RFQ_SAM_19MX9021Q0008_CUSTOMS BROKER 2021.pdf

EMBASSY OF THE UNITED STATES OF AMERICA

U.S. Department of State

Bureau of International Narcotics and Law Enforcement Affairs (INL) Mexico City, Mexico

RFQ Number 19MX9021Q0008 April 27,2021

To: Prospective Quoters

Subject: Request for Quotations number 19MX9021Q0008

The Bureau of International Narcotics and Law Enforcement (INL) at the U.S. Embassy in Mexico City invites you to submit a quotation for Customs brokerage services for INL Mexico in accordance with requirements outlined on RFQ 19MX9021Q0008.

Quotations must be submitted via email no later than June 07, 2021 at 16:00 hours (Mexico City, Mexico) time:

mexicocityinlprocurement@state.gov

Questions pertaining to this solicitation, if any, must be received by the Government no later than May 12 ,2021 at 16:00 hours (Mexico City, Mexico).

The U.S. Government intends to award a purchase order to the responsible company submitting an acceptable quotation at the lowest price. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions if it is in the best interest of the Government to do so.

Unless an exception in FAR 4.1102 applies, your company must be registered in the System for Award Management (SAM) (www.sam.gov) in order to be eligible for award. You may contact Granadosm@state.gov should you have any questions relating to SAM registration.

Sincerely, Mara Granados INL- Procurement Supervisor mailto:mexicocityinlprocurement@state.gov http://www.sam.gov/ mailto:Granadosm@state.gov

AUTORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

PR9873963

PAGE 1 OF 74 PAGES

2. CONTRACT NO. 3. AWARD/ EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

19MX9021Q0008

6. SOLICITATION ISSUE

DATE

04/27/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Mara Granados

b. TELEPHONE NUMBER(No collect calls) 525550802000

8. OFFER DUE DATE/

LOCAL TIME

06/072021 / 16:00

9. ISSUED BY CODE MX900 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

EDWOSB EMERGING SMALL BUSINESS

AMERICAN EMBASSY MEXICO

PASEO DE LA REFORMA 305, ATTN: NAS

MEXICO CITY 06500

MEXICO

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS 8 (A) SIZE STANDARD:

13b. RATING11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

x SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

x RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

AMERICAN EMBASSY MEXICO

PASEO DE LA REFORMA 305, ATTN: INL

MEXICO CITY 06500

MEXICO

AMERICAN EMBASSY MEXICO

PASEO DE LA REFORMA 305, ATTN: INL

MEXICO CITY 06500

MEXICO

CODE FACILITY

CODE

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY MEXICO

PASEO DE LA REFORMA 305, ATTN: FMC

MEXICO CITY 06500

MEXICO

CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _ __ COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. _ _______________ OFFER DATED

_ __________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS

TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED x x

X

Price Schedule

ITEM NO. 20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NO. 40. PAID BY

41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41C. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 1449 cover sheet

• Continuation To SF-1449, RFQ Number 19MX9021Q0008, Prices, Block 23

• Continuation To SF-1449, RFQ Number 19MX9021Q0008, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

• Attachment 1 _ SOW

• Attachment 2 _ Price Schedule

• Attachment 3 _ NDAA FORMAT

Section 2 - Contract Clauses

• Contract Clauses

• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

Section 3 - Solicitation Provisions

• Solicitation Provisions

• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in

Part 12

Section 4 - Evaluation Factors

• Evaluation Factors

• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in

Part 12

Section 5 - Representations and Certifications

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR

Provisions not Prescribed in Part 12

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 19MX9021Q0008

PRICES, BLOCK 23

I.STATEMENT OF WORK

A. The purpose of this firm fixed price purchase order is the acquisition of Customs brokerage services for INL Mexico in accordance with Attachment 1_SOW

B. The Purchase Order will be for a one-year period from the date of award, with four one-year options

II. PRICING

This is a firm-fixed- price (FFP) purchase order payable entirely in Mexican pesos (MXP) for Mexican firms and US dollars (USD) for US firms. The price includes all direct and indirect costs, overhead, general and administrative expense, profit, shipping/delivery charges, insurance, assembly, etc. The price will not be subject to adjustment after award. No additional sums will be payable for any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of completing the contract. The Government will not adjust the contract price due to fluctuations in the cost of contract performance or due to fluctuations in exchange rates.

Please refer to Attachment 2- Price Schedule

Price Schedule should reflect prices for Base Year plus Option Years.

III. VALUE ADDED TAX

Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period.

CONTINUATION TO SF-1449,

RFQ NUMBER 19MX9021Q0008

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ATTACHMENT 1_SOW

CUSTOM BROKERAGE SERVICES FOR INL MEXICO 2021

1. GENERAL

The U. S. Department of State is supporting the Merida Initiative in an ongoing, 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 in the donation process, INL items need to be imported / certified in accordance with U.S.

and Mexican regulations.

The offeror shall provide the services, documentation, and all miscellaneous requirements necessary to accomplish the efforts described in this Statement of Work (SOW).

1.1 Acronyms

• INL - Bureau of International Narcotics and Law Enforcement Affairs

• SOW - Statement of Work

• PO - Purchase Order

• COB - Close of business day

• POP - Period of Performance

• AICM – International Airport in Mexico City /Aeropuerto Internacional de la Ciudad de

Mexico

• SRE – Secretaría de Relaciones Exteriores /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 Aduanal/ Special tax established by Mexican Customs

• SAT - Sistema de Administración Tributaria / Mexican Customs Agency

• SENASICA – Servicio Nacional de Inocuidad y Calidad Agroalimentaria / National

Agency for Agr-Food Safety and Quality.

• NOM – Norma Oficial Mexicana / Official Mexican Customs Standard

• CAAAREM – Confederacion de Asociaciones de Agentes Aduanales de la República

Mexicana / Confederation of Associations of Custom Brokers of the Mexican Republic

• ETA – Estimated Time of Arrival

• SEDENA – Secretaría de la Defensa Nacional

• SENER – Secretaría de Energía

• COFEPRIS – Comisión Federal de Prevención 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 is requesting to acquire custom brokerage services in Laredo / Brownsville, TX/ Mexico in order to import mission – critical items to Mexico City or any other port of entry within Mexico.

As the Logistics section of the Bureau of International Narcotics and Law Enforcement Affairs (INL) of the U. S. Embassy in Mexico, our main goal is to coordinate the donations given in accordance with the bilateral agreements signed between the U.S. and Mexican Governments within the framework of the Merida Initiative.

All these agreements and donations to Mexican Government are intended to give continuity to specific activities improving joint efforts for law enforcement and also expand bilateral and regional cooperation aimed at combating transnational organized crime. For the specific goal of our operations and based on the technical specifications of the equipment previously agreed between the two governments, some of the equipment donated to Mexican Government come from different vendors abroad, so they require to go through an export (from U.S.) and import (to México) process.

The offeror must consider the following remarks:

• These are not commercial operations. We are talking about donations from the U.S.

Government to the Mexican Government. In these operations, U.S. Government act as exporter and Mexican Federal Agencies and/ or Mexican State Governments act as importer.

• Each donation has been previously agreed between U.S. and Mexican Governments.

Technical specifications of the equipment required, and the objective of each donation is previously defined.

• Some donations include highly specialized equipment. (High value) – Samples are not easy to get and previos should be done as carefully as it could be. In advance, a documentary previo should be done but not consider it as a replacement for the previo done in site.

• Due to the new challenges faced by both Governments to combat transnational organized crime, our operation require support from different vendors in each donation.

Once the equipment is received in our warehouse, we finish our communication with the vendor in charge of supplying the required equipment. This to be considered by the time the previo inspection is done.

• For each donation is designated a person responsible of the equipment (From the Mexican Government). We always know where the equipment is going to be and what entity from the Mexican Government is going to use it.

• The ownership of the equipment described in every donation letter remain under the responsibility of the Mexican Government, from the time of physical delivery, as recorded in every delivery record.

3. OBJECTIVE

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

This includes providing the necessary services and manpower as described in Section 4.1, subsection h), needed to perform adequately and professionally custom brokerage services outlined in this SOW.

4. SCOPE OF WORK

4.1. Custom Broker

The offeror must provide custom 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 the items from the United States to Mexico as well as the importation of all items into Mexico from the United States.

The offeror must consider that services should be provided in Laredo/ Brownsville, TX and Mexico, with importation and border crossings through Nuevo Laredo, Tamaulipas and/or Colombia (second border bridge in Laredo), Nuevo León, Matamoros, Tamaulipas and /or Brownsville and, occasionally, through AICM in Mexico City and, Tijuana and/or Mexicali, Baja California Norte.

The type of goods includes but are not limited to vehicles, X-Ray machines, K9 training equipment, forensics lab equipment, inspection equipment, Police training equipment, textile materials, computer equipment and live dogs of various breeds.

Regarding live animals, 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 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 know and be ready to comply with applicable requirements in the event an animal arrives dead.

4.2 Specific Requirements

The Offeror must provide services from Monday through Friday during normal business hours from 08:00 AM to 18:00 PM Central Standard Time. The Offeror should provide the required personnel to completely fulfill INL’s requirement outlined in this document. Offeror’s employees will perform all the services required under this Statement of Work. The Offeror must 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.

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

The Offeror must consider the two importation methods that INL Mexico has been working from the beginning of the Merida Initiative in accordance with Mexican SAT regulations:

Rule 3.3.7 or Rule 3.3.1.

1) 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.

NOTE: In this case, it is important to note that the Offeror will only be requested to complete the American Shipper Export document.

2) 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.

NOTE: In this case, the Offeror will provide all the documents needed to complete the importation process.

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 part of INL´s donation process, the offeror must be able to comply with the following requirements:

a) Previo visit at INL rented warehouse

Previo 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 such inspection, it won’t be necessary to do it once the shipment is ready to go. In advance, a documentary previo shall be done.

The normal process to complete a Previo will be:

Day 1 Day 2 Day 3 Day 4 Day 5

Receiving of the equipment in Warehouse

INL requires Previo to Customs Broker

Customs Broker sends Previo Results to Logistics Specialist

(INL) INL

confirms with final user customs requirements for the shipment.

Including

NOM

certification.

Customs Broker confirms date available to make the previo

Previo should include: Tariff Classification, Photographic support, Confirmation of requirements for each item included in the previo (NOMs, Permits (SEDENA, SENER, COFEPRIS, etc.)

Authorizations, Inspections applicable)

INL Logistics specialist confirms with warehouse the date of previo in order to have the equipment ready for inspection

b) Documentary tariff classification NICO included and NOM requirement.

INL will confirm any technical information about the item, specifications and use of the equipment in order to find the most specific tariff classification code when required.

Once the tariff classification is done, customs broker must confirm applicable requirements for the item. In case any additional letter is required (i.e., exemption letter for commercial information NOMs when applied), customs broker must provide the draft needed. Once the offeror provides the result of the classification, he/she will inform INL logistics about it, who in turn will inform the end user/ importer.

The Offeror must consider that importers set up of custom broker shall be done through the Portal SAT (Padron de Importadores) or through the Word Format known as “Encargo Conferido”.

The Offeror should provide a report of the records of previos done with complete details needed to cross items into Mexico (item, description, Harmonize Code, Nico, NOM, etc).

All drafts provided to INL must consider the kind of operations we have. For example, they cannot refer to an invoice, instead of that, they will refer to a Donation Letter / Donation Folio which has the same purpose.

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

customs and any import declarations required by Mexican customs.

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.

**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.

c) American Shipper Export

This document must be provided on time to the Logistics Specialist in order to communicate instructions to the warehouse. The offeror must provide delivery custom paperwork to the warehouse staff once it become available so driver can cross cargo through the border.

d) Pedimento

This document must present information as established in Donation Letter and as it was determined in the Previo.

Descriptions and costs should be exactly as established in all documents shared before.

Regarding about times, offeror must provide services within 24-48 hours of receiving notice to proceed at most, 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 must provide all documents digitalized for each operation / each pedimento.

Documents must confirm shipment’s compliance with Mexican Customs Law.

e) American Inspection (if required)

f) Mexican Inspection (if required)

For both, Mexican and American inspection is important to have personnel available to follow up the process and explain to customs authorities any issue or additional information of the shipment.

g) Reissue of Pedimento as needed

The Offeror should 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 must be sent via email to: MexicoCityINLLogistics@state.gov

Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7

Customs Broker confirm everything is OK to proceed

Customs Broker send the pedimento to "justification process" in case is needed

Customs Release

INL confirm to Customs Broker information of asigned transport unit for the donation folio INL and Customs Broker wait for an answer from the Mexican Customs

Authorities

Customs broker proceed to pay the pedimento

Customs broker send complete documentation to the Logistics

Specialist

INL send complete documentation to customs broker for customs release of the donation folio Customs Broker prepare the pedimento mailto:MexicoCityINLLogistics@state.gov

4.3 Labor requirements

The Offeror must provide the required personnel with the necessary knowledge in imports and export, customs issues and the knowledge outlined in the present SOW.

The Offeror must provide services from Monday through Friday during normal business hours from 08:00 AM to 18:00 PM Central Standard Time. The 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. Offeror should consider responding any correspondence received from INL Logistics within the first four hours after received at the most.

4.3.1. Overtime Hours

N/A

5. DELIVERABLES

The offeror is required to provide the following deliverables:

a) Offeror must provide services within but not limited to 24 -48 hours of receiving notice to proceed, in the understanding that eventually 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.

For this, the offeror should consider just as an example the following sequential proposal (Not necessary from Monday through Friday):

NOTE: The offeror must consider that INL deliveries are not allowed to be during the weekend.

Day 1 Day 2 Day 3 Day 4 Day 5 09:00

Waiting time for the justification to be cleared

Waiting time for the justification to be cleared

10:00 INL provides the transportation data

Justification Clearance Crossing

11:00

12:00

The offeror shall submit the justification in

Customs

Payment of pedimento

13:00

14:00

Provide the support documentation to INL

Logistics and to the staff at the warehouse

6. SPECIAL REQUIREMENTS & COMMENTS

6.1 The offeror must consider that as INL’s operations are not commercial ones, and the purpose of our donations are in support to different entities within the Mexican Government against narcotraffic, some of the recipients of such donations are entities related to national security.

Therefore, the offeror must be able to operate with the minimum documentation required to do an importation, with this being said, in several cases, the end users will not be able to provide information such as; Acta Constitutiva, ID of the Representante legal, or situación fiscal among others.

NOTE: 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 continue the trip to its final destination.

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

• Importation & Custom clearance

• 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/ live animal to be imported in order to establish a customs tariff. Once the total quantity of goods/ live animals 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 by the time 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

6.3 Ordering method

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

All imports into Mexico should 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 should 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 or Brownsville, TX. in order to get the tariff classification, INL Logistics will inform the Offeror when to perform a physical inspection of the goods contained in the entire PO, separated by donation folio. Once offeror completes 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 must 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 INL rented warehouse. Offeror should indicate whether an exportation and/or importation permit is required and specify which type.

NOTE: Regarding the activity of confirming the quantities of the goods, this is a responsibility of the warehouse staff in Laredo or Brownsville, they must count the goods and make sure to ship the correct quantities of 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 provides 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 must inform INL Logistics immediately, 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 should charge INL additionally.

Offeror must 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 might be the case. 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 must be responsible to provide all the information required for the certifying services such as Country of origin, serial number, model, manufacturer or any additional information required for such purposes.

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

6.3.2 Work Orders for the performance of this contract, a WO will be submitted in accordance to INL Logistics’ needs and will include (a template mail is adding lines below to serve 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

For this, the offeror shall consider an example the following proposal:

“Buenas tardes, estimados

Por este medio, les envío la (s) carta(s) de donación del(os) proceso(s) enlistado(s) a continuación:

END USER IMPORTER PO DONATION FOLIO

i.e. Gobierno del Estado de

Zacatecas-Secretaría de Seguridad Pública-Instituto de Formación Profesional i.e. Secretaría de Finanzas, 19MX9019F002

4 INL2019-62-12526

(Donation paperwork is sent to the vendor in order to schedule “Previo” inspection)” The offeror should consider as a donation paperwork; Donation Letter, Acceptance Letter and VoBo, and any special permit if required.”

6.3.3 Services Coordination

Local hired employees and third-party contractors from INL Logistics in conjunction with the assigned COR and / or Logistics Coordinator, are authorized to coordinate and follow up on the work order requests.

7 _PERFORMANCE REQUIREMENTS & COMMENTS

Offeror must provide a primary and alternative customer service point of contact information to INL Logistics for the duration of the contract. All the documents related to any importation. should be sent to: MexicoCityINLLogistics@state.gov. In addition, if any urgent matter arises, the offeror must contact INL Logistics personnel by mobile or landline at any time.

8_ PLACE OF PERFORMACE

The place of performance for this contract is Mexico and US Border using cross lines as: Nuevo Laredo, and/or Colombia ( second border bridge in Laredo), Matamoros, Tamaulipas, Nuevo Leos, and occasionally through AICM in Mexico City, Tijuana and/or Mexicali, Baja California or any other port of entry.

VAT RECLAMATION AND INVOICING

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 mailto:MexicoCityINLLogistics@state.gov

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.

• 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

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued 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 monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work numbers Performance Threshold

Services.

Performs all services set forth in the scope of work.

1 to 8

All required services are performed and no more than one customer complaint is received per month.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT

2018) is incorporated by reference. (see SF-1449, Block 27A)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L.

111-117, section 743 of Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved]

__ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JUN 2020) of 52.219-9

__ (18)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (MAR 2020) (15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_ X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)).