PGR_Distance_Learning_PWS.pdf

Bureau of International Narcotics and Law Enforcement Affairs

(INL)

U.S. Embassy Mexico City

Performance Work Statement (PWS)

INL/Mexico City, Mexico --- PGR Distance Learning

SECTION 1

SUBMISSION AND PWS INFORMATION

INFORMATION TO CONTRACTOR

Contractors are reminded that information furnished under this Performance Work Statement (PWS) may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when Department of State (DOS) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed releasable. This will be under NAICS Code 611430 with a small business size standard of $11 million.

QUESTIONS CONCERNING THE PERFORMANCE WORK STATEMENT

Offerors are warned against contacting any INL personnel and shall work through MalloyJT@state.gov. If such a contact occurs and found to be prejudicial to competing vendors, the vendor making such a contact may be excluded from award consideration.

No information concerning this PWS shall be provided in response to telephone calls. All such requests must be submitted in writing to MalloyJT@state.gov. Written questions relating to this PWS shall be accepted through 2:00 PM (local Washington D.C. time) April 14, 2017.

Any communications in reference to this PWS shall cite the reference section title and page number, and be directed to MalloyJT@state.gov.

NOTICE OF PWS CLOSING DATE AND TIME

All offers shall be submitted to MalloyJT@state.gov NLT 2:00 PM (local Washington D.C. time) on April 18, 2017. No other method of quotation submission is allowed.

Submissions are limited to files no more than twenty-five (25) pages. Language descriptions of Technical Specifications are required with the submission of proposal.

CONTRACTOR RELATIONSHIPS

The Department of State (DOS) encourages the use of subcontractors. In addition, the Department requires that any potential Organization Conflict of Interest be identified in the proposal to ensure proper firewalls established prior to award.

MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

Contractors shall not submit, nor shall the Government accept or evaluate, multiple proposals offering alternative solutions. Contractors shall not submit, nor shall the Government accept or evaluate, multiple solutions within one proposal.

PERIOD OF ACCEPTANCE OF OFFERS

If the proposal is accepted, contractors shall agree to deliver all required items within 180 calendar days from the date specified in the solicitation for receipt of proposals, to furnish any or all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified.

SECTION 2

PERFORMANCE WORK STATEMENT

Procuraduría General de la República (PGR) Distance Learning Platform Expansion

1. GENERAL

The Contractor shall provide all labor, services, materials, equipment, transportation, supervision, and all requirements necessary to accomplish the efforts described in this Performance Work Statement (PWS).

2. BACKGROUND

The Government of Mexico (GOM) requested support from the Government of the United States to assist the GOM in providing required education to support PGR in its pursuit of justice in Mexico through the professionalization of PGR personnel. This project is being undertaken as part of the US-Mexico action plan for projects of mutual interest. The PGR’s primary focus is to ensure the democratic rule of law in strict compliance with the Constitution of the United Mexican States. The PGR is currently utilizing the Distance Learning Platform; however, continued modifications in regulations and associated legal statutes are resulting in new training requirements for the internal educational department. This requires expansions and enhancements to take advantage of new technology.

Through the Merida Initiative, INL is proposing to expand the existing platform that will serve the PGR and all of its sub agencies. Examples of typical training that will be addressed with this solution are: Regulatory and Legal Statute modifications, Human Rights Initiatives, Professional Development, and Internal Policy Guidelines. The overall project shall take place at the PGR offices in Mexico City.

3. OBJECTIVE

The objective of this project is to expand training and storage capacity and to enhance the quality and technology of the existing centralized Distance Learning Platform located at PGR. PGR will have the ability to more efficiently create courseware, deploy training programs with required training content, and track progress in the professionalization of agency and sub-agency personnel. (See general equipment list and services required in attachment A)

4. SCOPE

The Contractor shall provide all required equipment, software, and services necessary to accomplish the objectives of this contract. In general terms, the contractor shall:

Procure, deliver, inventory, install, integrate, and test all hardware, software, and associated equipment necessary to meet the objectives of this contract;

Provide complete system documentation;

Provide required end-user and system administrator training; and Provide necessary Project Management services for the duration of the project.

5. APPLICABLE DOCUMENTS:

Attachment A – Description of Required Equipment and Services List

6. ACRONYMS

CO: Contracting Officer COR: Contracting Officer’s Representative DOS: U.S. Department of State DOS-INL: U.S. Department of State, International Narcotics and Law Enforcement PGR: Procuraduría General de la República GOM: Government of Mexico

7. PERIOD OF PERFORMANCE OR DELIVERY DATE

The Contractor shall complete all tasks, including required training and documentation, no later than 180 calendar days from date of contract award.

8. PLACE OF PERFORMANCE

Work under this contract shall take place at the PGR offices located in Mexico City. All procurement and deliveries shall be to the PGR Offices in Mexico City.

9. DATA DELIVERABLES / REPORTS

9.1. The Government shall have up to ten (10) business days, unless specifically denoted below or extended by notification, to review each deliverable product and provide written comments.

The Contractor shall review and incorporate comments or implement directed changes, after discussion or clarification with INL or Government Technical Monitor, and, if necessary, submit a final version of the product no later than ten (10) business days thereafter.

9.2. All documentation and reports shall be delivered in electronic format. All documentation and reports developed or provided by the contractor shall become the property of the U.S.

Government.

9.3. All deliverables, including attachments, shall comply with the data right clauses incorporated in the contract. The Government will reject all deliverables containing markings contradicting said clauses.

9.4. All deliverables shall include a cover page incorporating the following information:

Deliverable name and number Contract number Project title Date of submission Document version number Contractor’s name

9.5. Deliverables longer than five (5) pages shall include a table of contents. All attachments shall include the attachment number, deliverable name and number, and contract number.

9.6. The contractor shall distribute the documents identified in the table below to the following individuals:

COR: Patrick Reilly, ReillyPP@state.gov

GTM: Ellery “Buzz” Noah, NoahEB@state.gov

PGR: TBD

CO: TBD

Deliverable (Required

Language)

PWS

Reference Due Date Frequency Distribution

D01 – Evidence of Required DBA Insurance

See contract clauses

Prior to commencing performance overseas

Once CO, INL

D02 – Project Management Plan (English)

11.1.1. No later than 15 days

after receipt of award

Updated as required

CO, INL

D03 – Weekly Project Report (English)

11.1.2. No later than Friday

of each week

Weekly for the duration of the project

COR, GTM

D04 – Monthly Progress Review Meeting, Agenda, and Minutes (English and Spanish)

11.1.3. No later than 30 days

after receipt of award

Monthly for the duration of the project

CO, INL,

PGR

D05 – Bill Of Materials (English and Spanish)

11.2.1.1. No later than 30 days

prior to delivery

Once CO, INL, GTM

D06 – Project Closeout Documentation (English and Spanish)

11.5. No later than 360

days after receipt of award

Once CO, INL, PGR

D07 - Monthly Synopsis of Customer Complaints and Actions Taken (English)

12.1.4.2.

No later than 5 days after the end of each month Monthly INL

10. PERFORMANCE REQUIREMENTS

10.1. Project Management. The Contractor shall provide project management services to ensure all services are accomplished in accordance with contract requirements and performed in a timely manner.

10.1.1. Project Management Plan The contractor shall provide a Project Management Plan (PMP) in Microsoft Word format, and a Microsoft Project 2007 project file. The PMP shall include a detailed representation of tasks, and required subtasks, to be performed (cross-referenced to the requirements of this PWS and the contractor’s technical proposal) for timely completion of the project. The plan shall define in detail all project milestones and associated completion schedules. Particular attention shall be placed on identifying interdependencies between tasks, importation requirements and processes, and identifying milestones dependent upon successful interaction amongst parties. The PMP shall include, at minimum, the following management plans:

Requirements Management Plan: This plan shall identify in detail how planning, tracking, and reporting of requirements activities will occur It shall also include how changes to requirements will be requested, tracked, and analyzed; how requirements will be prioritized; what metrics will be used to trace project requirements; and a requirements traceability matrix, which shall include at least: Unique ID, description of requirement, objective, priority, accepted/denied, and status.

Project scope description which shall have the characteristics of the product, service, or result of the project.

Project Acceptance Criteria: Shall identify the processes and criteria that will be used to determine whether project deliverables are acceptable and satisfactory; and the process stakeholders will use to indicate their acceptance of deliverables, and how will verify project scope.

Project Deliverables: Shall identify measurable outcomes, results, or specific items that must be produced to consider the project completed. Deliverables shall be identified in a specific and verifiable manner.

Project Exclusions: Shall identify items not included within the scope of the project.

Project Constraints: Shall identify activities that may restrict the actions of the project.

This sections shall identify, time, scope, quality, schedule, resource, technology, and directive (management and political) constraints.

Approval Requirements: Shall define and identify the requirements that must be met for project approval.

Work Breakdown Structure: The WBS shall identify major deliverables and subprojects broken into smaller units of work, or work-packages. Each work package shall identify cost, resource, and schedule estimates and have a unique identifier.

Schedule Management Plan: This plan shall identify an activity list, activity attributes, activity durations, milestone list, sequence of activities, activity dependencies (mandatory and discretionary); shall identify human and material resources for each activity; and shall identify a fully integrated project schedule for all project activities.

Risk Management Plan: This plan shall clearly identify the methodology used to identify risks and perform risk management. This plan shall include timing of critical milestones or tasks; revised stakeholder tolerances; reporting formats; reporting schedule; risk probability and impact to project; risk tracking; risk triggers; and a risk response process clearly identifying contingency plans in the event that a risk trigger has occurred. This plan shall identify risks and categorize into the following four categories: technical, project management, organizational, and external.

Procurement Management Plan: This plan shall identify the equipment and services required for project final acceptance. This plan shall include the methodology of procuring equipment and services; importation process; IVA invoicing procedures for local purchases; and the procurement schedule. This plan shall also include equipment and services selection criteria, which shall clearly identify the methods used to identify the best value to the USG, and prior approval and coordination with CO and GTM shall be required before equipment procurement.

Quality Management Plan: This plan shall identify the criteria for gauging project activity and deliverable quality. This plan shall be coordinated with GOM and INL for stakeholder expectations. This plan shall include quality metrics, quality checklists, process improvement plan, and a quality baseline.

Communications Management Plan: The contractor shall provide a communications plan, which shall provide at the minimum a stakeholder identification document with a graphical representation of the project team chart, stakeholder(s), and external vendors.

This plan shall identify how communication shall be distributed; project team and stakeholder roles and responsibilities; and methods for securing project information and distribution of such.

Closeout Plan: The contractor shall provide a closeout plan, which shall provide at the minimum: Final invoice procedures, project acceptance documentation; contract closeout documentation; project operational status certificate; and project closeout briefing.

10.1.2. Weekly Project Report The contractor shall provide (electronically) weekly project reports on activities completed, pending action items, and activities planned for the following week on each Friday during the duration of the project. The Weekly Project Report shall be structured in such a way to permit cross-reference to the PWS and contractor’s technical proposal, and shall include at the minimum the following sections:

Document Control Section. Shall include document number, contract number, date, and project name.

Report Details. Preparer, delivery date, and distribution list.

Directory of Project Stakeholders. Shall include name, phone number, agency, e-mail address, and title.

Activity Tracking. Shall include a milestone chart of current and projected activities; and status.

Technical Progress Section. This section shall compare actual to planned performance and indicate the progress made in accomplishing each contract task. The report shall include relevant details for assessing the status of performance, i.e., a brief, factual summary description of the technical progress made. The section shall identify any unforeseen technical difficulties, which may threaten on-time completion of the contract. The section shall indicate the specific task that is not progressing according to plan; the reasons for the difficulty; and specific recommendations for remedial action.

Travel Section. Shall include travel plan, status, and required dependencies with communication planning section (e.g. Travel plan shall be coordinated with GTM and GOM before action is taken). Shall define dates, location, and personnel travelling.

Invoice Notification. Shall include a notification of invoice submission, which shall include at the minimum: invoice amount, invoice number, and date.

Communication Section. Merida Initiative projects require timely communication and approvals between Contractor, INL, Contracting Officer, and GOM. The Contractor shall include a communication section, which shall specify the required communication, notification, or approval; required approval request date, and pertinent documentation.

10.1.3. Monthly Progress Review Meetings The contractor shall arrange and conduct monthly progress review meetings at a location to be determined with the representatives of PGR and the USG. The contractor shall develop a proposed meeting agenda. After obtaining GTM approval of the proposed agenda, the contractor shall distribute to all participants a copy of the agenda and any other documentation to be used during the in-person or teleconference meeting. The approved agenda and documentation shall be distributed by the contractor at least five (5) calendar days before the scheduled meeting. The contractor shall record meeting minutes and distribute via e-mail within two (2) business days of holding the meeting.

10.2. Provision, Delivery, Inventory, Installation, Integration and Testing of Hardware, Software, and Associated Equipment.

10.2.1. The Contractor shall provide all required hardware, software, and miscellaneous items necessary to meet the objectives of this contract. A preliminary list of requirements is included in Attachment A. The list is provided for informational purposes only. The Contractor shall be solely responsible to design and provide an integrated system in order to meet contract requirements.

10.2.1.1. The Contractor shall provide a comprehensive Bill of Material for all hardware and software delivered under the contract. The list shall include: Item Description, Name of Manufacturer, Model Number, Serial Numbers, Delivered Quantity, Unit Price, Extended Price, and Warranty Expiration Date.

10.2.2. The Contractor shall install and integrate all hardware, software, and equipment at the PGR location(s) in accordance with OEM recommended specifications and installation instructions. The Contractor shall coordinate all equipment deliveries and installation services with INL and PGR at least 15 calendar days prior to commencing work onsite. No equipment shall be delivered and no labor shall be dispatched until written confirmation has been obtained from INL that the location is ready for work to commence.

10.2.3. Upon completion of installation and integration at each location, the contractor shall perform operational capability testing to ensure compliance with all contract requirements and proper operation of all hardware and software. Upon successful completion of required testing the Contractor shall provide the DOS a complete inventory of all items delivered and installed at each location and the results of the operational capability tests.

10.3. Training. The contractor shall provide training for GOM personnel after operational status of equipment and software has been achieved. Training shall take place upon completion of each site and will be limited to 10 GOM employees per location unless otherwise agreed. The training classes shall be conducted in Spanish and all training materials shall be provided in Spanish.

The training shall cover system operation, administration, and maintenance.

10.4. Warranty. The Contractor shall provide a 3-year local warranty on all hardware and software components. Warranty term shall begin after acceptance of completed system by INL or provision of required warranty documentation, whichever is later. For software the contractor shall also provide all updates and patches that are released by the manufacturer for the duration of the warranty period. All services under the warranty will be performed in Spanish. The warranty shall supply phone support, onsite component replacement and/or problem resolution, as needed.

10.5. Project Closeout. The contractor shall provide complete documentation for all hardware and software delivered under this contract. At a minimum the closeout documentation must include:

Installation diagrams detailing cable layouts, rack locations and installed equipment for the system.

Equipment configurations and schematic wiring plans.

Manufacturer user and administration manual of all hardware and software.

Description of training provided and attendance information for GOM personnel.

Results of Operational Capability tests.

Equipment and software warranty documentation. Documentation shall include an explanation of coverage, the process to obtain warranty service, and all applicable manufacturer/distributor contact information.

Project Completion Certificate signed by INL, PGR’s Principal Project Officer, and the Contractor Representative.

11. QUALITY ASSURANCE

11.1. Quality Control Plan. The Contractor shall establish a quality control program/plan that shall be submitted as a part of its pre-award submission. The Contractor shall implement and adhere to the approved quality control program/plan when performance begins, and throughout the performance period. The Contractor shall provide the Contracting Officer updates of the quality control plan as changes occur. As a minimum, the quality control plan shall include the following:

11.1.1. An inspection system covering all services required by the contract. It shall specify the services to be inspected on both a scheduled or unscheduled basis, how often inspections will be accomplished, and the tasks of the individuals who will perform the inspections.

11.1.2. A method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

11.1.3. A method of documenting and enforcing quality control operations.

11.1.4. A customer complaint program. The program shall include:

11.1.4.1. A way for customers to report complaints, deficiencies, and noncompliance with the terms and conditions of the purchase order. The medium chosen by the Contractor shall be easily assessed. Adequate publicity shall be given so customers may readily contact the Contractor.

11.1.4.2. A description of the manner in which the Contractor shall promptly investigate any customer complaint and respond to the customer. The Contractor shall forward a monthly synopsis of complaints received and actions taken to INL not later than 5 days after the end of each month.

11.2. Quality Control Records. Records of all inspections conducted by the Contractor and necessary corrective actions taken shall be maintained by the Contractor. The Contractor shall make these documents available to the Government throughout the term of this purchase order.

11.3. 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 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.

Performance

Objective Standard and Acceptable Quality Level

(Maximum allowable deviation) Incentive /

Disincentive Calculation

Performs all services set forth in the performance work statement

(PWS).

All required work is properly performed and no more than one (1) customer complaint is received per month.

Disincentive:

Low rating in

CPARS;

appropriate action under the inspection and termination clauses of the contract.

Performance:

number of valid written complaints during the month.

Deliverables and reports are complete and timely.

Deliverables and reports are written clearly and concisely, comply with all contract requirements, and are professionally sound.

Deliverables and reports are distributed to all parties identified in the contract within the designated timeframe.

Spell and grammar checks are accomplished on all deliverables.

No deliverables or reports are submitted late or not in accordance with contract requirements.

Disincentive:

Low rating in

CPARS;

appropriate action under the inspection or termination clauses of the contract.

Number of deliverables or reports that are either untimely or not in accordance with purchase order requirements.

11.4. Surveillance. INL will receive and document all complaints from Government personnel regarding the services provided. If appropriate, INL will send the complaints to the Contracting Officer for transmittal to the Contractor for corrective action.

11.5. Standard. The performance standard is that the Government receives no more than one (1) customer complaint per month. INL shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the applicable inspection clause, if any of the services exceed the standard.

11.6. Procedures.

11.6.1. If any personnel observe unacceptable services, incomplete work or required services not being performed, they shall immediately contact INL.

11.6.2. INL will complete appropriate documentation to record the complaint.

11.6.3. If INL determines the complaint is invalid, INL will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

11.6.4. If INL determines the complaint is valid, INL will inform the Contracting Officer.

The CO will contact the Contractor and give them additional time to correct the defect, if additional time is available. The Contracting Officer shall determine how much time is reasonable.

11.6.5. The Contracting Officer shall, at a minimum, notify the Contractor by email of any valid complaints.

11.6.6. If the Contractor disagrees with the complaint and challenges the validity of the complaint, the Contractor shall notify the Contracting Officer. The Contracting Officer will review the matter to determine the validity of the complaint.

11.6.7. The Contracting Officer will consider complaints as resolved unless notified otherwise by the complainant.

11.6.8. Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, INL will contact the Contracting Officer for appropriate action under the Inspection clause.

11.6.9. If the contractor fails to meet the performance standard, the Government reserves the right to take action under the Inspection clause, including a deduction from the invoice.

12. VAT RECLAMATION

(a) The contractor shall follow the invoicing procedures established by INL to allow the US 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 prime or a subcontractor must be itemized in all invoices. All purchases made in Mexico are subject to Value Added Tax (VAT) and 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 will provide the necessary invoicing to enable the USG 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 paragraphs below.

Notwithstanding any other provisions of this contract, in the event the Government of Mexico revises the requirements, the Contractor shall follow the new requirements as soon as the Contractor is notified in writing of the new requirements by the Contracting Officer.

(b) The Contractor is responsible for providing the following list of items on every “tax-relief” invoice presented to the U.S. Government for payments associated with the in-country purchases of goods, materials or services required to perform this contract. Every invoice the Contractor delivers to the U.S. Government must be an original. The failure of the Contractor to follow these procedures will result in the U.S. Government’s inability to secure tax relief on this project, resulting in reimbursement being denied to the contractor. Invoices for the in-country purchases described above must not include other charges, such as “work completed” or design costs. Such invoices shall list separately or collectively the pre-tax price of any supplies or services provided in country. As is required by local authorities, the Contractor shall impose the appropriate tax rate against the pretax total of the purchases represented on the tax-relief invoice. The Contractor shall submit the invoices associated with such purchases as supporting documentation for its in-country payment request. The USG will only compensate the Contractor for the tax amount provided on such invoices. Excluded from reimbursement: VAT on items such as contractor personnel housing, personal vehicles, utilities, phone charges, per diem, etc.

(c) The contractor’s tax-relief invoices shall provide the following:

• Contractor’s name and address.

• Contractor’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 expedicion). The two dates must be the same.

• Required Legal wording dealing with the illegal reproduction of the document. The printing company information must Annex the date of printing and official authorization number.

• Customer name - “U.S. Embassy Mexico City”

• Embassy current address:

• Embajada de los Estados Unidos

• Avenida Paseo de la Reforma No 305

• Colonia Cuauhtémoc

• 06500 Mexico, D. F.

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

• Quantity and description of acquired services or merchandise. • All pricing/totals must be listed in both Mexican Pesos and U.S. Dollars.

• (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 Embassy/ COR as an original. If the invoice in not complete, the final amount to be reimbursed will be reduced by Hacienda.

(d) The tax-relief invoice must be written in English and Spanish versions and all pricing must be in both Mexican Pesos and U.S. Dollars solely for the purpose of tax relief. This contract is priced and paid only in U.S. dollars.

(e) 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 documentation must be submitted to the COR for approval and submission to Hacienda on a monthly basis.

(f) All electronic invoices should be submitted to MexFMCInvoices@state.gov and a copy to the CO and INL COR.

SECTION 3

EVALUATION FACTORS

This is a trade-off award, where the technical proposal is rated as significantly more important than cost. The more similar two offers’ technical scores, the more important cost becomes.

Below are the factors, in descending order, which will make up an offeror’s technical evaluation.

Non-Price Factors The Government will evaluate for acceptability. The Government will evaluate the quotations on an acceptable or unacceptable basis, assigning one of the ratings described below. Any factor, or sub-factor, evaluated as “unacceptable” will render the entire quotation unacceptable and, therefore, un-awardable. Only those quotations determined to be technically acceptable will be considered for award.

Technical

Rating Description Acceptable Offer clearly meets the minimum requirements of the solicitation Unacceptable Offer does not clearly meet the minimum requirements of the solicitation

Factor 1: Hardware, Software, and Related Equipment – Offeror proposes the products detailed in Appendix A and as referred to in the PWS. All hardware and software must be covered by manufacturer’s warranty and procured through an OEM approved distribution channel.

Factor 2: In-Country Warranty – Offeror clearly describes how warranty will be provided in-country. Offer clearly explains how the warranty process will be handled in Spanish directly with GOM personnel with minimal involvement from INL Mexico personnel. The offer will also provide a clear explanation of what specifically will be covered to return the solution to normal operational status.

Factor 3: Overall Technical Approach – The proposal clearly describes all major tasks to be performed and provides associated milestones. The tasks and milestones address all solicitation requirements. In addition, the overall technical approach demonstrates a clear understanding of the tasks to be performed for successful execution of the project. The proposal identifies sound and implementable risk mitigation strategies.

Past Performance

The Government will evaluate the Offeror’s demonstrated recent and relevant record of past performance. Past Performance will be evaluated as a measure of the Government’s confidence in the offeror’s ability to successfully perform based on previous and current contract efforts.

Past performance regarding predecessor companies, key personnel who have relevant experience, or sub-contractors that will perform major or critical aspects of the requirement may also be considered as part of the evaluation and will either be rated as Acceptable or Unacceptable, per the below descriptions:

Rating Description

Acceptable Based on the offeror’s recent and relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s recent and relevant performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

The Government will only evaluate recent and relevant performance. To be recent, the effort must be currently ongoing or have been completed within the last four (4) years from issuance of the solicitation. Ongoing programs must have begun no less than six (6) months from issuance of the solicitation. Past performance information that fails this condition will not be evaluated. To be considered relevant, present/past performance information must be similar in scope, magnitude, and complexity to the requirements of this solicitation.

Price

An offeror’s proposed price will be determined by multiplying the quantities identified in the pricing schedule by the unit price for each item

APPENDIX A – Equipment List and Pricing Matrix (please see attached spreadsheet)

SECTION 4

CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE:

52.203-3 --Gratuities (Apr 1984) 52.203-6 – Restrictions on Subcontractor Sales to the Government (Sep 2006) with Alternate I (Oct 1995) 52.203-17 --Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-10 -- Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) 52.204-13 -- System for Award Management Maintenance (Jul 2013) 52.204-14 – Service Contract Reporting Requirements (Jan 2014) 52.204-15 – Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan

2014) 52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations --

Representations (May 2011) 52.209-6 -- Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-7 – Information Regarding Responsibility Matters (Jul 2013) 52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters 52.209-10 -- Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-1 – Instructions to Offerors – Commercial Items (Nov 2015) 52.212-3 -- Offeror Representations and Certifications – Commercial Items (Oct 2016) 52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Oct 2016) 52.219-13 – Notice of Set-Aside of Orders (Nov 2011) 52.222-19 -- Child Labor – Cooperation with Authorities and Remedies (Jan 2014) 52.222-21 -- Prohibition of Segregated Facilities (Apr 2015) 52.222-26 -- Equal Opportunity (Apr 2015) 52.222-35 – Equal Opportunity for Veterans (Oct 2015) 52.222-36 – Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 – Employment Reports on Veterans (Oct 2015) 52.222-50 -- Combating Trafficking in Persons (Mar 2015) 52.222-53 -- Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services— Requirements (May 2014) 52.222-56 -- Trafficking in Persons Certification by Apparently Successful Offeror 52.222-60 -- Paycheck Transparency (Executive Order 13673) (Oct 2016) 52.223-16 –Acquisition of EPEAT-Registered Personal Computer Products (Oct 2015) 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011) 52.225-13 -- Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-18 -- Availability of Funds (Apr 1984)

52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Oct 2015)

52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-33 – Payment by Electronic Funds Transfer – System for Award Management (Jul

2013) 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-3 -- Protest After Award (Aug 1996) 52.233-4 -- Applicable Law for Breach of Contract Claim (Oct 2004) 652.225-71-- Section 8(a) of the Export Administration Act of 1979, as Amended (AUG

1999) 652.229-70 -- Excise Tax Exemption Statement for Contractors Within the United States

(JUL 1988)

652.229-71-- Personal Property Disposition at Posts Abroad (Aug 1999) 652.232-70 -- Payment Schedule and Invoice Submission (Fixed-Price) (AUG 1999) 652.243-70 -- Notices (AUG 1999) 652.247-70-- Notice of Shipments (FEB 2015) 652.247-71-- Shipping instructions (FEB 2015)

52.212-2 Evaluation—Commercial Items.

EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1: Hardware, Software, and Related Equipment – Offeror proposes the products detailed in Appendix A and as referred to in the PWS. All hardware and software must be covered by manufacturer’s warranty and procured through an OEM approved distribution channel.

Factor 2: In-Country Warranty – Offeror clearly describes how warranty will be provided in-country. Offer clearly explains how the warranty process will be handled in Spanish directly with GOM personnel with minimal involvement from INL Mexico personnel. The offer will also provide a clear explanation of what specifically will be covered to return the solution to normal operational status.

Factor 3: Overall Technical Approach – The proposal clearly describes all major tasks to be performed and provides associated milestones. The tasks and milestones address all solicitation requirements. In addition, the overall technical approach demonstrates a clear understanding of the tasks to be performed for successful execution of the project. The proposal identifies sound and implementable risk mitigation strategies.

Past Performance

The Government will evaluate the Offeror’s demonstrated recent and relevant record of past performance. [Contracting Officer shall insert the significant evaluation factors, such as

(i) technical capability of the item offered to meet the Government requirement; (ii) price;

(iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are significantly more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items (Jun 2016)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-

77, 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:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct

2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d) (2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)

(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

X (v)52.219-11 Special 8(a) Contract Conditions.

X (vi)52.219-12 Special 8(a) Subcontract Conditions.

X (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a) (14)).

___ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15

U.S.C. 632(a) (2)).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016)

(E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

___ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

(Aug 2011) (E.O. 13513).

X (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award

Management (Jul 2013) (31 U.S.C. 3332).

X (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

[Contracting Officer check as appropriate.]

_X__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)

(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d) (2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, No displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.

Alternate II (Oct 2015). As prescribed in 12.301(b) (4) (ii), substitute the following paragraphs (d) (1) and (e) (1) for paragraphs (d) (1) and (e) (1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C.