Statement of Work - Draft.docx

STATEMENT OF WORK

INL CounterFTOs and Counternarcotics Satellite Phones and Service Plan

1. GENERAL

The contractor shall provide all the materials necessary to accomplish the efforts described in this Statement of Work (SOW).

2. SCOPE

2.1 The scope of work consists of procuring 100 satellite phones with the specifications described in Table A. All items shall be NEW, unopened, and shall meet or exceed the detailed specifications. Refurbished, used, or recycled items are NOT acceptable.

All items shall be procured through a manufacturer approved distribution channel.

The Contractor shall also provide all transportation, labor, and services needed to accomplish the efforts described in this SOW.

Table A – TECHNICAL SPECIFICATIONS

Talk time: Up to 4 hours 200-character, daylight-readable display Integrated backlight for nighttime viewing Illuminated weather resistant keypad Integrated speakerphone Two-way SMS and short email 21 supported menu languages Pre-programmable International Access Code (00 or +) Mailbox for voice, numeric and text messages Military-grade ruggedness (MIL-STD 810F) Ingress Protection (IP65) 100-entry internal phonebook Keypad lock and PIN lock for additional security Dimensions:140 mm (L) x 60 mm (W) x 27 mm (D) Weight: 247g

Kit shall include:

· Satellite Phone

· SIM card compatible with the service plan provided under this contract

· Rechargeable Lithium-Ion Battery

· AC Travel Charger

· International Plug Kit

· DC Car Charger

· Portable Auxiliary Mag Mount Antenna

· USB Data Cable

· Hands-Free Headset

· USB and Power Adapter

· TNC Connector Adapter

· User Guide (CD)

Iridium Extreme 9575 Satellite Phone Kit or equal

2.2 Each satellite phone shall include a prepaid service plan good for 720 days with a minimum service of 6,000 minutes. The plan shall include SIM card. The plan shall be a global plan and be serviceable in Mexico. Technical support for the service plan shall be available in Mexico to assist end-users with any service issues or troubleshooting.

2.3 The Contractor shall provide activated SIM cards for each satellite phone delivered under this contract. SIM card provisioning shall include the following:

a. Each SIM card shall be pre-activated and associated with the applicable service plan prior to delivery to the end-users;

b. SIM cards shall be compatible with the satellite phones provided and the satellite network;

c. The Contractor shall provide documentation identifying each SIM card's International Mobile Subscriber Identity (IMSI) number and associated handset serial number (IMEI) for Government inventory and tracking purposes; and

d. The Contractor shall replace, at no additional cost to the Government, any SIM card that is found to be defective or non-functional within 10 business days after delivery.

2.4 The Contractor shall perform operational capability testing to ensure compliance with all contract requirements and proper operation of all satellite phones, SIM cards, and service plans. Upon successful completion of required testing, the Contractor shall provide the results of the operational capability tests. Testing shall be completed within 15 days after delivery.

2.5 The Contractor shall provide applicable specification sheets and photographs (in color) of items described in Table A and specify if the requested items are no longer available in the market, has short inventory, or has delayed delivery times.

3. DELIVERY DATE

All items in this request shall be delivered no later than 90 business days after the date of the award. Partial deliveries are not acceptable unless stated in writing by the Contracting Officer (CO). After delivery is completed, the Contractor shall offer a 12-month warranty for all items.

Operational capability testing services are also required. Testing shall be completed within 15 business days after satellite phones are delivered and accepted at each site.

4. DELIVERY INFORMATION

4.1 The Contractor shall deliver all items in accordance with contract specifications to the following address:

TRAFIMAR – INL Mexico ATN INL/ Laura Cisneros Calle de Ferrocarril Acambaro #77 Col. San Luis Tlatilco, C.P. 53630 Naucalpan, Estado de México, Mexico

4.2 Deliveries will take place Monday – Friday, between the hours of 08:00 to 17:00. The Contractor shall coordinate with INL Mexico Logistics at mexicocityinllogistics@groups.state.gov to obtain access to the project site.

No item can be delivered without prior authorization and coordination with INL Mexico Logistics. Once the Contractor receives written approval, a specific delivery date will be established.

Any costs or arrangements associated with getting all equipment to the delivery location shall be included in the cost proposal.

4.3 The Contractor shall ensure all items are prepared for safe transportation once confirmation is received from INL Mexico. The Contractor is also responsible of unloading all boxes and/or packages/pallets.

4.4 The Contractor shall separate the equipment and label boxes/packaging according to the distribution list included in Attachment 1 – DISTRIBUTION PER END USER.

4.5 Upon notification, the Contractor shall replace lost or damaged items received during shipment.

4.6 Bill of Materials: The Contractor shall provide a detailed bill of materials to the following address mexicocityinllogistics@groups.state.gov to be verified and ratified by INL Mexico Logistics.

The list shall include, at minimum:

a. Item Description

b. Name of Manufacturer

c. Model Number

d. Serial Number (if applicable)

e. Quantity Delivered

f. Volume and Dimensions

g. Unit Price

h. Extended Price, and

i. Warranty beginning and expiration date (if applicable)

All paperwork shall be provided at least five business days before the equipment is transported and delivered.

4.7 Packing and marking: One copy of the packing list shall accompany the shipment, attached to the outside of each box/carton/package, and shall include (at a minimum) the following information:

a. Name and address of consignor

b. Name and address of consignee

c. Government contract number

d. Description of the items shipping, including item number, quantity, number of containers, and package number

e. Name of the end user according to the distribution included in Attachment 1.

Any supplies, excess material, or waste created because of delivering and unboxing the equipment of this project, shall be properly removed by the Contractor.

4.8 When delivering the equipment and in the presence of a INL Mexico representative, the Contractor´s personnel shall perform a physical inventory to ensure all delivered items are accounted for and no damaged items were received.

5. IMPORTATION PERMITS AND LICENSES

5.1 The Contractor shall be aware that if any item is procured outside of Mexico, INL Mexico will not be involved in the importation process at any time or under any circumstance. The Contractor shall also note that INL Mexico will not provide anyone nor sign documents related to the importation process since INL Mexico is not authorized by the Secretariat of Foreign Affairs (Secretaria de Relaciones Exteriores) to act as an importer of goods to be transferred to the Government of Mexico.

5.2 The Contractor shall provide and file all required shipping and export documentation and relevant permits and/or licenses or any other documentation necessary for the importation of the goods to Mexico.

NOTE: Neither the USG nor the Government of Mexico shall be involved in any way with the importation/exportation process.

5.3 The Contractor is solely responsible to clear customs in Mexico, pay importation taxes and any other taxes or fees to make the importation into Mexico and provide all required importation permits and paperwork in compliance with Mexican regulations.

The Contractor shall be the importer of record. No delivery shall take place until coordination with INL Mexico Logistics has been obtained. The end user and/or INL shall not be involved in any way with any importation or exportation issues.

The Contractor assumes all responsibilities, risk, and costs associated with transporting goods to the end user or transferring them at the destination port.

5.4 The contractor shall comply with all applicable International, U.S., and Mexican Regulations. All shipping documents, relevant permits and/or licenses, export declaration forms, and other delivery information shall be submitted once those are available to:

INL Mexico Logistics Email: mexicocityinllogistics@groups.state.gov

All shipping, importation, and export documentations and or any other documentations necessary for the importation of all products into Mexico, shall be submitted to INL Mexico as requested.

5.5 An Importation Plan shall be included as part of the Contractor’s proposal submission. If applicable, the Contractor shall include an Importation Plan explaining in detail the action(s) that will be taken to deliver the requested equipment to the final locations.

In this plan, the contractor shall provide a full understanding of the Mexican labeling and customs documentation standards. The importation plan shall detail the port of entry into Mexico, the custom broker that will handle the importation, documents needed to perform the importation and regulations to be complied with by the Contractor to perform the import.

The Importation Plan will be considered as an evaluation factor when reviewing the Contractor’s proposal. Therefore, the absence of an Importation Plan at time of the Contractor’s proposal submission will deem the Contractor nonresponsive and not considered for contract award.

6. INSPECTION AND ACCEPTANCE

6.1 Upon written approval from the CO, and after a physical inventory and inspection of all items are performed, the Contractor will be permitted to submit an invoice for the products/equipment delivered. The payment to the Contractor shall be made following satisfactory inspection and acceptance by an INL Mexico representative.

6.2 Once the Contract is awarded, the CO will provide instructions for invoice submission.

6.3 The Contractor is fully responsible for all products under its custody until all products are delivered and accepted in Trafimar warehouse (refer to section 4.1 for delivery address).

6.4 Should INL Mexico officials find an incomplete or defective material, INL Mexico reserves the right to refuse to receive the material in question and notify the Contractor. If the contractor fails to meet the performance standard, the U.S. Government reserves the right to act, including deducting from any invoice.

7. WARRANTY

7.1 The Contractor shall offer a 12-month standard in-country warranty on all equipment included in this SOW.

7.2 The Contractor shall provide a copy of the warranty policy, detailing the warranty support and the procedures to follow when requesting warranty services.

7.3 Warranty shall be applicable and serviceable in Mexico and shall begin after delivery. All expenses related to warranty application after donation to the end user are the Contractor´s responsibility. Neither the Government of Mexico (GOM) nor the United States Government will be involved in the warranty application.

7.4 The Contractor shall be able to provide and honor in-country warranty for all applicable equipment in Mexico, without any extra cost for the end user. To guarantee long term warranty support in Mexico, the Contractor shall verify that equipment manufacturer(s) has (have) local presence in Mexico so warranty can be exercised without taking items for exportation/importation from Mexico to any other country.

7.5 The warranty policy, manuals, and support contact information shall be delivered on the same day as the equipment. If the GOM or INL receives a warranty claim for defects in materials, functionality, or workmanship, the Contractor will be asked to perform an evaluation at no additional cost to GOM or INL to verify the status of the claim and respond officially in writing referenced the warranty claim.

7.6 If the Contractor determines that the product has a defect covered under this warranty, the Contractor shall replace the product or the part at no additional cost to the GOM or INL. When a product or part that is covered under the warranty policy needs to be replaced, neither the GOM or INL shall be financially responsible for the transportation of equipment nor for the replacement of equipment.

8. CLOSE-OUT DOCUMENTATION

No later than 10 business days after all items are delivered the Contractor shall provide complete documentation for all goods delivered under this contract. All documentation shall be provided in English and Spanish language unless otherwise noted in the contract.

At a minimum, the closeout documentation shall include:

a. Original equipment manufacturer documentation

b. User Manuals

c. Warranty policy and supporting documentation, including technical contact information, explanation of warranty coverage and the process to obtain warranty service, and

d. Commercial invoice

9. DELIVERABLES

Required deliverables are summarized in Table B. All days listed below refer to business days.

Table B – DELIVERABLES

10. QUALITY ASSURANCE SURVEILLANCE PLAN

If end users or INL Mexico officials find an incomplete or defective item, they should immediately refrain from receiving it and notify the Contractor. If the Contractor fails to meet the performance standard, the U.S. Government reserves the right to act, including a deduction from any invoice.

The Contractor’s performance will be rated according to the following Quality Assurance Surveillance Plan (QASP). The Contractor shall implement and adhere to the QASP, when the project begins and throughout the entire period of performance of the contract.

Table C – QASP

Standards Acceptable Quality Levels Method of Surveillance Incentive (Negative) (Impact on Contractor Payments)

11. VAT RECLAMATION

Value Added Tax (VAT) is 16% or the one stated in the Value Added Mexican Law Tax (VAT: https://www.diputados.gob.mx/LeyesBiblio/pdf/LIVA.pdf), for payments associated with the in-country purchases of goods, materials or services required to perform this contract.

The contractor shall follow the invoicing procedures established by INL to allow the U.S. Embassy Mexico to reclaim the IVA/VAT taxes charged. VAT, or “IVA” as it is known in Mexico, shall be itemized in all invoices. In order for the contractor to claim VAT on its invoices, the Contractor is required to obtain an invoice, “Factura”, from a Mexican Company that complies with all the requirements of Article 29 A of the Mexican Fiscal Code or obtain a VAT Registration Identification Number from the Secretaria de Hacienda y Crédito Público to emit its own facturas.

The contractor shall provide the necessary invoicing requirements to enable the USG to obtain reimbursement for VAT. This reimbursement benefit is extended only to the U.S. Government – not the Contractor – as a diplomatic privilege. The following/current Factura´s requirements are outlined in the paragraphs below.

All Facturas, the Contractor delivers to the U.S. Government shall be in accordance with VAT Mexican Tax regulations:

(VAT: http://www.diputados.gob.mx/LeyesBiblio/ref/liva.htm) and Mexican Fiscal Code (MFC: http://www.diputados.gob.mx/LeyesBiblio/ref/cff.htm).

The Contractor’s failure to follow these procedures shall result in the U.S. Government’s inability to secure tax reimbursement on this contract, resulting in VAT payment in the Invoice being denied to the contractor. Facturas for the in-country purchases described above shall include only charges authorized in this contract. Such Facturas shall list separately or collectively the pre-tax price of any supplies or services provided in country.

As it is required by local authorities, the Contractor shall impose the appropriate tax rate against the pre-tax total of the purchases represented on the Factura. The Contractor shall submit the invoices associated with such purchases as supporting documentation for its in-country payment request. The USG shall only compensate the Contractor for the tax amount provided on such Facturas and in any case VAT reimburse won’t exceed the amount authorized in the contract for this purpose.

VAT on items such as contractor personnel housing, personal vehicles, utilities, phone charges, per diem, etc. are excluded from reimbursement.

All Facturas shall be addressed to “Embajada de los Estados Unidos de Norteamerica” as stated in the below requirements.

The contractor´s Factura shall provide at least the following in accordance with Article 29 A of the Fiscal Mexican Code:

· Issuer’s name and address

· Issuer’s Federal Tax Registry Number (RFC) (aka Certificate of Fiscal Identification)

· Photo image of Federal Tax Registry card (aka Certificate of Fiscal Identification) on the invoice

· Invoice number and complete transaction date (month, day, and year). Also needed is the date and place of issue (Lugar y fecha de expedición). The two dates shall be the same.

· Required legal wording that addresses the illegal reproduction of the document. The printing company information shall annex the date of printing and official authorization number

· Customer ´s Name: “Embajada de Estados Unidos de Norteamérica”

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

· U.S Embassy Address: PASEO DE LA REFORMA No. 305 COL. CUAUHTEMOC, CIUDAD DE MEXICO C.P. 06500.

· Régimen: Personas Morales con Fines no Lucrativos

· Quantity and description of acquired services or merchandise

· If applicable, the number and date of customs import documents associated with all sales of imported merchandise

· Invoice(s) received in Mexican pesos shall also include, in the legend, the date and exchange rate used when the invoice was emitted by the Mexican company. The exchange rate noted on the Mexican company’s invoice will be used to reimburse VAT to contractors.

· Invoice shall say “FACTURA.” All digital invoices (“FACTURAS”) shall be presented to the Embassy/ Contracting Officer Representative (COR).

· The tax-relief invoice shall be written in English and Spanish versions.

· Invoice shall have a valid digital seal.

· Invoices shall be provided in CFDI (.XML) and pdf format.

The requirements above apply to all supplies and services purchased in Mexico that are provided to the USG as part of this contract. All IVA/VAT documentation shall be submitted to the COR for approval and submission to Hacienda at the time of the invoice request for payment. All electronic invoices should be submitted to DOSPayments@state.gov with a copy sent to the CO and COR.

The Contractor shall also obtain and submit the “Complemento de Pago” in each factura as the primary proof of payment. According to the Fiscal Mexican Regulation, all vendors shall issue this Complement of Invoice Payment after receiving their pay from their facturas labeled as “Pago en parcialidades”.

Attached is the link with additional information Complemento de pagos - Factura electrónica - Portal de trámites y servicios - SAT

12. NON-PAYMENT FOR UNAUTHORIZED WORK

No payments shall be made for any unauthorized supplies or services nor for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of its own volition or at the request of an individual other than a duly appointed Contracting Officer.

Only a duly appointed CO is authorized to change the specifications, terms and/or conditions of this contract.

Source Selection Information – See FAR 2.101 and 3.104