19EC3026R0001 Gardening Services Solicitation.pdf

TABLE OF CONTENTS

SECTION 1 – THE SECHEDULE

• SF 1449 cover sheet

• Continuation To SF-1449, RFP Number 19EC3026R0001, Prices, Block 23

• Continuation To SF-1449, RFP Number 19EC3026R0001, Schedule of Supplies/Services, Block 20 Description/Specifications/Work Statement

• Attachment 1 to Description/Specifications/Performance Work Statement, Government

Furnished Property

SECTION 2 – CONTRACT CLAUSES

• Contract Clauses

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

SECTION 3 – SOLICITATION PROVISIONS

• Solicitation Provisions

• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12

SECTION 4 – EVALUATION FACTORS

• Evaluation Factors

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

SECTION 5 – REPRESENTATIONS AND CERTIFICATIONS

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not

Prescribed in Part 12

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFP NUMBER 19EC3026R0001

PRICES, BLOCK 23

1. SCOPE OF CONTRACT

The Contractor shall perform gardening services, including furnishing all labor, material, equipment, and services, for the U.S. Consulate General Guayaquil. The price listed below shall include all labor, materials, insurance (see FAR 52.228-3 and 52.228-5), overhead, and profit. The Government will pay the Contractor the fixed price per month for services that have been satisfactorily performed.

The performance period for this contract is a base period of 12 months, with four one-year optional periods of performance to renew at the Government’s discretion. The initial period of performance includes any transition period authorized under the contract.

2.0 PRICING

2.1 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.

It is reflected in each performance period.

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF

2010 NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS

SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT TO AN EXCISE

TAX OF 2% PERSUANT TO 26 U.S.C. 5000C.

2.2. BASE PERIOD

2.3. FIRST OPTION YEAR PRICES

2.4 SECOND OPTION PRICES

BASE YEAR

VAT 15%

PRICE PER MONTH

PRICE PER YEAR (12 MONTHS)

CLIN 0001 FIRM FIXED PRICE FOR STANDARD SERVICES FOR THIS CONTRACT

NAICS Code: 561730 Landscaping Services

DEFENSE BASE ACT (DBA) 12 MONTHS

CLIN 0001 TOTAL BASE YEAR

NAICS Code: 561730 Landscaping Services

PRICE PER YEAR (12 MONTHS)

DEFENSE BASE ACT (DBA) 12 MONTHS

VAT 15%

CLIN 1001 TOTAL FIRST OPTION YEAR

NAICS Code: 561730 Landscaping Services

FIRST OPTION YEAR

PRICE PER MONTH

CLIN 1001 FIRM FIXED PRICE FOR STANDARD SERVICES FOR THIS CONTRACT

NAICS Code: 561730 Landscaping Services

NAICS Code: 561730 Landscaping Services

PRICE PER MONTH

CLIN 2001 FIRM FIXED PRICE FOR STANDARD SERVICES FOR THIS CONTRACT

SECOND OPTION YEAR

DEFENSE BASE ACT (DBA) 12 MONTHS

VAT 15%

CLIN 2001 TOTAL SECOND OPTION YEAR

NAICS Code: 561730 Landscaping Services

PRICE PER YEAR (12 MONTHS)

2.5 THIRD OPTION YEAR PRICES

2.6 FOURTH OPTION-YEAR PRICES

2.7 52.217-8 OPTION TO EXTEND SERVICES (6 MONTHS)

CLIN 3001 FIRM FIXED PRICE FOR STANDARD SERVICES FOR THIS CONTRACT

PRICE PER MONTH

NAICS Code: 561730 Landscaping Services

THIRD OPTION YEAR

PRICE PER YEAR (12 MONTHS)

DEFENSE BASE ACT (DBA) 12 MONTHS

VAT 15%

CLIN 3001 TOTAL THIRD OPTION YEAR

NAICS Code: 561730 Landscaping Services

DEFENSE BASE ACT (DBA) 12 MONTHS

VAT 15%

CLIN 4001 TOTAL FOURTH OPTION YEAR

NAICS Code: 561730 Landscaping Services

CLIN 4001 FIRM FIXED PRICE FOR STANDARD SERVICES FOR THIS CONTRACT

NAICS Code: 561730 Landscaping Services

FOURTH OPTION YEAR

PRICE PER MONTH

PRICE PER YEAR (12 MONTHS)

CLIN 5001 TOTAL 52.217-8 OPTION

NAICS Code: 561730 Landscaping Services

PRICE 6 MONTHS

DEFENSE BASE ACT (DBA) 6 MONTHS

VAT 15%

CLIN 5001 FIRM FIXED PRICE FOR STANDARD SERVICES FOR THIS CONTRACT

NAICS Code: 561730 Landscaping Services

52.217-8 Option to Extend Services (6-months)

PRICE PER MONTH

2.8 GRAND TOTAL

TOTAL SECOND OPTION YEAR (CLIN 2001)

TOTAL THIRD OPTION YEAR (CLIN 3001)

GRAND TOTAL AMOUNT

NAICS Code: 561730 Landscaping Services

TOTAL 52.217-8 OPTION TO EXTEND SERVICES (CLIN 5001)

6 MONTHS

TOTAL FOURTH OPTION YEAR (CLIN 4001)

TOTAL BASE YEAR (CLIN 0001)

TOTAL FIRST OPTION YEAR (CLIN 1001)

GRAND TOTAL FOR ALL OPTIONS

NAICS Code: 561730 Landscaping Services

CONTINUATION TO SF-1449

RFP NUMBER 19EC3026R0001

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

1. STATEMENT OF WORK

The purpose of this contract is to obtain gardening and landscaping services for real property owned or managed by the U.S. Government at the U.S. Consulate Compound - Guayaquil and for the CGR (Consul General Residence). The Contractor shall perform gardening landscaping services in all assigned spaces.

1.2. GENERAL REQUIREMENTS

Maintenance of the grass, shrubbery, garden areas, trees, and related landscape elements of the U.S. Post and properties are an important part of the representational responsibilities of the U.S.

mission. The Government will measure the Contractor’s work by the safety, quality, professionalism, and reliability of the landscape covered by this contract. The Contractor shall perform complete gardening and landscape maintenance services as described in this contract for Consulate compound, including LE parking lot and CGR. The Contractor shall include all planning, administration, and management necessary to assure that all services comply with the contract, the COR's schedules and instructions, and all applicable laws and regulations. The Contractor shall perform all related support functions such as supply, quality control, financial oversight, and maintenance of complete records and files.

The contractor is responsible for providing all tools, products and fuel necessary to comply with this contract. The contractor shall provide the list of tools they plan to use on their work to be previously approved by the COR.

The Contractor shall comply with the following US Safety and Health regulations and codes:

a. EM 385-1-1: U.S. Army Corps of Engineers Safety and Health Requirements Manual.

b. OSHA: Occupational Safety and Health Administration laws and regulations.

1.3. MANAGEMENT AND SUPERVISION

1.3.1. SUPERVISION

The Contractor shall designate a qualified representative responsible for on-site supervision of the Contractor’s workforce. This means that the supervisor must always be on-site at the Consulate. This supervisor shall also serve as supervisor for the work requirements at Consulate Compound and the CGR. The supervisor shall be the focal point for the Contractor and shall be https://www.osha.gov/ the point of contact with U.S. Government personnel. The supervisor shall have sufficient English language skill to be able to communicate with members of the U.S. Government staff. The supervisor shall have supervision as his or her sole function.

1.3.2. SCHEDULES

The Contractor shall maintain work schedules. The schedules must take into consideration the hours that the staff can effectively perform their services without placing a burden on the security personnel of the Post. The Contractor shall deliver services for a total of 40 hours per week.

1.3.3. QUALITY CONTROL

The Contractor shall be responsible for quality control. The Contractor shall create a checklist defining the parameters to perform quality control and ensure all tasks meet the required standards found in the Schedule of Service. The checklist shall be an Annex to the Contractor’s Quality Control Management Plan. The Contractor Quality Control Management Plan (C-QCMP) shall align with Quality Assurance and Surveillance Plan (QASP) and include unannounced to the Contractor workforce inspection visits of the work site every month. The Contractor shall coordinate these visits with the COR.

1.3.4 TECHNICAL GUIDANCE

The Contractor shall have the services of a trained horticulturist with experience in the climate and soil conditions found locally to provide technical guidance to the Contractor's workforce and to develop and guide the Contractor's programs for lawn and tree care. The horticulturist shall prepare a report on these activities and submit it to the COR and the A-POSHO.

The trained horticulturist- agronomist must visit the compound 2 times a month (every 15 days) and deliver a report of the visit with the recommendations to the COR.

1.3.5. GROUNDS MAINTENANCE PLAN

The Contractor shall submit an annual Grounds Maintenance Plan that reflects the proposed frequency for meeting the requirements of this contract. The Grounds Maintenance Plan will be developed to fit the requirements of local conditions, types of vegetation, and climate factors.

The Contractor shall submit the Grounds Maintenance Plan to the COR for approval within 30 days after contract award.

1.3.6.- CERTIFICATION/OTHER

In accordance with Ecuadorian labor law, the following shall be submitted as applicable for review and approval.

Occupational Safety and Health unit:

Companies with 100 or more workers

1. Occupational Safety and Health Technician (Dec. 2393. Art. 15. Num.1), submit a registration document.

2. Occupational Physician (Labor Code, Art. 430. Num. 2 / Dec. 2393. Art. 16 / Agreement 1404), submit registration document

Companies with less than 100 workers

1. Responsible for Occupational Health and Safety (Decision 584, cap III, Art 11, lit a), submit registration document.

2. Occupational Physician (periodic visit) (Labor Code Art. 430, num 1 / Resolution 390 Art.

2), submit registration document.

Parity organizations:

1. Current registration certificate of Safety and Health committee and subcommittee (Dec 2393, Art 14), if applicable.

2. Delegate for occupational Safety and Health (Resolution 957 Art 13 and 14). Submit data of the delegate assigned to this workplace.

Company’s Safety and Health Regulation

1. Company’s Safety and Health Regulation and its certificate of registration in the Ministry of Labor, for companies with 10 or more workers (Labor Code Art. 434).

2. Minimum Safety Plan for companies with less than 10 workers (Decision 584, Cap III, Art. 11) and registration document in the Ministry of Labor.

Workers' Health (Agreement 1404)

1. Certificate of work aptitude based on the occupational health exams according to the risk exposure and endorsed by the occupational doctor. Submit that certificate annually and in case of high-risk activities.

2. First aid kit

Training (Decision 584)

1. Each year send a certificate submitted by the highest authority of the company, indicating the training provided to the staff in the matters of Safety and Prevention of

Occupational Hazards, such training must be dictated by competent personnel. List the courses taught each year in the certificate.

Safety procedures for special works (Decision 584, Art 11, lit e / Resolution 957 Art. 1)

2. Safety procedures for specific tasks and / or those that involve high risk.

3. Submit the procedure for your workers in case of an accident at work or presumption of occupational disease.

The Contractor shall comply with relevant sections in the following US Safety and Health regulations and codes:

a. EM 385-1-1: U.S. Army Corps of Engineers Safety and Health Requirements Manual.

b. OSHA: Occupational Safety and Health Administration laws and regulations.

Safety Inspection

1. The Occupational Health and Safety Technician must comply with periodic inspection visits. Submit the checklist to be used. Coordinate each visit with POSHO or APOSHO.

1.4 LAWN CARE

1.4.1.- GRASS CUTTING

The Contractor shall maintain an appropriate height for the grass based on the species or type of grass and the season of the year, whether winter or summer. A height of 4cm to 6cm is recommended, however, the horticulturist or agronomist shall make the final recommendation regarding the appropriate height The Contractor is responsible for providing all fuels and tools needed to complete this task.

1.4.2.- EDGING

The Contractor shall edge all sidewalks, driveways, and curbs each time the adjacent grass is cut, and the Contractor is responsible for providing all fuels and tools needed to complete this task.

The Contractor shall avoid using leaf blowers, string trimmers, manual lawn mowers, and cart lawn mowers during the following times:

• 07:00 to 09:00 (staff arrival time),

• 12:00 to 13:00 (lunch break), and

• 16:00 to 17:00 (staff departure time).

At other times, the Contractor must stop using these machines whenever someone is walking nearby. These machines can pose safety risks, such as causing accidents or injuries to the eyes, https://www.osha.gov/ face, or body. They may propel small stones, turning them into projectiles that could harm individuals walking on the internal pathways of the compound. The same precaution applies to the external sidewalks where applicants are present.

1.4.3. - GRASS TRIMMING

The Contractor shall trim grass around trees, shrubs, cultivated areas, sprinkler heads, valves, fences, buildings, poles, and structures, so that grass height does not exceed the height of the adjacent grass.

The Contractor is responsible to provide all fuels and tools needed to complete this task.

1.4.4.- WEEDING

The Contractor shall weed the grounds and gardens on a continuous basis to prevent the growth of weeds into lawn and landscapes. The Contractor may use SHEM approved weed-killing chemicals to prevent the growth of weeds to eliminate grass and weeds in the cracks and joints within or along sidewalks and curbs. The Contractor shall obtain approval of the COR for all applications of weed killers.

Contractor is responsible to provide for all weed-killing and fertilizer chemicals in compound. The contractor must submit to the Safety Program Coordinator and POSHO for review and approval, before purchasing, the MSDS (Main Safety Data Sheet) to review if the dosage, chemical composition, and active ingredients are approved by the State Department.

Weed killer must be applied every time it is needed.

The Contractor is responsible to provide all fuels, herbicides and tools needed to complete this task.

1.4.5.- GRASS REPAIR AND RE-ESTABLISHMENT

The Contractor must repair areas damaged by vehicular traffic, oil and gas, building repairs, and normal foot traffic. The determination of the amount to be repaired and when repairs are necessary will be decided by the COR. The amount to be repaired will correspond to the extent of the damage, and repairs will be required whenever damage occurs. The damaged area must be filled in, leveled, and then seeded or sodded and maintained to conform to adjacent areas.

The method, frequencies, and dates of grass cutting, hedging, trimming, weeding, and turf repair shall be part of the contractor's Grounds Maintenance Plan.

If the damage to the grass was caused by the Contractor, they will be responsible for replacing and replanting it. If the damage to the lawn was not caused by the Contractor, the Consulate will purchase the lawn, and the Contractor will be responsible for planting it at no additional cost to the Consulate. The COR will determine who caused the damage to the landscape.

1.4.6.- PLANTS REPAIR AND RE-ESTABLISHMENT

The Contractor shall, whenever necessary, repair areas damaged by vehicular traffic, oil and gas, building repairs, and normal foot traffic. The damaged area shall be filled in and leveled and then seeded or sodded and maintained to conform to adjacent areas.

If the damage to the PLANTS, TREE, BUSH or SHRUB was caused by the Contractor, they will be responsible for replacing and replanting it. If the damage to the lawn was NOT caused by the Contractor, the Consulate will purchase the lawn, and the Contractor will be responsible for planting it at no additional cost to the Consulate.

1.4.7.- PRUNING

1.4.7.1.- The Contractor shall maintain trees, shrubs, hedges, bushes, vines, ground cover and flowers.

1.4.7.2.-The Contractor shall prepare a written schedule, as part of the Grounds Maintenance Plan, showing the method, frequencies, and dates of pruning.

1.4.7.3.-The Contractor shall prune all shrubs, vines, bushes, ground cover, and trees to direct and encourage plant growth in the direction desired, remove dead and unsightly growth.

The Contractor shall prune according to the schedule in the Grounds Maintenance Plan to ensure that all heavy pruning is accomplished during the proper season according to best horticultural practice. The Contractor shall prune all hedges and shaped shrubs to always maintain proper shape.

1.4.7.4.-At no additional cost to the Government, the Contractor shall replace any tree, bush or shrub that is killed or rendered unusable for its intended purpose through negligent or irresponsible practices that are attributable to the Contractor.

The Contractor is responsible to provide all fuels and tools needed to complete this task.

1.4.7.5 The contractor shall prune the 15 tall saman trees once a year, all equipment and planning required for the execution of this activity shall be the sole responsibility of the contractor. Proper Work Plans and Activity Hazard Analyses (AHAs) must be submitted to and approved by the Contracting Officer’s Representative (COR), Safety Program Coordinator, and Post Occupational Safety and Health Officer (POSHO) prior to the work being performed.

1.4.8.- LEAF REMOVAL

The contractor must remove fallen leaves from the trees and transport them to the waste disposal site, the location must be designated and approved by the COR/APOSHO. Gardeners must ensure that leaves do not accumulate beneath the trees. Only rakes may be used for leaf collection, and the use of leaf blowers is restricted to non-peak hours. There is no additional cost or procurement request (PR) for the consulate for this removal.

1.4.9.- REMOVAL OF DEBRIS

The Contractor shall remove foreign material, cuttings, grass, leaves, bark, limbs, dead vegetation, paper, and trash from the maintained areas, including walkways, stairways, and curbs within or adjacent to the area. The Contractor shall remove all debris and equipment from the work site before the end of each workday. Debris removal shall prevent unsightly accumulation.

The removal of landscaping waste from the compound must be carried out on a regular basis, so that leaf pile at the waste disposal site does not exceed the 90% capacity of the site. A dump truck with sufficient load capacity in cubic meters must come and remove the waste, which consists of branches, sticks, and pulled grass. The cost of the waste removal is paid for by the contractor, and the cost must be included in the contract.

The Contractor is responsible for all expenses incurred in the collection and disposal of debris, away from the compound. Gardeners should not let leaves and debris accumulate.

The Contractor shall promptly remove collected debris to an authorized disposal site, away from the compound and authorized by the local Municipality-City in accordance with current Ecuadorian law.

1.4.10.- WATERING

The compound irrigation system is managed only by consulate technicians, in coordination with the horticulturalist for required to frequency of watering.

1.4.10.1 The Contractor shall water lawns, flowers, shrubs, and trees to ensure moisture penetration to a depth considering the horticulturalist's report and recommendation. If natural precipitation is sufficient to fulfill this requirement, the Contractor may request the COR's permission to suspend watering to avoid excessive water in the soil.

1.4.10.2 The Contractor shall present the method, frequencies, and dates of watering in a written schedule as part of the Grounds Maintenance Plan. The schedule shall consider the types of vegetation, local soil conditions, and seasonal variations in plant moisture requirements.

1.4.10.3.-The Contractor shall provide all equipment (hoses and portable sprinklers) required for use under this contract.

1.4.10.4.- Additionally, the contractor must water the grass and plants in areas where a sprinkler irrigation system is not installed.

1.4.10.5.-The Government will furnish the supply of water.

1.4.10.6.- ATTACHMENT 4 indicates the area where the gardening sprinklers system equipment is installed.

1.4.11.- FERTILIZATION

1.4.11.1 The Contractor shall fertilize trees, shrubs, bushes, hedges, and plants at a frequency determined by the horticulturalist but as a minimum once per year.

1.4.11.2 The Contractor shall fertilize the lawn areas (grass areas “cesped”) at a frequency determined by the horticulturalist but at a minimum of two times per year.

1.4.11.3.- The Contractor shall fertilize the soil to promote proper health, growth, color, and appearance of cultivated vegetation, following proper horticultural practice for the types of vegetation, soil, weather conditions, and seasons of the year.

1.4.11.4.- The Contractor shall present the method of application, fertilizer type, frequencies, and dates of fertilizing and liming in the Grounds Maintenance Plan.

1.4.11.5.- The contractor is responsible for providing fertilizers and chemical supplies for fertilizing purposes to the Consulate. The provision of these materials is included in the contract.

1.4.11.6.- Before purchasing fertilizers or chemical supplies, the method of application, the work plan, and the Activity Hazard Analysis, as well as the MSDS (Material Safety Data Sheet) must be submitted to the Safety Program Coordinator and POSHO for review and approval by the State Department. This review will ensure proper dosage, chemical composition, and active ingredients.

1.4.11.7.- All fertilizers, weed killers, and pesticides to be used must be included in the list of fertilizers, pesticides, and weed killers approved by the Department of State. This list is included in this SOW (Scope of Work).

1.4.11.8.- COST: All costs associated with these actions will be covered by the contractor

1.4.12.- PEST AND DISEASE CONTROL- FUMIGATIONS

1.4.12.1.- The contractor must also conduct preventive and monthly control fumigations as part of its responsibilities.

1.4.12.2.- The contractor is responsible for providing chemical supplies for weed and pest control to the Consulate. The provision of these materials is included in the contract.

1.4.12.3.- Chemicals will be supplied, by the Contractor, annually and as needed, based on the requirements of the gardening area, the aggressiveness of pests, and the necessity to rotate products to prevent pest resistance.

1.4.12.4.- Before purchasing pesticides or chemical supplies, the method of application, the work plan, and the Activity Hazard Analysis, as well as the MSDS (Material Safety Data Sheet) must be submitted to the Safety Program Coordinator and POSHO for review and approval by the State Department. This review will ensure proper dosage, chemical composition, and active ingredients.

1.4.12.5.- All weed killers and pesticides to be used must be included in the list of fertilizers, pesticides, and weed killers approved by the Department of State. This list is included in this SOW (Scope of Work).

1.4.12.6.- COST: All costs associated with these actions will be covered by the contractor.

1.4.12.7.- The Contractor shall apply weed killer every time is needed or at minimum once a year.

If weed killer is not required, the Contractor shall request a waiver in writing from the COR.

The Contractor shall maintain a program for controlling pests and plant diseases to maintain flowers, shrubs, vines, trees and other planted areas in a healthy and vigorous condition. The Contractor shall obtain approval of the COR for all pesticides.

The Contractor shall present a plan for pest and disease control as a part of its Grounds Maintenance Plan.

Contractor must perform the Pest Control against “CochiniIlla”, mealy bugs, woodlouse, fungus, “pulgon”, as well as any insects that affect the small trees, bushes, plants or grasses. Contractor must take into consideration that these pests are very common and aggressive in the Guayaquil area.

1.4.12.8.- COCHINEAL (“COCHINILLA- PULGON”) IN TALL SAMAN TREES.

This contract includes coverage for infestations of cochineal or aphids affecting the 15 saman trees. Ensure effective fumigation and pest control. Cochineal typically resides beneath the leaves of saman trees, necessitating precise methods and tools to address the issue at elevated heights.

1.4.12.9.- This contract does not include pest elimination using pesticides for cockroaches, fleas, ants, mosquitoes, rats, or termites. The control is not limited to the following pests; however, it does include the elimination of mealybugs (“cochinillas”), aphids (“pulgones”), leaf miners (“minadores de hojas”), grass fall armyworm (“gusano cogollero”), locust infestation on the grass (“plaga de langosta para el césped”), whitefly (“mosquilla blanca”), snails and slugs (“caracoles y babosas”), and cutworm (“gusano de suches”).

1.4.13.- PURCHASE OF TOPSOIL

It is the contractor's responsibility to provide topsoil, understanding the needs for its consumption and use. If the use of additional topsoil becomes necessary to replenish it due to the lowering of the soil level caused by irrigation, the contractor will be responsible for supplying it as required.

1.4.14.- HAZARDOUS AND TOXIC SUBSTANCES

It is the Contractor's responsibility to ensure the safe handling, application, removal, and environmentally sound disposal of all hazardous or potentially hazardous fertilizers, weed killers, and pest control products utilized in this requirement in accordance with current Ecuadorian environmental laws, SHEM guidelines and OSHA requirements.

1.4.15.- LOCATION FOR GARDENING SERVICES

All services are to be delivered on regular Post working days.

LOCATION ADDRESS

U.S. Consulate General Av. Rodriguez Bonin y Calle Santa Ana CG Residence Los Olivos II Mz D solar 5-6

2.0- WORKING HOURS

2.1.- All work shall be performed during normal weekdays of work, the Contractor shall deliver services between the hours of 7:45 AM and 5:15 PM Monday through Thursday, and between 7:45 AM and 1:15 PM on Friday except for the holidays. Other hours may be approved by the Contracting Officer's Representative. The Contractor must provide at least 72-hour advance notice to the COR who will consider any deviation from the hours identified above.

2.1- PEST CONTROL SCHEDULE

Pest control fumigations for plants must be carried out on weekends, either Saturday or Sunday, when no people are present in the Consulate's courtyards, as a precaution to avoid potential poisons. For this reason, the gardeners must come on those days. Overtime payment will be paid by the Contractor, theses costs should already be calculated in the proposal.

3.0 DELIVERABLES

The following items shall be delivered under this contract:

- General Deliverables

- Safety Deliverables

Description Quantity Delivery Date Deliver to Company complete Safety Plan

1 At least 2 weeks previous start of works

COR/APOSHO

Work plan detailing all activities to be performed

When required

At least 2 weeks previous start of works

COR/APOSHO

AHA per activity When required

At least 2 weeks previous start of works

COR/APOSHO

MSDS When required

At least 1-week previous start of works

COR/APOSHO

Pest Plan When required

At least 1-week previous start of works

COR/APOSHO

Critical Lift Plan When required

At least 2 weeks previous start of works

COR/APOSHO

List of PPE for personnel

When required

At least 2 weeks previous start of works

COR/APOSHO

Safety certifications (listed on point 1.3.9)

1 each At least 2 weeks previous start of works

COR/APOSHO

DESCRIPTION QUANTITY DELIVERY DATE DELIVER TO

INSURANCE 1 10 WORKING DAYS AFTER AWARD CONTRACTING OFFICER

GROUND MAINTENANCE PLAN 1 30 DAYS AFTER AWARD/ANNUAL THEREAFTER COR

LIST OF PERSONNEL 1 10 WORKING DAYS AFTER AWARD COR

TRANSITION PLAN 1 1 BUSINESS DAY AFTER AWARD COR

PAYMENT REQUEST/INVOICING 1 MONTHLY COR

CONTRACTOR QUALITY CONTROL

MANAGEMENT PLAN

1 WITH PROPOSAL, AS NEEDED COR

TOTAL AREAS

4. PERSONNEL REQUIREMENTS

4.1.1 GENERAL

The Contractor shall maintain discipline at the site and shall take all reasonable precautions to prevent any unlawful, riotous, or disorderly conduct by Contractor employees at the site. The Contractor shall preserve peace and protect persons and property on site. The COR will inform the Contractor of the standards of conduct required within the compound, and the Contractor shall communicate these instructions to its workers, ensuring they understand how to behave appropriately while on site. The Government reserves the right to direct the Contractor to remove an employee from the worksite 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.

4.1.2 WORKFORCE

The Contractor must have one (1) Supervisor plus a minimum of six (6) gardeners working in compound. All must have the Approved Certification to work in heights (on top of a lift, ladder or on scaffolds). At least one worker shall have a certificate for operating the lift.

All workers who will be working inside the Consulate Compound must be affiliated with the IESS (Instituto Ecuatoriano de Seguridad Social). If the worker is not affiliated to the Ecuadorian social security, the worker cannot be part of the project.

Each time an employee takes vacation, the Contractor must have a qualified backup to replace the vacationer. The contractor shall always have one supervisor and six working staff on the compound in performance of the contract.

4.1.3.- UNIFORMS

The Contractor's employees shall wear clean, neat, and complete uniforms when on duty, and are as needed to maintain the standard. Since the work is performed daily outdoors with direct exposure to the sun and other environmental factors such as soil, water, air, and plants, the uniforms experience greater wear and tear. The garments lose color and, as they get dirty daily, require more frequent cleaning.

The replacement of uniforms for the gardening staff is as needed to maintain the standard. Each set of uniforms consists of:

• pants

• steel-toe work boots,

• Rubber boots

• neck-covering caps with the company logo,

• polo shirts with the company logo,

• long-sleeved sweaters with the company logo.

• Rain gear

The uniforms will be provided by the Contractor.

4.1.4 PPE-PERSONAL PROTECTIVE EQUIPMENT

The contractor shall provide the proper clothing and certified PPE for head, face and eyes, body, feet, upper and lower extremities, respiratory and hearing protection as necessary and train on their use and storage.

PPE assignation depends on the activity to be performed and should meet or be equivalent to standards developed by the American National Standards Institute (ANSI). US Consulate Guayaquil will not provide or lend safety materials or PPE.

Contractor shall deliver the complete list of PPE for their workers to be approved by POSHO and Safety Program Coordinator PRIOR to the start of work.

4.1.5 TRANSPORTATION

Transportation is solely the responsibility of the contractor. The Consulate will not provide any transportation for the contractor, contractor tools, nor contractor waste and debris.

4.2 STANDARD OF CONDUCT

4.2.1 Neglect of duties shall not be condoned. The Contractor shall enforce no sleeping while on duty, unreasonable delays, or failures to carry out assigned tasks, conducting personal affairs during duty hours, and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

4.2.2 Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities, which interfere with normal and efficient Government operations.

4.2.3 Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

4.2.4.- Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:

• Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents.

• Unauthorized use of Government property, theft, vandalism, or immoral conduct.

• Unethical or improper use of official authority or credentials.

• Security violations

• Organizing or participating in gambling in any form inside compound.

4.3 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

The Contractor shall inform the COR of any actual or potential labor dispute that is delaying or threatening to delay the timely performance of this contract.

4.4 PERSONNEL SECURITY

4.4.1 After award of the contract, the Contractor shall provide list of personnel with data on each employee who will be working under the contract. The Contractor shall include a list of workers and supervisors assigned to this project. The Government will run background checks on these individuals. It is anticipated that security checks will take up to two months to perform.

The security office will send a form to the winning company; this will have to be filled for each employee that the company intends to hire under this contract.

For each individual the list shall include:

• Full Name

• Place and Date of Birth

• Current Address

• Identification number (cedula or passport)

4.4.2 After the background checks, the Government shall issue identity cards to Contractor personnel, if they are approved. These identity cards will provide access to the Compound and to the gardens of the CGR. Contractor personnel shall always display identity card(s) on the uniform while providing services under this contract. These applies to all the personnel, including replacement staff for vacationers. These identity cards are the property of the US Government.

The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual.

5.- MATERIALS, TOOLS AND EQUIPMENT

The Consulate will not provide materials, tools or equipment for the execution of the activities covered under this contract. Consequently, the contractor shall be solely responsible for acquiring, maintaining, and managing the tools necessary to fulfill their contractual obligations.

The Contractor shall provide all necessary gardening supplies and equipment, including rakes, bobcat or similar, lawn mowers, hoe, pitchfork, vehicle for transportation, pruning shears, fertilizers, and equipment and machinery fuel to perform the work identified in this Statement of Work. Use of US Government equipment is strictly prohibited except as expressly permitted in writing by the Contracting Officer.

The contractor shall provide a comprehensive list of all equipment, machinery and tools to be provided to his employees in order to carry out the contract. This list should make it clear that the contractor has the appropriate resources to execute the contract as intended by SOW and that all items identified here will be at the disposal of contract employees as necessary.

Contractor employees should not anticipate that any embassy resources will be made available to support the execution of this contract.

5.1.1.- Quality Standards:

Tools must be brand-recognized, new, and in good working conditions at the time of acquisition.

The contractor must ensure that the tools are suitable for professional gardening tasks and meet industry standards for durability and performance, good quality, sourced from recognized brands, and comply with technical standards and regulations.

Tools must be submitted to the COR and Safety Program Coordinator for review and approval prior to use.

5.1.2.- Maintenance and Replacement:

The contractor is responsible for the upkeep and maintenance of all tools to ensure their proper functionality throughout the duration of the contract.

If a tool becomes damaged, unusable, or unsafe, the contractor must promptly replace it at their own expense to avoid disruptions in service.

5.1.3.- Responsibility for Costs:

All costs associated with the acquisition, maintenance, and replacement of tools shall be borne exclusively by the contractor.

5.1.4.- By agreeing to these terms, the contractor commits to implementing all necessary measures to ensure the safe and efficient use of tools, maintaining high standards of quality and professionalism in the execution of the contract.

5.1.5.- The contractor will determine whether the equipment and tools to be used and may employ any tools necessary to complete the tasks effectively. The list of tools is not restrictive, and the contractor is encouraged to utilize any resources necessary to ensure the quality and efficiency of the work.

5.2.- FUEL

5.2.2.- The contractor has full responsibility for the acquisition, storage, and use of fuel required to carry out this contract. Contractor shall ensure that these activities are carried out in strict compliance with applicable safety regulations: SHEM, OSHA and EM 385-1-1: U.S. Army Corps of Engineers Safety and Health Requirements Manual.

5.2.3.- The contractor is required to store the fuel exclusively in containers that comply with safety standards and previously approved by the POSHO. Furthermore, the fuel must be "ECO-EXTRA" gasoline and used solely for gardening equipment related to this contract. Its use for any other purpose is strictly prohibited. The fuel shall be stored in the designated gardening area provided by the consulate.

5.2.4.- The contractor agrees to bear all associated costs and to implement the necessary measures to mitigate any risks related to the handling and storage of fuel.

6.- INSURANCE

6.1 AMOUNT OF INSURANCE

The Contractor shall provide all insurance legally required by local laws. The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

6.2 GENERAL LIABILITY

(includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury)

Bodily Injury stated in US Dollars: Covered by Contractor’s Insurance Property Damage stated in US Dollars: Covered by Contractor’s Insurance

6.3 The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be provided by law or sufficient to meet normal and customary claims.

6.4 For those Contractor employees assigned to this contract who are either United States citizens or direct hire in the United States or its possessions, the Contractor shall provide workers’ compensation insurance in accordance with FAR 52.228-3, or host country nationals that do not have a DOL waiver.

6.5 The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, employees, or any other person, arising from an incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from all claims arising, except in the instance of gross negligence on the part of the Government.

6.6 The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

6.7 Government as Additional Insured. The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State," as an additional insured with respect to operations performed under this contract.

6.8 Time for Submission of Evidence of Insurance.

The contractor must include in their offer evidence or proposals demonstrating that they have identified or communicated with the company that will provide the required insurance and DBA insurance, ensuring it can be purchased promptly in the event they are awarded the contract.

Failure to include this evidence in the offer may result in disqualification.

7.- LAWS AND REGULATIONS

7.1 Without additional expenses to the Government, the Contractor shall comply with all laws, codes, ordinances, and regulations required to perform this work. If there is a conflict between the contract and requirements of local law, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

7.2 The Contractor shall comply with all local labor laws, regulations, customs, and practices pertaining to labor, safety, and similar matters, unless they are inconsistent with the requirements of this contract.

7.3 The Contractor shall comply with POSHO regulation in terms of safety. OSHA and EM 385-1-1: U.S. Army Corps of Engineers Safety and Health Requirements Manual.

TRANSITION PLAN

The Contracting Officer shall develop a Transition Plan in preparation of assuming responsibilities from the current Contractor for gardening and landscaping services. The plan shall establish the projected period for completion of all clearances of contractor personnel, and the projected start date for performance of all services required under this contract. The plan shall assign priority to the selection of the supervisor to be used under the contract. The Transition Plan is to be submitted in draft form to the COR one business day after receipt of the award notification letter.

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract goals are achieved.

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

STANDARD. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions-Commercial Items), if any of the services exceed the standard.

PROCEDURES

(1) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

(2) The COR will complete appropriate documentation to record the complaint.

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

(4) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

(5) COR shall, as a minimum, orally notify the Contractor of any valid complaints.

(6) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

(7) The COR will consider complaints as resolved unless notified otherwise by the complainant.

(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, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

8.- ACCIDENT PREVENTION

The Contractor shall provide and maintain work environments and procedures that will:

• safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to contractor operations and activities.

• avoid interruptions of Government operations and delays in project completion dates;

and

• control costs in the performance of this contract.

B. Records. The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in:

(1) death,

(2) traumatic injury,

(3) occupational disease, or

(4) damage to or theft or loss of property, materials, supplies, or equipment.

The Contractor shall report this data as directed by the Contracting Officer.

C. Subcontracts. The Contractor shall be responsible for its subcontractors’ compliance with this clause.

9.- SAFETY

The Contractor shall be responsible for oversight all safety aspects.

The US Government reserves the right to inspect the Contractor's work at any time to assure compliance with safety procedures. Should the Contractor violate any safety procedures or requirements, US Government reserves the right to issue a stop work order. The stop work order shall remain in effect until such time as the Contractor has resolved the violation. Responsibility for the stop work order shall rest solely with the Contractor with no cost or schedule impact to US Government.

9.1 Safety Documentation

Before starting the job, The Contractor must submit the following documents to the COR:

SAFETY PLAN

The contractor’s general safety plan should outline the scope of work and indicate the company’s safety policies and practices to abord work related hazards and associated risks throughout the project. It should also establish the procedure in case of an emergency. The safety plan is valid for the length of the project. Submit at least 10 days in advance.

WORK PLAN

The contractor shall submit a detailed work plan for each task to be performed under this contract. In the case of high-risk activities, work plan must be accompanied by the proper permit and verification checklist. Consulate will provide high risk work permit formats as needed. Submit at least 10 days in advance.

ACTIVITY HAZARD ANALYSIS (AHA)

The contractor shall visit the site to develop a Activity Hazard Analysis (AHA) for all tasks listed on the work plan in a timely manner. An AHA is required to be submitted when activities change, and contractors are responsible for including all activities involved in the project. Submit at least 10 days in advance.

MSDS (Material Safety Data Sheet) The Contractor shall submit Safety Data Sheets (SDS’s) of all chemical products involved in the project. Failure to adhere to the approved AHA may be cause for immediate cessation of all work until the situation is corrected. Submit at least 1 week in advance.

PEST PLAN

Contractor shall submit a pest plan prior to any pesticide, herbicide, fertilizer or chemical application to be reviewed and approved by POSHO. Submit at least 1 week in advance.

All safety documents shall be reviewed and approved by Post Occupational Safety and Health Officer (POSHO) approval prior to any work beginning.

9.2 The Contractor shall report all accidents resulting in lost time, disabling, fatal injuries or contamination to the COR within 24 hours of occurrence.

9.3 Contractors must comply with all U.S. Safety Regulations stablished in but not limited to the following: US Army Corps of Engineers EM 385-1-1 (Safety and health requirements manual), OSHA Standards as well as other inherent safety, health and environmental standards (i.e.

NFPA 70E, EPA, etc.) and applicable local regulations. The most stringent control will apply.

9.4 Contractors must read and instruct their workers on safety procedures applicable to this project. All the Certificate’s information must be included when they send the offer.

9.5 For high-risk activities Safety Officer is required to be on site and will be responsible for supervising all safety requirements and standards that are met. The Safety officer is a qualified person (as per established at US Army Corps of Engineers EM 385-1-1) and is different from the project supervisor.

9.6 A violation of any safety regulation or standard would imply immediate interruption of the job and/or the temporal suspension of activities depending on the severity of the infringement.

10.- RESPONSABILITY AND CONTRACT ADMINISTRATION

A COR (Contractor Officer Representative) will be assigned to ensure quality assurance goals are met.

The COR shall be the main point of contact for this Project. The Contractor shall report to the COR on (a) status of the Project, (b) changes in Schedule, (c) accidents and safety issues, (d) disruptions to utility services; and all other important information pertaining to the Project.

The Contractor shall not conduct any work that is beyond this SOW and accompanying requirements unless directed in writing by the Contracting Officer (CO). Any work done by the Contractor beyond this SOW and accompanying specifications without written direction from the CO will be at the Contractor’s own risk and at no cost to the Embassy.

The Contracting Officer shall provide a Notice to Proceed (NTP) to the Contractor. No work shall be initiated until the NTP is issued by the CO.

The Consulate’s review, approval, or acceptance of, no payment for the services required under this contract shall be construed as a waiver of any rights under this contract or any cause of action against the Contractor arising out of the performance of this contract.

The Consulate reserves the right to inspect all services called for by the contract, to the extent practicable at any time and place during the term of the contract.