested to complete the American Shipper Export document. Please refer to Section 10.2 for documentary requirements related to importation.

Mexican International Customs Rule 3.3.7 of Foreign Trade.-. Importation of Goods Sent by Heads of State or Foreign Governments:

According to Article 61 of the Mexican Federal Law, those who receive goods sent by Heads of State or Foreign Governments must certify that they have received previous approval from SRE, which will be included in the corresponding importation request and which must comply with applicable non-tariff regulations and tariff restrictions. These regulations and restrictions are mostly related to the country of origin and the nature of the goods themselves. In this case, the Offeror will provide all the documents needed to complete the importation process. Please refer to the documents established in Section 10, Labor Requirements.

*Pedimento is a tax receipt that indicates to the Federal Tax Agency in Mexico that any payments for the entry or exit of foreign trade goods to or from the Mexican territory have been made accurately and completely. This document verifies the legal status of the goods that were imported and includes data such as: name of the importer, customs of arrival of goods, customs regime, name of the exporter (supplier), country of origin of goods, tariff fractions, quantities and units of measure, number of packages, invoice(s) (replaced by the Donation Letter provided by INL) covering such goods, incoterms, restrictions and non-tariff regulations among others.

**ITAR are export control regulations run by different departments of the U.S. Government that control the export and import of defense-related articles and services.

6. PERIOD OF PERFORMANCE

As a POP, please consider it to be 12 months after contract is awarded for base year. Regarding the OY 1, 12 months after the completion of the base year; OY 2, 12 months after the completion of the previous OY, and so on until OY 3.

7. PLACE OF PERFORMANCE

Vendor shall provide services in Mexico and US border using the crossing lines like: Nuevo Laredo, Tamaulipas and/or Colombia (second border bridge in Laredo), Nuevo Leon, Matamoros, Tamaulipas and, occasionally, through AICM in Mexico City and, Tijuana and/or Mexicali, Baja California Norte.

8. DELIVERABLES

Offeror shall provide services within 24-48 hours of receiving notice to proceed but it is not limited to, in the understanding that occasionally this time frame may vary depending on external factors such as any failure in the internal system from SAT or at the moment of any justification process with the CAAAREM.

The Offeror shall provide copies of every export/import entry for each operation (“pedimento” and shipper export documentation from the United States) so INL Mexico can confirm the exit of goods from the United States and the entrance of goods into Mexico. These documents shall be sent via email to: MexicoCityINLLogistics@state.gov

Deliverable

No. Description Due Date Frequency Distribution list

CLIN 001-

Pedimento/Shipper Export

A copy the same day of the importation/exportation services, via email

For each service requested

INL Logistics mail address:

MexicoCityINLLogistics@state.gov

CLIN 002- Expenses

Report Every Friday

Each week, considering the services done during the weer

INL Logistics mail address:

MexicoCityINLLogistics@state.gov

9. GENERAL REQUIREMENTS

If at the time of crossing the border the cargo shipment is examined by CBP, the Offeror must take into account estimated costs for any services which may include a physical inspection and manpower or equipment necessary for the unloading and the re-loading of cargo prior to continuing a trip to its final destination.

9.1 SPECIAL REQUIREMENTS (for live animals)

The Offeror will be informed by INL when applicable on the importation of live animals and the offeror shall provide quotes for this service as follows:

• Importation & Custom clearance mailto:MexicoCityINLLogistics@state.gov

• Maneuvers for Pedimento: physical maneuvers in the customs warehouse located in the airport

• Previous inspection visit per PO, mainly for multiple PO’s: a Previous inspection is a visit to inspect the items to be imported in order to establish a customs tariff. Once the total quantity of goods is available in the warehouse, the Custom Broker can schedule a visit for the previous inspection, it won’t be necessary to do a previous once the shipment is ready to go.

• Deconsolidation: separation or deconsolidation of consolidated shipments

• COVE / VUCEM forms

• Pedimento form

• Complementary Services: services that could be needed now when the importation takes place like transportation within the SAT facilities at the airport or extraordinary services inside the warehouse, for example.

• Phytosanitary certificate: required to allow the entry of any living animal into Mexico, this certificate is obtained at the airport in the moment of the physical inspection by the authorities from SENASICA.

• Cleaning and incineration services in case it is required

• Custom brokerage fee

• Any other expenses that may be required for the importation of the live animals

10. ORDERING METHOD

It is required that the Offeror provides the following services related to customs broker operations:

All imports into Mexico shall be done under established INL donation procedures. INL Logistics will be responsible for explaining to the offeror those procedures and will provide an example of any applicable paperwork, process flow charts, and legal documentation to perform importation after contract award.

Offeror shall perform a documental classification by item contained in each PO once logistics team provide he/she a copy of such PO (INL will be charged for documental previous inspection once), when the complete assets of a PO arrive to the INL warehouse in Laredo, TX, INL Logistics will inform the Offeror when to perform a physical inspection of the goods contained in the entire PO by donation folio in order to get the tariff classification, no matter if the PO is distributed. Once offeror complete the previous inspection must send a report via email to INL/Logistics specifying the tariff classification of all the goods and its importation/exportation requirements.

Offeror shall inform INL Logistics of all exports (shipping out of the United States) and imports (shipping into Mexico) requirements for each item no later than 24-48 hours after inspection and classification of goods at the Laredo warehouse. Offeror shall indicate whether an exportation and/or importation permit is required and specify which type.

Regarding the activity of confirming the quantities of the goods, this is a responsibility of the warehouse in Laredo or Brownsville, they must count the goods and make sure to ship the correct quantities of the items in each shipment accurately according to the donation letter and to the pedimento. But that does not exempt the Customs Broker to assure this accountability too, so in this case the responsibility is shared between the broker and the warehouse.

Summarizing the process established in this SOW, it is as follows: 1) INL Logistics will provide a PO for documental classification purposes, 2) Once the goods have arrived completely to INL rented warehouse, the physical previous inspection will be requested by Donation folio, (At this time, the vendor will be able to make the first filter and note if the tariff classification changed with respect to what they had previously provided in the documental review (Step 1), this should happen in a period relatively close to the date of crossing), 3) By the time Logistics team sends importation instructions, and the pedimento gets ready, this will serve as the third filter to verify if the tariff classification changed in comparison to the one beforehand provided after the previous physical (Step 2), in case it has changed, the offeror shall inform INL Logistics immediately (hoping that there was no change),

4) in case a second physical previous is necessary, (i.e. if too much time had elapsed between the previous physical and the date of crossing), it will be requested by logistics team, in case this is required, the offeror shall charge INL additionally.

Offeror shall indicate whether the equipment to import is subject to “Norma Oficial Mexicana (NOM)” regulations and to draft the NOM exception letter when applicable no later than 48 hours after merchandise is inspected at INL rented warehouse. INL must be notified by the offeror every time a special permit (including those listed in point 5. Applicable Documents) is required for the exportation from the United States and the importation into Mexico with enough time before the shipment.

For some operations, only U.S. customs export clearance will be required, meaning no Mexican import customs clearance is needed from the customs broker. INL Logistics will indicate when this will be required. When performing an importation under rule 3.3.1 it is not necessary to set up a “pedimento”** (for further explanation of “pedimento” document see Section 5, Applicable Documents) since only the service of a U.S. customs broker is required.

The Offeror shall be responsible to conduct a previous of the goods to be imported. A previous is a physical inspection to establish the classification of the goods based on the nature of the goods or the origins of the goods.

The offeror shall have previous proven and continuous experience with Mexican International Customs Rules 3.3.1 (National Security Law) and 3.3.7 (Law for those who receive merchandise sent by Heads of State or Foreign Governments) of Foreign Trade as well as with the materials/items like dogs, forensic equipment, defense equipment, vehicles, protective equipment, drones, X-Ray machines or any other items that need special permits from SEDENA, COFEPRIS and SENER, but it is not limited to this, which are imported/exported.

The Offeror shall have proven experience importing live animals from different breeds coming from different countries such as United States, Netherlands, and Colombia, among others.

The Offeror shall know and be ready to comply with applicable requirements in the event an animal arrives dead.

Regarding the importation of live dogs, the Offeror shall consider that the number of flights from origin countries could vary.

The Offeror shall understand and comply with the entire requirements to import live animals into Mexico and to provide a list of requirements, in case they are needed, to assure the smooth importation / entrance of live animals into the country. Also, should consider other possible services required from SAT or SENASICA in order to import living dogs into Mexico in a period of no longer than 10 hours after arrival at any port of entry within Mexico.

The Offeror shall be a registered customs broker in the AICM and be completely aware of all the SENASICA’s requirements for importations. INL is required to provide this information 48 hours prior to the ETA to the AICM personnel.

The Offeror shall be able to deliver the live animals outside of the AICM as instructed by INL.

The Offeror shall be able to perform services within 24-48 hours of receiving the notice to proceed.

10.1. The Offeror shall provide copies of every export/import entry for each operation (“pedimento” and shippers export documentation from the United States) so INL Mexico can confirm the exit of goods from the United States and the entrance of goods into Mexico. These documents shall be sent via email to: MexicoCityINLLogistics@state.gov

10.2. The offeror must be able to comply with the following requirements:

a) Previous visit at INL rented warehouse (please see explanation in Section 9 Special Requirements) Documentary tariff classification

b) American Shipper Export

c) Pedimento de Exportacion

d) American Inspection (if required)

e) Mexican Inspection (if required)

f) Reissue of Pedimento as needed

10.3. Offeror shall provide a designated customer service Point of Contact to INL Logistics for the duration of the contract. This POC must be reachable via cell phone or email at any time.

10.4. Work Orders for the performance of this contract, will be submitted in accordance to INL Logistics’ needs and will include (a template mail is adding to this SOW as a reference):

a) Name of contractor

b) Contract Number

c) Date of Purchase

d) Purchase Number

e) Name of person placing the order

f) Itemized list of shipment and services furnished

QUALITY ASSURANCE SURVAILLANCE PLAN

This Quality Assurance and Surveillance Plan (QASP) is designed to provide an effective surveillance method to promote effective Contractor performance. The QASP provides a method for the INL to monitor Contractor performance and advise the Contracting Officer of unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.

Required Service Performance Standards

Acceptabl e Quality Levels

Method of

Surveillanc e

Incentive (Negative)

(Impact on

Contracto r

Payments

Pedimento/Shipper s export for each service requested.

(SOW 5, 8 & 10)

Reports are written clearly and concisely, comply with contract requirements and are professionally sound.

Reports submitted no later than the due dates.

80%

Random audits to the reports during the

POP.

Low rating in CPARS.

Vendor Certification in accordance with U.S. and Mexican regulations.

(SOW 4.1)

Perform the full and complete importation/exportatio n process of goods shipped between the United States and Mexico with valid certification.

100%

Audit at the time of award and middle award.

Low rating in CPARS;

appropriat e action under the inspection and termination clauses of the contract.

Expenses report every Friday.

(SOW 8)

Timely and complete reports to prescribed requirements in SOW point 8.

70% Audits to the reports in a quarterly frequency and before the end of fiscal year.

Low rating in CPARS;

for not meeting

Acceptable Quality Level.

Surveillance. COR will receive and document all complaints from INL/logistics personnel regarding the services received. If appropriate, COR will send the complaints to the Contracting Officer for transmittal to the Contractor for corrective action.

Template of the importation instructions email:

Buenas tardes

En seguimiento a la adjudicación a su favor de la Orden de Compra 19MX9020XXXXX se solicita el siguiente servicio de importación:

• Tipo de operación: Pedimento de importación, RCGCE 3.3.7. Por favor confirmar si para este tipo de importación el pedimento es el mismo.

• Folios de donación:

• PO’ a importar:

• Usuario final:

• Fecha de importación:

• Fecha de envío de datos de transporte:

El servicio debe ser coordinado con:

POC:

Recolección:

AGR/ INL Mexico

4605 Maher Avenue

Laredo TX 78041

En adjunto podrá encontrar los documentos requeridos para esta operación:

• PO

• Carta de Donación

• Carta de Aceptación

• Visto Bueno

• Carta NOM

• Carta Compromiso

• Carta 3.1.7

Datos Transportista:

Agradezco que una vez cumplido el servicio de la orden de compra en su totalidad, y para efectos de agilizar el pago del mismo, siga los siguientes pasos:

1. Los servicios debidamente especificados en la Orden de Compra: xxxxxxxxxx, deberán ser plasmados en la (s) Factura (s) en forma fiel y exacta.

2. De acuerdo a las regulaciones del Departamento de Estado, al recibir la PO por el área de Procurement le anexamos las Regulaciones de Adquisiciones Federales por sus siglas en inglés

(FAR), así como Las Regulaciones de Adquisición del Departamento de Estado (DOSAR), por sus siglas en inglés.

3. Una vez que la totalidad de la Orden de Compra fue entregada, favor de enviar la documentación descrita abajo vía email a la siguiente dirección: MexFMCInvoices@state.gov , los siguientes documentos:

· Factura electrónica o escaneo de la original. La factura debe contener el número de orden de compra: xxxxxxxxxxxxx

· Copia de la Orden de Compra: xxxxxxxxxxxxxxx

Favor de confirmar la recepción de este correo y la aceptación del servicio en tiempo y forma.

10.5. Services Coordination

Local hired employees and third-Party Contractors from INL Logistics together with the assigned COR, are authorized to coordinate and follow up on the work order requests.

POC:

Mexico City INL – Logistics MexicoCityINLLogistics@state.gov

11. VAT RECLAMATION AND INVOICING

Reclamation Process The Contractor must follow the invoicing procedures established by INL to allow the U.S. Embassy Mexico to reclaim the IVA/VAT taxes charged. All importation taxes and duties reclamation that are generated when vendor direct deliveries to any State within the Mexican States from the United States either by the Contractor or a subcontractor must be itemized in all invoices. All purchases made in Mexico are subject to VAT and this VAT must be paid by the Contractor. VAT, or “IVA” as it is known in Mexico, must be itemized in all invoices.

Before the Contractor may impose and collect VAT on its “tax-relief invoices,” the Contractor is required to obtain a VAT Registration Identification Number from the Secretaria de Hacienda y Credito Publico (aka Hacienda). The Contractor must provide the necessary invoicing to enable the U.S. Government to obtain reimbursement for VAT and all importation taxes and duties. This tax relief benefit is extended only to the U.S. Government – not the Contractor – as a diplomatic privilege. The current tax-relief invoicing requirements are outlined in the subsections that follow.

Notwithstanding any other provisions of a contract, in the event the Government of Mexico revises the requirements, the Contractor must follow the new requirements as soon as the Contractor is notified in writing of the new requirements by the Contracting Officer (CO).

Invoice Requirements

The Contractor’s tax-relief invoices must provide the following:

• Contractor’s name and address.

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

• 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 must be the same.

http://redirect.state.sbu/?url=mailto:MexFMCInvoices@state.gov

• Required legal wording dealing with illegal reproduction of the tax-relief invoice document.

The printing company information must include the date of printing and official authorization number.

• Customer name “Embajada de Estados Unidos de Norte America”

• Embassy current address: Avenida Paseo de la Reforma No 305, Colonia Cuauhtémoc, 06500.

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

• Quantity and description of acquired services or merchandise.

• All pricing/totals must be listed in contract currency.

• (If applicable) The number and date of customs import documents associated with all sales of imported merchandise.

Invoice must say “FACTURA.” All invoices (“FACTURAS”) must be presented to the U.S. Embassy as an original. If the invoice is not complete, the final amount to be reimbursed may be reduced by Hacienda.

Partial invoicing is acceptable and encouraged after delivery of services to expedite payment to the Contractor.

All electronic invoices should be submitted to Mexico City INL Invoices mexinlinvoices@state.gov These requirements apply to all supplies and services delivered in Mexico that are provided to the U.S. Government as part of this contract.

All VAT/IVA documentation must be submitted to the INL for approval and subsequent submission to Hacienda.

mailto:mexinlinvoices@state.gov