RFQ_SMX90017Q0010_MP_PROCESS_MAPPING_-FINAL.pdf

United States Embassy Mexico City.

April 21, 2017

To: Prospective Quoters

Subject: Request for Quotations number SMX90017Q0010 to provide Process Mapping services of the processes followed by Mexican State Prosecutors in their daily businesses under the new ACJS in Mexico. If you would like to submit a quotation, follow the instructions in

Section 3 of the solicitation, complete the required portions of the attached document, and submit it to

INL Mexico Contract Specialist Gabriela I. Garcia at GarciaGI@state.gov.

The U.S. Government intends to award a contract 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 with companies in the competitive range if there is a need to do so.

Quotations are due by May 31, 2017.

Sincerely, Pedro E. Cruz

Contracting Officer

Enclosure mailto:GarciaGI@state.gov

TABLE OF CONTENTS

Section 1 - The Schedule

SF 1449 cover sheet

Continuation To SF-1449, RFQ Number SMX90017Q0010 Prices, Block 23

Attachment 1 “ Performance Work Statement”

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

Section 4 - Evaluation Factors

Evaluation Factors

Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

Section 5 - Offeror 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 SMX90017Q0010

PRICES, BLOCK 23

I. PERFORMANCE WORK STATEMENT

A. The purpose of this firm fixed price contract is to provide Process Mapping services of the processes followed by Mexican State Prosecutors in their daily businesses under the new ACJS in Mexico, in accordance with Attachment 1 (SOW) to the U.S.

Embassy Mexico City INL Section.

B. The contract will be for a 6 months period from the date of the contract award. No option years included.

II. PRICING

A. All prices are in USD or MXP.

Line

Item Description Unit Qty Unit Price

Total

Price

Task 1- Methodology, Project Design and Data Collection Methods; as specified in RFQ, Attachment 1 “SOW”, section 5.

each 1

Task 3- State Legislation/Regulation review; as specified in RFQ, Attachment

1 “SOW”, section 5.

Task 4- State Prosecutors’ Processes

Mapping; as specified in RFQ, Attachment 1 “SOW”, section 5.

Task 6- Draft Report on Efficiency Gaps and Recommendations; as specified in

RFQ, Attachment 1 “SOW”, section 5.

05 Task 7- Draft Report on Indicators; as specified in RFQ, Attachment 1 “SOW”, Task 8- Final Process Tool; as specified in RFQ, Attachment 1 “SOW”, section

5.

Task 9- Site Visit report per State; as specified in RFQ, Attachment 1 “SOW”, each 5

Task 10- Final Report; as specified in

RFQ, Attachment 1 “SOW”, section 5.

Sub total

VAT Tax

Total

III. VALUE ADDED TAX

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.

ATTACHMENT 1

Statement of Work

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Statement of Work

International Narcotics and Law Enforcement Affairs (INL)

MP PROCESS MAPPING

PROSECUTORS PROCESSES AND EFFICIENCY GAPS IN THE ACCUSATORIAL

CRIMINAL JUSTICE SYSTEM IN MEXICO

April 17, 2017

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1. BACKGROUND

The Bureau of International Narcotics and Law Enforcement Affairs (INL) leads the Department of State’s anticrime and counter-narcotics efforts. INL’s mission is to minimize the impact of international crime and illegal drugs on the United States, its citizens, and partner nations by providing effective foreign assistance and fostering global cooperation. INL supports its partner nations in the areas of stabilization and strengthening of security institutions to build a global security capacity for combating drug trafficking and other transnational crimes such as money laundering and criminal gangs. INL also provides assistance strengthening the justice sector institutions, which fosters promotion of good governance and respect for human rights.

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 2008, the Mexican Congress approved a Justice Sector Reform effort to transition from a traditional mixed inquisitorial justice system toward a more efficient oral, accusatorial model. In order to monitor reform progress, measure the quality of courtrooms, and document the effective targeting of investment in this reform, INL Mexico developed an assessment tool which created parameters to assess the performance of criminal justice system actors in court, with the purpose of identifying the set of performance parameters that promote the accusatorial criminal justice system (ACJS) and ensure it to be operational and effective.

The ACJS is intended to help the country achieve greater transparency, accountability, and ensure due process in Mexico’s criminal justice sector, but entails significant changes to the roles of key justice actors. In its initial assessment, INL found that state prosecutors’ performance and conditions outside the courtroom are key factors to understanding the challenges to procuring and delivering justice in Mexico.

2. SCOPE

This contract will identify all substantive processes followed by Mexican State Prosecutors (Ministerios Públicos o Fiscales) in their daily businesses under the new ACJS. The resulting process map will be the basis for a tool that identifies performance indicators and efficiency gaps along the processes. The tool will also answer the questions of how much, or whether, progress is being made in procuring and delivering justice in a particular jurisdiction.

The finalized tool and indicators will be validated by INL Mexico and GOM officials, in consultation with the contractor. The primary audiences for the evaluation will be Mission Mexico, the GOM and Mexican state level authorities and the INL Office of Western Hemisphere Programs (INL/WHP).

3. TYPE OF CONTRACT

This is a firm-fixed price, single award contract with no optional quantities. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or

3 | P a g e because of the Contractor’s failure to properly estimate or accurately predict these prices or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates. Once the Contract is awarded, any changes in the agreed methodology by the contractor must have prior written approval by INL contracting officer representative (COR).

The GOM will guarantee opportune access to the information required for the contractor to perform the analysis.

4. TECHNICAL SPECIFICATIONS

At a minimum, the contractor shall fulfill answers to the questions list in Annex 1. Specifically, INL Mexico and the Government of Mexico (GOM) seek the following results:

1. The contractor shall map the processes followed by Mexican State Prosecutors in their daily activities from the moment the authority has knowledge of an alleged crime until the moment the oral trial judge issues the judgement resolution; or the prosecutor decides to close or suspend the investigation; or the prosecutor concludes his/her required intervention in any of the following directions in which the procedure had resulted:

a. abbreviated procedure;

b. conditional suspension of the process;

c. alternative justice action; or

d. prosecutorial discretion.

2. Based on the process mapping, the contractor shall develop a tool for recording at each stage of the criminal justice process in which prosecutors participate all possible steps that they must/do take and the rules/criteria they follow in their decision making (i.e. organizational manuals, protocols, internal regulation, institutional criteria). Even though decision making in criminal justice involves decisions that are mostly based on the individual exercise of judgment (whether to arrest, investigate, search, question, use force, charge a person with a crime, plea‐bargain, recommend alternative justice exit, etc.), factors that affect that discretion are not only the above/mentioned rules and criteria. Therefore, effort should also be placed in capturing all those set of incentives/factors that substantially affect prosecutors’ decision making (i.e. the line of command /organizational structure, administrative control segments, etc.).

3. The process tool shall also include the identification of areas where processes are not well defined, and efficiencies are lost, so contractor can provide recommendations. These areas are, at the minimum, twofold in nature:

a. Procedural, when there is an interpretative vacuum, a diversity of criteria or when there are contradictory criteria/interpretations; and

b. Administrative/Managerial, when the operational conditions create disturbances in the processes, such as all those consequences from excess caseload, the management model, etc.

4. Finally, the contractor shall include a minimum set of source-identified recommended indicators, to follow up progress for this actor’s contribution to the advancement of justice

4 | P a g e delivery in Mexico. A list of suggested criteria for assessing processes and efficiency gaps is provided in Annex 1.

INL Mexico seeks methodological rigor, unique and sound techniques to conduct the analysis.

Proposals shall detail the methodology including a description of the suggested data collection methods that will be used. The contractor is expected to submit a detailed proposed Methodology, Project Design and Data Collection Methods and shall use a mixed method approach to elicit both qualitative and quantitative data drawn from multiple sources, including in-depth interviews, structured observation as shadow companion to prosecutors and prosecutors’ staff, focus groups and key informant interviews, preferable other State actors and/or State authorities. Throughout the process, the contractor will consider the guidance and opinion of a group of experts jointly identified by the GOM and INL Mexico.

The contractor shall use all administrative data, surveys and other sources of available information, and it is expected to conduct technical visits to at least five states with different level of consolidation of the prosecutors’ accusatorial criminal justice system1. INL proposes the following states but other sets will be considered based on an acceptable rationale of the contractor’s Project Design: Baja California, Campeche, Ciudad de Mexico, Guanajuato, Hidalgo, Jalisco, Estado de Mexico, Michoacán, Morelos, and Nuevo Leon. The contractor shall also propose standard operating procedures (SOP) of how the mapping, assessment tool and indicators could be appraised as well as the recommended frequency for future site visits and/or visits to other states.

The final tool will serve as a basis for future certification/accreditation processes; therefore, the identification of factors enabling and hindering performance should lend themselves to areas that will benefit for training and mentoring.

In its bidding proposal, the contractor shall include, at least, the following:

Types and sources of qualitative data to be included in the Project Design.

Types and sources of quantitative data to be included in the Project Design.

Draft profile of desired interviewees.

Type and number of focus groups in each of the select states, and its rationale.

Prosecutors’ specialization (by crime, geographical assignment, educational background, other demographic features) and its rationale.

5. DELIVERY SCHEDULE

The contractor shall provide the following deliverables, electronically, for COR approval and follow the agreed upon deliverable dates as specified in the contract.

Deliverable item

Description Deliverable Date Language

Meeting Contractor Kick Off Meeting Seven (7) days after award English

1 For representativeness, State selection clustered the GOM score evolution in the formula to measure the level of progress of the implementation of the Accusatory Criminal Justice System in the strategic axis of training (for State Prosecutors and Public Defenders), Total Population and Total Criminal Incidence for local crimes in each state, for several number of clusters and identified a representative State of each cluster.

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Deliverable item

Description Deliverable Date Language

Plan Mobilization Plan Seven (7) days after award English

Reports Weekly Activity Report Every Friday after award English

Reports Monthly task order progress reports

First Friday of the following month

English

Oral Presentations

Oral Briefings to GOM authorities Dates to be determined. Three

(3) oral briefings, one hour each.

Spanish

Oral Presentations

Oral Briefings to GOM state level authorities

Dates to be determined. One initial one hour meeting in each of the five states and one final one hour briefing in each state at the end of the project.

Spanish

Oral Presentations

Oral Briefings to INL and other stakeholders

Dates to be determined. Three

(3) oral briefings, one hour each.

English

Oral and Written Feedback

Oral and written feedback to relevant GOM officials and INL representatives

Dates to be determined.

Task 1 Methodology, Project Design and Data Collection Methods

Thirty (30) days after award English

Task 2 Timetable and detailed visits schedule Thirty (30) days after award English

Task 3 State Legislation/Regulation review Forty (40) days after award English

Task 4 State Prosecutors’ Processes Mapping Ninety (90) days after award English

Task 5 Draft of Processes Tool (Design and Proposal for validation with INL and GOM)

One hundred and twenty (120) days after award

English and Spanish

Task 6 Draft Report on Efficiency Gaps and recommendations

One hundred and forty (140) days after award

English

Task 7 Report on Indicators One hundred and forty (140) days after award

English and Spanish

Task 8 Final Processes Tool One hundred and sixty (160) days after award

English and Spanish

Task 9 Site visit report per State (five) Ten (10) days after the end of each state visit

English

Task 10 Final Report One hundred and eighty (180) days after award

English and Spanish

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Deliverable item

Description Deliverable Date Language

Meetings Panel of Consultation with select Prosecutors. Approval meeting with INL and GOM. Two (2) Consultation sessions.

Dates to be determined. Two

(2) sessions of three hours each.

Spanish

The contractor must submit the following deliverables:

Weekly activity report in English to the COR and any other designated INL Mexico official every Friday by noon CST, via email.

Monthly task order progress reports in English to the COR and any other designated INL Mexico official every thirty (30) days until the end of the contract, starting the first Friday of the following month after award, providing that award took place during the first 10 days of the month. These reports shall summarize the progress and status of the contractor’s major activities under the task order; comparison of actual accomplishments with the goals and objectives established for the period of the report; deviations from the work plan and explanations of such; indications of any problems encountered and proposals for remedial actions as appropriate; and projected activities for the next reporting period.

Oral Briefings to GOM, State Level Authorities, INL and other stakeholders will be required for Mexican and USG officials.

Task 1. Methodology, Project Design and Data Collection Methods. A detailed description of the methods to be used to tackle the four assessment topics in this SOW. The word document shall include the complete description of the methodology, the project design and the data collection methods to be used. The introduction and explanation of the methodologies shall be in English.

Field instruments (interview guides, focus group guides, observation guides, etc.) can be in Spanish, but a notional translation summary description of these instruments should be provided for proper evaluation.

Task 2. Timetable and detailed visits schedule. A word document describing a detailed visits schedule agreed upon among the GOM and State Level Authorities, and Prosecutors and their staff.

Task 3. State Legislation/Regulation review. A desk review and assessment of the five State Prosecutors’ activities/responsibilities to the legislation/regulation body, up to 25 pages (single-spaced, 12 Font, Times New Roman), not including annexes. This review shall include the review of national/international best practices.

Task 4. State Prosecutors’ Processes Mapping. A mapping of the processes followed by Mexican State Prosecutors in their daily activities from the moment the prosecutor has knowledge of an alleged crime until the judgement resolution; or the closing or suspension of the investigation.

Task 5. Draft of Processes Tool (Design and Proposal for validation with INL and GOM). A draft assessment tool informed by state regulations, international best practices, and expert

7 | P a g e prosecutors’ opinions based on direct observation of the prosecutors daily activities. This tool shall be informed by the shadow activities undertaken by the team and validated by INL Mexico and GOM officials. The tool also must include the identification of incentives and other factors that may affect their decision making whenever decisions are based on their prosecutorial discretion. A list of suggested criteria for assessing processes and efficiency gaps is provided in Annex 1.

Task 6. Draft Report on Efficiency Gaps and Recommendations. A report on the identification of areas where processes are not well defined, and efficiencies are lost, and the derived recommendations. A list of suggested criteria for assessing processes and efficiency gaps is provided in Annex 1.

Task 7. Draft Report on Indicators. A minimum set of source-identified recommended indicators, to follow up progress for the prosecutor’s contribution to the advancement of justice delivery in Mexico. A list of suggested criteria for assessing processes and efficiency gaps is provided in Annex 1.

Task 8. Final Processes Tool. A revised assessment tool that must include a set of criteria to evaluate each stage of the generic processes in which prosecutors engage on a daily basis. The tool should be designed taking into account how to ensure an appropriate level of professional performance for the State Prosecutors’ across processes and procedural stages.

Task 9. Site visit report per State (five). These reports shall detail the progress and status of the contractor’s major activities carried out in each state; comparison of actual accomplishments with the goals and objectives established and indications of any problems encountered and proposals for remedial actions as appropriate.

Task 10. Final Report. A document (no more than 50 pages, single-spaced, Font 12, Times New Roman) which contains:

(a) Executive summary - a 2-3 page (single spaced, 12 font Times New Roman), single spaced document

(b) Description of the study (purpose and scope)

(c) Methodology, Design and Data Collection Methods

(d) Mapping.

(e) Efficiency Gaps and Recommendations

(f) Indicators

(g) A suggested roll-out plan to deploy the refined APATs across all 32 States

(h) Conclusions

(i) Annexes:

a. Refined Process Map, Assessment Tool and Indicators

b. Databases

c. Support documentation for all activities carried out (i.e. focus group records, interviews questionnaires, etc.)

6. PERIOD OF PERFORMANCE

The period or performance will be six (6) months.

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7. PLACE OF PERFORMANCE

The work under this Contract shall be accomplished in five states, preferably one of each of the groups included in Annex 1, or the INL approved set included in the Project Design proposal.

8. PERSONNEL

The contractor shall provide the appropriate number of staff to fully execute this SOW, including the level of effort per staff member. The contractor must also provide one Program Manager (PM) located in Mexico City, at least two Subject Matter Experts (SME) and research assistants as needed. Offerors submitting proposals must provide resumes for key personnel, including the PM, each SME on the team and the research assistants. Although research assistants are not Key Personnel, they must have combined knowledge/previous experience with the criminal justice system in Mexico (both inquisitorial and the accusatorial) and background in governmental policies and procedures, to accomplish the work described in this SOW. And since qualifications can therefore vary, contractor should also provide a justification for the qualifications of the proposed research assistants.

The CO has the right to require the removal of any Key Personnel (PM and SME) based on a potential or proven conflict of interest.

Program Manager Duties:

The PM shall be responsible for project assessment and implementation.

The PM shall function as the Offeror’s Lead.

The PM must provide deliverables in accordance with the SOW.

The PM shall maintain open, timely and effective communications with the CO/COR and the INL Mexico City program manager.

The PM shall proactively address potential problems and provide flexible, workable solutions.

The PM must supervise the contracted personnel and be responsible for the contract’s overall performance.

The PM must coordinate with Mexican and U.S. high level officials.

The PM shall also be qualified as a SME.

Qualifications:

At least 5 years of experience in designing and conducting large-scale studies.

A Master’s degree or equivalent.

Proven track record in leading, coordinating and delivering comprehensive, large-scale evaluations.

At least three (3) years of supervisory experience managing other staff.

Proven ability to deliver a quality written product.

Organizational/technical skills to manage the budget resources for this project and support the team with field logistics.

Spanish and English speaking and reading skills at or equivalent to the Foreign Service

Institute (FSI) proficiency level of 3 or higher is required.

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Expertise as facilitator for focus groups, in-depth interviews and roundtable discussion groups

Sensibility to deal with high level authorities at the State level and to closely coordinate with a myriad of prosecutors’ types at the State level, as well as GOM and INL authorities.

SME in the ACJS (Prosecutor) Duties:

The SME in the ACJS (Prosecutor) shall be present in all visits and available for all meetings with GOM, INL and State authorities.

The SME in the ACJS (Prosecutor) shall be present in in-depth interviews with prosecutors and key-informant interviews.

The SME in the ACJS (Prosecutor) must coordinate with Mexican and U.S. high level officials.

Qualifications:

At least 3 years of experience as practitioner.

Experience in evaluation projects Expertise as facilitator for focus groups, in-depth interviews and roundtable discussion groups Sensibility to deal with high level authorities at the State level and to closely coordinate with a myriad of prosecutors’ types at the State level, as well as GOM and INL authorities.

The combined staff, including external consultants, must provide proof of subject matter expertise in the following areas:

Experience as a prosecutor in the accusatorial criminal justice system in Mexico Data collection methods, both qualitative and quantitative.

Statistical analysis and sampling.

Conceptualization and operationalization of indicators/variables.

Certification and accreditation processes.

Firms submitting proposals must provide resumes for the PM, SME(s), and research assistants..

The Key Personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employment of the contractor), the contractor shall notify the COR and CO, and submit comprehensive justification for the diversion or replacement request (including proposed substitutions for Key Personnel) to permit evaluation by the COR and CO of the impact on performance under this contract. The contractor shall not divert or otherwise replace any key personnel without the written consent of the CO. The Government may modify the contract to add or delete key personnel at the request of the contractor or CO/COR.

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At least one USG representative will accompany the contractor during all state visits.

INL will cover all travel expenses exclusively for USG representatives.

9. OTHER REQUIREMENTS

The contractor is required to do the following: 1) establish and maintain relationships with various local Mexican partners; 2) provide a Mexican perspective on available data and its significance; 3) devise better approaches to collect, monitor, and interpret criminal justice system effectiveness; 4) collect data in the field; and 5) evaluate the data collected. The contractor shall have appropriate local connections in addition to documented expertise in evaluation and the justice sector. The contractor is required to comply with all applicable Mexican laws, including labor and immigration laws.

Standards of Conduct

The U.S. Embassy in Mexico City, Mexico reserves the right to undertake a vetting process for contractor employees to ensure their suitability in light of the law enforcement aspects of the work on behalf of the GOM before beginning work under this project. The Contractor shall maintain satisfactory standards of employee competency conduct appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as required. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the U.S.

Government. The U.S. Government reserves the right to direct the Contractor to remove an employee from the contract for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.

Safeguarding of Information

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations d o not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

10. TRAVEL

For travel expenses related to activities in the five INL approved states, the contractor will notify the COR twenty (20) days before the travel date. If the travel request is approved by the COR and other INL/Mexico authorities, INL/Mexico will cover travel expenses within Mexico (lodging, transportation, meals and incidental expenses) under grant SINLEC13CA0021 and

11 | P a g e follow Department of State regulations. The contractor does not need to provide a travel quotation for visits to States.

11. QUALITY ASSURANCE PLAN (QAP)

This plan is designed to provide an effective surveillance method to promote effective contractor performance. The QAP 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 conduct quality assurance to ensure that contract standards are achieved.

1. SURVEILLANCE: The INL COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the INL COR will send the complaints to the Contracting Officer for transmittal to the Contractor for corrective action.

2. STANDARD: The performance standard is that the Government receives no more than one

(1) customer complaint every ninety (90) calendar days. The COR 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.

3. PROCEDURES: If any Government personnel observe unacceptable services, either incomplete work or required services not being performed, they should immediately contact the COR.

The COR will complete appropriate documentation to record the complaint.

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

If the INL COR determines the complaint is valid, the INL COR will inform the Contracting Officer who will contact the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The Contracting Officer shall determine how much time is reasonable.

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

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.

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

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

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. NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or condition.

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ANNEX 1

The following list is not a complete set of criteria to evaluate processes and efficiency gaps for

Ministerios Públicos/Fiscales’ daily activities. The list is only indicative and exemplifying in nature. Some related indicators are shown in blue text.

Do the State Prosecutor:

Properly directing the victim/complainant to the Alternative Dispute Resolution (ADR)

Unit?

Considered the plea before or during trial?

Properly based pretrial release conditions on the crime alleged and the criminal history of the defendant?

Appropriately collaborate with other main and peripheral actors, in particular Police

Investigators; or alternatively, providing appropriate guidance to police during investigation?

Coordinating with Police First Responders to ensure presence of the accused before the

Judge (puesta a disposición).

Having sufficient preparation, i.e., gathering sufficient evidence to prove all the elements of the crime?

Ensuring that evidence used was gathered legally and is admissible in court?

Properly proffer of evidence prove the indictment in abbreviated procedures?

Continue with the investigation after an arrest has been declared illegal (what actions are taken regarding the Carpeta de investigación?

Comply with Criminal Justice System principles (orality, immediacy, transparency, contradiction, continuity, and concentration).

State Prosecutor’s figures, regarding:

Volume. Number of cases passing through the Prosecutors’ office

Speed. Procedural times of their cases (average time elapsed, between the moment when the crime was committed or the complaint (denuncia or querella) was done and the sentencing was issued (resolution by the Tribunal de Enjuiciamiento).

and out of which, Average time of completion of an investigation when arrest had been en flagrante.

(INDICATOR: Percentage of cases turned to and concluded with a Reparative Agreement or otherwise disposed; Percentage of cases resolved though ADR in which the

Reparative Agreement has been in full compliance).

Resolution Agreements Control

Number of criminal cases in abbreviated procedure, with early termination in which the suspect was arrested en flagrante.

Number of criminal cases in abbreviated procedure, with early termination in which the suspect was arrested after the fact.

Number of preliminary hearings that have been re-scheduled due to unavailability or other request by prosecutor.

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Number of cases when forensic evidence presented by prosecutors was improperly obtained and/or when chain of custody was broken.

Main recommended pretrial release conditions.

Amount, type and quality assistance to the victim from the prosecutors’ office

(INDICATOR: Interview waiting times, waiting time before seeing a prosecutor for first time, number of orders of protection solicited).

Other information regarding State Prosecutors:

Factors affecting State prosecutor’s ability to exercise proper discretion in deciding to pursue or dismiss a case.

Factors determining State prosecutor’s decision about pursuing or dismissing a case.

Factors determining State prosecutor’s decision about bail and detention.

(INDICATOR: Percentage of reparative agreements, restitution or public interest discontinuances (if applicable) for minor offences).

Factors affecting decisions to reduce charges, conclude plea bargains and negotiate sentence recommendations

Main causes for preliminary hearing rescheduling due to prosecutorial delay.

Protocol for the follow-up of non-custodial pretrial release conditions imposed by the court. (medidas cautelares).

Compliance of non-custodial pretrial release conditions.

Factors that enable/hinder such coordination between Police First Responders and State

Prosecutors.

Differences in handling cases when the accused was arrested during the commission of a crime vs. cases when the accused was arrested after a crime was committed.

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ANNEX 2

Clusters for Mexican Federal Entities.

For representativeness, State selection was based on the following grouping variables: the GOM scores evolution in the formula to measure the level of progress of the implementation of the

Accusatory Criminal Justice System in the strategic axis of training (for State Prosecutors and

Public Defenders), Total Population and Total Criminal Incidence for local crimes (fuero común) in each state.

Entidad Federativa Diez

Clústers Entidad Federativa

Cinco

Clústers

Michoacán 10 Chiapas 5

Distrito Federal 9 Guanajuato 5

Baja California Sur 8 Michoacán 5

Campeche 8 Nuevo León 5

Colima 8 Puebla 5

Coahuila 7 Baja California 4

Hidalgo 7 Chihuahua 4

San Luis Potosí 7 Coahuila 4

Sinaloa 7 Guerrero 4

Sonora 7 Hidalgo 4

Tabasco 7 Oaxaca 4

Jalisco 6 San Luis Potosí 4

Veracruz 6 Sinaloa 4

Chiapas 5 Sonora 4

Nuevo León 5 Tabasco 4

Guanajuato 4 Tamaulipas 4

Puebla 4 Aguascalientes 3

Estado de México 3 Baja California Sur 3

Baja California 2 Campeche 3

Chihuahua 2 Colima 3

Guerrero 2 Durango 3

Oaxaca 2 Morelos 3

Tamaulipas 2 Nayarit 3

Aguascalientes 1 Querétaro 3

Durango 1 Quintana Roo 3

Morelos 1 Tlaxcala 3

Nayarit 1 Yucatán 3

Querétaro 1 Zacatecas 3

Quintana Roo 1 Estado de México 2

Tlaxcala 1 Distrito Federal 1

Yucatán 1 Jalisco 1

Zacatecas 1 Veracruz 1

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (MAY

2015), is incorporated by reference (see SF-1449, Block 27A)

FAR 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:

__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).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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).

__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).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (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 (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (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.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (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 (Nov

2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15

U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__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).

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

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

793).

_X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)

___ (35) (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)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

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

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

___ (43) 25.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_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).

___ (49) 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).

___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

_X__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

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

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

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

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

___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (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.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 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).

___ (7) 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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

___ (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, Nondisplacement 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 (Feb…