19ES6021Q0001.pdf

PDF 11 MB Posted

Attached to
Gardening Services for the American Embassy San Salvador
Solicitation number
19ES6021Q0001
Issued by

View the file

Other files

File Type Posted
Questions and Answers from Vendors.pdf PDF

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

To: Prospective Quoters

American Embassy San Salvador March 05, 2021

Subject: Request for Quotation reference 19ES6021Q0001

Enclosed is a Request for Quotations (RFQ) for Gardening Services for the American Embassy San Salvador Compound. 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 in PDF format to cotoab@state.gov.

A site visit will be conducted followed by a pre-proposal conference.

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.

In order for a quotation to be considered, you must also complete and submit the following:

SF-1449 (blocks 17, 24 and 30). Block 24 should list the total value of the quote for the base year and four option years.

Section 1, The Schedule Section 5, Representations and Certifications Additional Information as required in Section 3.

If you are from a country with an international agreement or tax treaty with the United States, please ensure 52.229-11 is completed and W-14 is submitted with your offer.

Direct any questions regarding this solicitation in writing no later than COB April 22, 2021, to Kimberly McConnell, Contracting Officer, a/o Beatriz Coto, Contracting Specialist; questions must be written in English and may be sent to the email cotoab@state.gov. The deadline for receipt quotations is 4:00pm local time, on June 18, 2021. No quotations will be accepted after this time.

All contractors must register in the System for Award Management (SAM) database (www.sam.gov) prior to submitting a quotation pursuant to FAR 52.204-7.

Enclosure

Sincerely, Kimberly McConnell Contracting Officer

1. REQUISITION NUMBER PAGE 2 OF 73

SOLICITATION FOR COMMERCIAL ITEMS /OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 PR9762290

2. CONTRACT NO. 3. AWARD/ EFFECTIVE DATE 14. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION lSSUE DATE

19ES6021Q0001 03/05/2021

7. FOR SOLICITATION a.NAME b. TELEPHONE NUMBER 8. O0FFER DUE DATE/LOCAL

INFORMATION CALL: • Ana Beabiz Coto, GSO Procurement (No collect calls) TIME ~~b(a)sta~,gQll 503-2501 ·2808 06/ 18/2021 @ 4.00 PM

9. ISSUED BY I 10. THIS ACQUISITION IS X UNRESTRICTED OR 0 SET ASIDE: __ % FOR:

American Embassy San Salvador D SMALL BUSINESS 0 WOMEN-OWNED SMALL BUSINESS

Boulevard Santa Elena D HUBZONE SMALL 0 (WOSB) EWGIBLE UNDER THE WOMEN-OWNED Antlguo Cuscatlan, La Libertad BUSINESS SMALL BUSINESS PROGRAM NAICS:

El Salvador

D SERVICE-DISABLED 0 EDWOSB

VETERAN-OWNED

SMALL BUSINESS 0 8(A) SIZE STANDARD:

11. DELIVERY FOR FOB 12. DISCOUNT TERMS D 13a. nus CONTRACT lS A 13b. RATING

DESTINATION UNLESS BLOO< IS RATED ORDER UNDER

MARKED OPAS ( 15 CFR 700) 14. METHOD OF SOLICITATION

18] SEE SCHEDULE X RFQ D IFB ORFP

15. DELIVER TO CODE I 16. ADMINISTERED BY CODE I

American Embassy San Salvador Kimberly Mcconnell, Contracting Officer Boulevard Santa Elena, Antiguo Cuscatlan, La Llbertad, El Salvador cotoab@::.tl!~.gQl£

17a. Contractor/Offeror CODE I I FACTUTY I 18a. PAYMENT WILL BE MADE BY CODE I

CODE

American Embassy San Salvador

Financial Management Office

017b. CHECK IF REMITTANCE IS DIFFERENT ANO PUT SUCH 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOO<

ADDRESS IN OFFER BELOW IS CHECKED 0 SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/ SERVICES QUANTITY UNIT UNIT PRlCE AMOUNT

GARDENING SERVICES- SEE ATTACHED

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

X 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212·3 ANO 52.212·5 ARE ATTACHED. X ARE OARE NOT ATTACHED

ADDENDA

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

0 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND E·MAIL TO

cotoab@state,goy. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE lDENTIFIEO ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPEOFlED

HEREIN.

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND IDLE OF SIGNER {Type or print}

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED

Computer Generated

X 29. AWARD OF CONTRACT: REF. _ _ Yoor __ OFFER DATED _ _ .

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS

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

ITEMS:

31b. NAME OF CONTRACTING OFFICER (Type or prmt} Kimberly McDonnell

31c. DATE SIGNED 03/05/2020

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA · FAR (48 CFR) 53.212

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 1449 cover sheet

• Continuation To SF-1449, RFQ Reference 19ES6021Q0001, Prices, Block 23

• Continuation To SF-1449, RFQ Reference 19ES6021Q0001, 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

• Representations and Certifications

• Addendum to Offerer Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12

1. SCOPE OF CONTRACT

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ REFERENCE 19ES6021Q0001

PRICES, BLOCK 23

The Contractor shall perform gardening services, including furnishing all labor, material, equipment and services, for the U.S. Government at the American Embassy San Salvador Compound. 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 standard services that have been satisfactorily performed.

After contract award and submission of acceptable insurance certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten (10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start.

The performance period of this contract is from the start date in the Notice to Proceed and continuing for 12 months, with four years options to renew. The initial period of performance includes any transition period authorized under the contract.

Temporary Additional Services are services that are defined as Standard Services but are required at times other than the normal workday. These services shall support special events at the Post. The Contractor shall provide Temporary Additional Services in addition to the scheduled services specified in this contract. The COR shall order Temporary Additional Services on an as needed basis. This work shall be performed by Contractor trained employees and shall not be subcontracted. The COR may require the Contractor to provide Temporary Additional Services with 24-hour advance notice.

Because Temporary/Additional Services are based on indefinite delivery/indefinite quantity, the minimum and maximum amounts are defined below:

Minimum: The Government shall place orders totaling a minimum of 50 square meters. This reflects the contract minimum for the base year and option period.

Maximum: The amount of all orders shall not exceed 1000 square meters. This reflects the contract maximum for the base year and each option period for temporary/additional services.

The Contractor shall include in its next regular invoice details of the Temporary Additional Services, if applicable, provided and requested under Temporary Additional Services. The Contractor shall also include a copy of the COR's written confirmation for the Temporary Additional Services.

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. S000C.

2.0. PRICING

2.1. VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CUN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

2.2. BASE PERIOD

1. Base Year Firm-Fixed Price for Standard Services for this Contract:

la. Price per Month* x 12 months **Price per Year

2. Base Year Firm-Fixed Price for Temporary Additional Services for this Contract:

2a. Price per Square Meter* *

2b. Estimated Number of Sauare Meters for Base Year 1000 Total Temporary Additional Services Not to Exceed (NTE)

2c. Price for Base Year (Total = items 2a x 2b) **

3. Base Year Total for All Services (Total = items la +2c) **

2.3. FIRST OPTION YEAR PRICES

1. Option Year 1 Firm-Fixed Price for Standard Services for this Contract:

la. Price per Month* x 12 months **Price per Year

2. Option Year 1 Unit Firm-Fixed Price for Temporary Additional Services for this Contract:

2a. Price per Square Meter* * 2b. Estimated Number of Sauare Meters for Option Year 1 1000

Total Temporary Additional Services Not to Exceed (NTE) 2c. Price for Option Year 1 (Total = items 2a x 2b) **

3. Option Year 1 Total for All Services (Total = items la +2c) **

2.4. SECOND OPTION YEAR PRICES

1. Option Year 2 Firm-Fixed Price for Standard Services for this Contract:

la. Price per Month* x 12 months * * Price per Year

2. Option Year 2 Unit Firm-Fixed Price for Temporary Additional Services for this Contract:

2a. Price per Square Meter* *

2b. Estimated Number of Square Meters for Option Year 2 1000 Total Temporary Additional Services Not to Exceed (NTE)

2c. Price for Option Year 2 (Total = items 2a x 2b) **

3. Option Year 2 Total for All Services (Total = items la +2c) * *

2.5. THIRD OPTION YEAR PRICES

1. Option Year 3 Firm-Fixed Price for Standard Services for this Contract:

la. Price per Month* x 12 months **Price per Year

2. Option Year 3 Unit Firm-Fixed Price for Temporary Additional Services for this Contract:

2a. Price per Square Meter* *

2b. Estimated Number of Square Meters for Option Year 3 1000 Total Temporary Additional Services Not to Exceed (NTE)

2c. Price for Option Year 3 (Total = items 2a x 2b) **

3. Option Year 3 Total for All Services (Total = items la +2c) * *

2.6. FOURTH OPTION YEAR PRICES

1. Option Year 4 Firm-Fixed Price for Standard Services for this Contract:

la. Price per Month* x 12 months * * Price per Year

2. Option Year 4 Unit Firm-Fixed Price for Temporary Additional Services for this Contract:

2a. Price per Square Meter* *

2b. Estimated Number of Square Meters for Option Year 4 1000 Total Temporary Additional Services Not to Exceed (NTE)

2c. Price for Option Year 4 (Total = items 2a x 2b) * *

3. Option Year 4 Total for All Services (Total = items la +2c) **

2.7. GRAND TOTAL

Base Year

First Ootion Year

Second Option Year

Third Ootion Year

Fourth Option Year

Grand Total - Base plus All Ootion Years

*[Offeror/Bidder: Insert price] **[Offeror/Bidder: Insert total price]

CONTINUATION TO SF-1449

RFQ REFERENCE 19ES6021Q0001

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

1. PERFORMANCE WORK STATEMENT

The purpose of this contract is to obtain gardening services for real property owned or managed by the U.S. Government at the American Embassy San Salvador. The Contractor shall perform gardening services in all designated spaces.

1.2. GENERAL REQUIREMENTS

Maintenance and appearance 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 appearance of the landscape covered by this contract. The Contractor shall perform complete gardening and landscape maintenance services as described in this contract for all Government properties listed in 1.13. 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 meet all of the standards of performance identified in the contract.

The Contractor shall perform all related support functions such as supply, subcontracting, quality control, financial oversight, and maintenance of complete records and files.

1.3. MANAGEMENT AND SUPERVISION

1.3.1. SUPERVISION. The Contractor shall designate a representative who shall be responsible for on-site supervision of the Contractor's workforce at all times. This supervisor shall be the focal point for the Contractor and shall be 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 shall 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 standard services between the hours of 7.00am and 5.00pm, from Monday through Friday. For those items other than routine daily services, the Contractor shall provide the COR with a detailed plan as to the personnel to be used and the time frame to perform the service.

1.3.3. QUALITY CONTROL. The Contractor shall be responsible for quality control. The Contractor shall perform inspection visits to the work site on a regular basis. The Contractor shall coordinate these visits with the COR. These visits shall be surprise inspections to those working on the contract.

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 give technical guidance to the Contractor's work force and to develop and guide the Contractor's programs for lawn and tree care.

1.3.5. GARDENING SERVICES MAINTENANCE PLAN. The Contractor shall submit an annual Gardening Services Plan that reflects the proposed frequency for meeting the requirements of this contract. The Gardening Services Plan will be developed to fit the requirements of local conditions, types of vegetation, and climate factors. The Contractor shall submit the Gardening Services Plan to the COR for approval within 30 days after contract award.

1.4. LAWN CARE

1.4.1. GRASS CUTTING. The Contractor shall maintain the height of grass between 4 and 6 centimeters. The Contractor is responsible for all equipment and fuels 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.

1.4.3. 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.

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 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.

1.4.5. TURF 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.

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

1.5. PRUNING

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

1.5.2. The Contractor shall prepare a written schedule, as part of the Gardening Services Plan, showing the method, frequencies, and dates of pruning.

1.5.3. The Contractor shall prune all shrubs, vines, bushes, ground cover, and trees to:

direct and encourage plant growth in directions desired, remove dead and unsightly growth, and maintain a neat and attractive appearance.

The Contractor shall prune according to the schedule in the Gardening Services 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 maintain proper shape at all times.

1.5.4. 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.

1.5.5 At no additional cost to the Government, the Contractor shall plant flowers and herb plants provided by the tenant of the designated house. Contractor is not responsible for detailed pruning and collection of herbs but will water plants and flowers accordingly.

1.6. LEAF REMOVAL. The Contractor shall, on a monthly basis, remove leaves and pine needles from the properties listed in Exhibit A and on a weekly basis.

1.7. RECYCLED MATERIALS. The Contractor shall promote recycled uses for lawn and tree debris in meeting other gardening needs, such as mulch and compost.

1.8 REMOVAL OF DEBRIS.

1.8.1. 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 Contractor shall promptly remove collected debris to an authorized disposal site. The Contractor is responsible for all expenses incurred in the collection and disposal of debris.

1.8.2 The Contractor shall maintain the green house in a clean and orderly fashion. Shall not have bags of debris piled up. Any broken pots/ containers shall be disposed of properly. Shall not have more plants around the green house than it can hold.

1.9. WATERING

1.9.1. The Contractor shall water lawns, flowers, shrubs, and trees to provide for moisture penetration to a depth of 7 centimeters. If natural precipitation is sufficient to fulfill this requirement, the Contractor may request the COR's permission to suspend watering to avoid too much water in the soil.

1.9.2. The Contractor shall present the method, frequencies, and dates of watering in a written schedule in the Gardening Services Plan. The schedule shall take into account the kinds of vegetation, local soil conditions, and the seasonal variations in plant moisture requirements.

1.9.3. The Government shall furnish the supply of water.

1.10. FERTILIZER

1.10.1. The Contractor shall fertilize and lime 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.

1.10.2. The Contractor shall present the method of application, fertilizer type, frequencies, and dates of fertilizing and liming in the Gardening Services Plan.

1.10.3. The Contractor shall fertilize the lawn areas a minimum of two times per year.

1.10.4. The Contractor shall apply weed killer once a year. If weed killer is not required, the Contractor shall request a waiver in writing from the COR.

1.10.5. The Contractor shall fertilize trees, shrubs, bushes, hedges and plants a minimum of once a year.

1.11 PEST AND DISEASE CONTROL. The Contractor shall maintain a program for controlling pests and plant disease so as 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 Gardening Services Plan.

1.12. 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.

1.13. LOCATION FOR GARDENING SERVICES

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

Location American Embassy

Landscape

Ambassador's Residence Landscape

DCM's Residence Lawn Area Flowerbeds

Address Final Blvd. Santa Elena, Antigua Cuscatlan, La Libertad, El Salvador 572,998.18 Sq. Ft.

69,211.88 Sq. Ft.

Ave. La Capilla, Col. San Benito, San Salvador, El Salvador 1,857.00 Sq. Ft.

291.00 Sq. Ft.

2. WORKING HOURS

All work shall be performed during 7.00am and 5.00pm, Monday thru Friday except for the holidays identified in the Addendum in Section 2. Other hours may be approved by the Contracting Officer's Representative. The Contractor must provide at least 24-hour advance notice to the COR who will consider any deviation from the hours identified above.

3. DELIVERABLES

The following items shall be delivered under this contract:

DESCRIPTION QUANTITY DELIVERY DATE DELIVER TO:

Insurance 1 10 days after award Contracting Officer

Gardening Services Plan 1 initial plan 30 days after award and annually thereafter COR

DESCRIPTION QUANTITY DELIVERY DATE DELIVER TO:

List of Personnel 1 10 days after award and as required when a change in personnel occurs COR

Transition Plan 1 10 days after award COR

Payment Request 1 monthly COR

4. PERSONNEL REQUIREMENTS

4.1. 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 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 costs to the Government.

4.2. STANDARD OF CONDUCT

4.2.1. Uniforms and Personal Equipment. The Contractor's employees shall wear clean, neat and complete uniforms when on duty. All employees shall wear uniforms approved by the Contracting Officer's Representative (COR).

4.2.2. 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.

4.2.3. 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.

4.2.4. 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.

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 or records;

Unauthorized use of Government property, theft, vandalism, or immoral conduct;

Unethical or improper use of official authority or credentials;

Security violations; or, Organizing or participating in gambling in any form.

4.2.6. KEY CONTROL. The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., for the purposes of this contract. The Contractor shall not duplicate keys without the COR's approval. Where it is determined that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from this contract. If the Contractor has lost any such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimburse the Government for the cost of rekeying that portion of the system.

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 the following list of 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 approximately 30 calendar days to perform.

For each individual the list shall include:

Full Name Place and Date of Birth Current Address Identification number (DUI) RSO form dully filled and signed Police certificate (Solvencia policial) Judicial certificate (solvencia de antecedentes penales)

4.4.2. Government shall issue identity cards to Contractor personnel, after they are approved.

Contractor personnel shall display identity card(s) on the uniform at all times while providing services under this contract. 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 AND EQUIPMENT

The Government shall provide all necessary gardening supplies and equipment, including rakes, lawn mowers, hoe, pitchfork, pruning sheers, fertilizers to perform the work identified in Attachment A.

6. INSURANCE

6.1. AMOUNT OF INSURANCE. The Contractor is required to provide whatever insurance is legally necessary. 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)

1. Bodily Injury stated in US Dollars:

Per Occurrence Cumulative

$ 500.00 $3,000.00

2. Property Damage stated in US Dollars:

Per Occurrence Cumulative

$ 1,000.00 $ 6,000.00

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 as 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 any and 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 shall provide evidence of the insurance required under this contract within ten (10) days after contract award. The Government may rescind or terminate the contract if the Contractor fails to timely submit insurance certificates identified above.

7. LAWS AND REGULATIONS

7.1. Without additional expense 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.

8. TRANSmON PLAN

Within 10 days after contract award, the Contracting Officer may ask the Contractor to develop a plan for preparing the new Contractor to assume all responsibilities for gardening 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 all supervisors to be used under the contract.

(a) QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

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

Performance Objective Scooe of Work Performance Threshold Services.

Performs all gardening services 1. thru 8. All required services are performed and no set forth in the scope of work. more than one (1) customer complaint is received per month.

Formal inspection of work once 1. thru 8. Shall not fail more than one (1) inspection a month consecutively.

(b) 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.

(c) 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.

( d) 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) The 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.

ATTACHMENT 1

GOVERNMENT FURNISHED PROPERTY

The Government shall make the following property available to the Contractor as "Government furnished property" for performance under the contract:

a. Water

b. Electricity

c. Gasoline and oils for fuel power equipment

d. Leaf applied insecticides:

Name Sistemin Perfektion Thiodan Monarca Volaton Decis Mitac Muralla

e. Leaf applied fungicides:

Cupravit Previcur Phyton Sereno Merpan Acrobat Elosal Flint

f. Herbicides:

Gramoxone Hedonal

Color yellow yellow yellow yellow green yellow yellow yellow blue green blue green blue green green green yellow yellow

Atrazina green Batalla green Tordon green

g. Ground Fertilizers distributed by Unifersa:

Amonium Sulfate Formula 15-15-15 Blaukor Urea 46% Color code:

red-highly toxic (not allowed) Yellow-moderately toxic Dangerous green-slightly toxic

h. Pots and drain dishes

i. Potted plants

j. Hoses and sprinklers

k. Power and manual edgers

Manufacturer Bayer Basf Bayer Bayer Bayer Bayer Bayer Bayer

Bayer Bayer Marketing Arm International Inc.

Bayer Bayer Basf Aventis Corp.

Bayer

Syngenta Bayer Bayer Bayer Dow

I. Iron and lawn rakes, brooms, hoses, edgers, shovels, picks, pruning shears, hedge shears, step ladders

m. Three gasoline lawn mowers 3.75HP

n. Two gasoline lawn mowers S.0HP

o. Two leaf blowers

p. Four edge trimmer

q. One John Deere LT 160 tractor

r. One John Deere X734

s. One John Deere GS30 walk behind mower

t. One John Deere 1420 S II tractor

u. Six wheelbarrows

v. Two shovels

w. Four picks

x. Two branch trimmer shears, three pruning shears, twelve small pruning shears

y. Ten garden rakes

z. Five fumigating pumps

aa. Sixty-three heavy duty garden hose

bb. Twenty-seven perforated strip hoses

cc. Twenty-five-yard sprinklers

dd. Two hoe "azadones"

ee. One aluminum wheelbarrow

ff. Eleven " cumas"

gg. Six small shovels

hh. One gasoline wood shredder

ii. One scaffolding

ATTACHMENT 2

CONTRACTOR FURNISHED PROPERTY

The Contractor shall provide for each employee and supervisor, uniforms, and personal equipment annually (12 months) for performance under the contract, as detailed below:

Shirts, 5 each Trousers/ pants, 5 each Socks, 5 pairs Safety boots, 2 pair Cloth company patch 5 each (attached to each shirt) Name tag, hard plastic type to be pinned to shirt, 1 each Raincoat (poncho type) during the rainy season, 2 each Hat, 2 each Rain boots, 1 pair each Work gloves - 1 pair of leather or flex grip (to be replaced when worn out)

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDIDONS - COMMERCIAL ITEMS (OCT 2018) AND

(DEVIATION 2017-02) (JUNE 2017), is incorporated by reference (see SF-1449, Block 27A)

52.212-5 CONTRACT TERMS AND CONDffiONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS

COMMERCIAL ITEMS (JAN 2021)

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

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

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

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

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

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

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

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

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

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 u.s.c. 3509)).

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

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

_ (5) [Reserved].

_ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

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

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

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

_ (10) [Reserved].

_ (11)

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

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

_ (12)

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

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

_ (13) [Reserved]

_ (14)

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

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

_ (15)

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

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

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

_ (17)

Concerns (OCT

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

_ (ii) Alternate I (Nov 2016) of 52.219-9.

_ (iii) Alternate II(Nov 2016) of 52.219-9.

_ (iv) Alternate III (JuN 2020) of 52.219-9.

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

_ (18)

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

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

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

_x_ (20) 52.219-16, 1999) (15 U.S.C. 637(d)(4)(F)(i)).

Liquidated Damages-Subcontracting Plan (JAN

_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set Aside (MAR 2020) (15 u.s.c. 657f) .

_ (22)

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

Business Program Rerepresentation (Nov

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

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

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

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

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

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

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

and

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

_(30)

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

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

_ (31)

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

_ (ii) Alternate I (JuL 2014) of 52.222-35.

_ (32)

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

_ (ii) Alternate I (JuL 2014) of 52.222-36.

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

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

_x_ (35)

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

_ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

_ (37)

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

_ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

_ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

_(40)

(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.

_ (41)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JuN 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Jun2014) of 52.223-14.

_ ( 42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

_ {43)

(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_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

_ ( 45) 52.223-20, Aerosols (JuN 2016) (E.O. 13693).

_ ( 46) 52.223-21, Foams (Jun2016) (E.O. 13693).

_ (47)

(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

_ (ii) Alternate I (JAN 2017) of 52.224-3.

_ (48) 52.225-1, Buy American-Supplies (JAN 2021) (41 U.S.C. chapter 83).

_ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41 U.S.C.chapter83, 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.

_x_ (50) 52.225-5, seq., 19 U.S.C. 3301 note).

Trade Agreements (Ocr 2019) (19 U.S.C. 2501, et

_X_ (51) 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).

_ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

_ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) ( 42 u.s.c. 5150).

_ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

_X_ (55) 52.229-12, Tax on Certain Foreign Procurements (JuN 2020).

_X_ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 u.s.c. 4505, 10 u.s.c. 2307{f)).

_ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 u.s.c. 4505, 10 u.s.c. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Ocr2018) (31 U.S.C. 3332).

_ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 u.s.c. 3332).

_ (61) 52.239-1, Privacy or Security Safeguards (AuG 1996) (5 U.S.C. 552a).

_ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

_ (63)

(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.

_ (iii) Alternate II (FEB 2006) 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) 52.222-41, Service Contract Labor Standards {AuG 2018) (41 U.S.C. chapter67).

_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AuG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ ( 4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

_ (5) 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).

_ (6) 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).

_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 u.s.c. 1792).

( 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, as defined in FAR 2.101, on the date of award of this contract, 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)(l) 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 (JuN 2020) (41 u.s.c. 3509).

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

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

L. 115-91).

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

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .