19GE5021R0001 - Bucharest gardening and snow removal services.pdf

SOLICITATION

DOCUMENT

Project Description:

Gardening and snow removal services

Bucharest, Romania

Solicitation No. 19GE50-21-R-0001

U.S. Consulate General Regional Procurement Support Office

Giessener Strasse 30 60435 Frankfurt am Main, Germany

19GE5021R0001

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5021R0001

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

01/11/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Andra Balta

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL BaltaA@state.gov

8. OFFER DUE DATE / LOCAL

TIME

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, GERMANY

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 561730

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE FRANK16. ADMINISTERED BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, GERMANY

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/

OFFEROR

FRANKCODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY BUCHAREST

4-6 Dr Liviu Librescu Blvd

ATTN: FMO

BUCHAREST, ROMANIA 015118

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

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 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Eric N. Moore

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

CGFS : : CGFS

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Line Item Summary

Solicitation Number:

19GE5021R0001

Contract Number: Title: Bucharest Gardening and snow removal services

Date of Solicitation:

01/11/2021

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 BASE YEAR:

CLINS 0001 - 0009

Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

1.00 LT

002 FIRST OPTION YEAR:

CLINS 1001 - 1009

Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

1.00 LT

003 SECOND OPTION YEAR:

CLINS 2001 - 2009

Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

1.00 LT

004 THIRD OPTION YEAR:

CLINS 3001 - 3009

Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

1.00 LT

005 FOURTH OPTION YEAR:

CLINS 4001 - 4009

Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

1.00 LT

Section A - Solicitation/Contract Form Identifier Title Date Number of

Pages 1 ATTACHMENT I .pdf 01/07/2021 2 2 ATTACHMENT II .pdf 01/07/2021 3 3 Attachment III - PastPerfQuestionnaire.pdf 01/08/2021 3 4 Attachment IV - Information - Experience List.pdf 01/08/2021 3

52.252-2 - Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:

http://acquisition.gov/far/index.html or, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.state.gov to see the links to the FAR. You may also use an Internet “search engine” to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation clauses are incorporated by reference:

Clause Title and Date

(listed on the following page)

Clause Title Fill-ins

Clause Title Fill-ins

52.203-3 Gratuities (Apr 1984)

52.203-12 Limitation On Payments to Influence Certain Federal Transactions (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (Jun 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May

2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun

2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.229-6 Taxes-Foreign Fixed-Price Contracts (Feb 2013)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

2 - PRICES

2.1. GENERAL IINFORMATION

2.1.1. Standard Services shall be ordered, Seasonal and Temporary additional services may be ordered if required and if funding is available. For Seasonal and Temporary additional services contractors will only be payed for services rendered. These services shall not exceed 24 days of snow removal services per year and 4 Temporary additional services per year. In the case of Temporary additional services, the total cost shall not exceed the equivalent of 4,000.00 USD per year, adjusted for inflation for the following option years. Should it be necessary for more Seasonal and Temporary additional services, the contract will be modified to include the increase in services rendered and the Contractor will be reimbursed accordingly.

2.1.2. The price listed below shall include all labor, materials, equipment, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The only reimbursable items shall be Valued Added Tax (VAT, where applicable) (or other applicable taxes) and DBA insurance (if applicable).

2.2. VALUE ADDED TAX

2.2.1. Where applicable, the Contractor shall be responsible for paying to the appropriate authority, the applicable rate of Value Added Tax (VAT). Offerors shall identify Value Added Tax (VAT) as a separate line item. The VAT shall also be reflected as a separate cost item on all invoices submitted under the resulting contract. The Contractor will be reimbursed for VAT only to the extent contractor provides documentary proof that VAT has been paid to the host government up to the VAT amount included in this contract. Any refund of VAT to the contractor shall be paid over to the Government to the extent the Government reimbursed the contractor for the VAT payment.

2.3. DEFENSE BASE ACT INSURANCE (DBA)

2.3.1 DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any construction and services for U. S. overseas contracts over US $3,500.00. DBA insurance is also required for all Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas unless waved by the Department of Labor (DOL). Only the countries listed currently on the DOL’s Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs). See website for country waivers:

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm

2.3.2. The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered under the DBA.

2.3.3. The DBA insurance may be obtained from any authorized DBA insurance broker, see FAR52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR1984). New DBA insurances policies can be purchased directly from any DOL approved insurance carrier. A list of DOL approved carriers may be found athttp://www.dol.gov/owcp/dlhwc/ lscarrier.htm.

2.3.4. The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in the Pricing Schedule.

2.3.5. DBA insurance cost will be evaluated as part of the total evaluated fixed price and included in the fixed price of the contract.

Where DBA is applicable, the Contractor will be required to provide evidence of insurance (certification of coverage and a paid invoice) within 15 calendar days from the date of award.

2.3.6. Due to the fact that Romania is on the DOL’s active waiver list, DBA insurance is not required for all personnel performing under this contract through the period May 29, 2022. DBA may become necessary after this period in case the waiver will not be extended beyond May 29, 2022.

2.4. PRICE SCHEDULE

2.4.1. BASE YEAR

2.4.1.1. STANDARD SERVICES

CLIN Description Unit of Measure Unit Price Quantity Total Annual Price 0001 Gardening services for the Chief of Mission Residence

(CMR)

Month 12

0002 Gardening services for the New Embassy Compound (NEC)

Month 12

0003 DBA Insurance -ifapplicable

Lot 1

0004 VAT– where applicable

Lot 19% 1

Total Standard Services Base Year

2.4.1.2. SEASONAL AND TEMPORARY ADDITIONAL SERVICES

CLIN Description Unit of Measure Unit Price Quantity Total Annual Price 0005 Snow removal services for the Chief of Mission Residence

(CMR)

Day 24

0006 Snow removal services for the New Embassy Compound

(NEC)

Day 24

0007 Snow removal services for USG property, Uruguay Str.

Day 24

0008 Temporary additional standard services

Each ---------------- 4 $4,000.00(or local currency equivalent)

0009 VAT– where applicable

Lot 19% 1

Total Seasonal and temporary additional services Base Year

2.4.2. FIRST OPTION YEAR

2.4.2.1. STANDARD SERVICES

CLIN Description Unit of Measure Unit Price Quantity Total Annual Price 1001 Gardening services for the Chief of Mission Residence

(CMR)

Month 12

1002 Gardening services for the New Embassy Compound (NEC)

Month 12

1003 DBA Insurance -ifapplicable

Lot 1

1004 VAT– where applicable

Total Standard Services First Option Year

2.4.2.2. SEASONAL AND TEMPORARY ADDITIONAL SERVICES

1005 Snow removal services for the Chief of Mission Residence

(CMR)

Day 24

1006 Snow removal services for the New Embassy Compound

(NEC)

Day 24

1007 Snow removal services for USG property, Uruguay Str.

Day 24

1008 Temporary additional standard services

Each ---------------- 4 $4,100.00(or local currency equivalent)

1009 VAT– where applicable

Total Seasonal and temporary additional services First Option Year

2.4.3. SECOND OPTION YEAR

2.4.3.1. STANDARD SERVICES

CLIN Description Unit of Measure Unit Price Quantity Total Annual Price 2001 Gardening services for the Chief of Mission Residence

(CMR)

Month 12

2002 Gardening services for the New Embassy Compound (NEC)

Month 12

2003 DBA Insurance -ifapplicable

Lot 1

2004 VAT– where applicable

Total Standard Services Second Option Year

2.4.3.2. SEASONAL AND TEMPORARY ADDITIONAL SERVICES

2005 Snow removal services for the Chief of Mission Residence

(CMR)

Day 24

2006 Snow removal services for the New Embassy Compound

(NEC)

Day 24

2007 Snow removal services for USG property, Uruguay Str.

Day 24

2008 Temporary additional standard services

Each ---------------- 4 $4,200.00(or local currency equivalent)

2009 VAT– where applicable

Lot 19% 1

Total Seasonal and temporary additional services Second Option Year

2.4.4. THIRD OPTION YEAR

2.4.4.1. STANDARD SERVICES

CLIN Description Unit of Measure Unit Price Quantity Total Annual Price 3001 Gardening services for the Chief of Mission Residence

(CMR)

Month 12

3002 Gardening services for the New Embassy Compound (NEC)

Month 12

3003 DBA Insurance -ifapplicable

Lot 1

3004 VAT– where applicable

Total Standard Services Third Option Year

2.4.4.2. SEASONAL AND TEMPORARY ADDITIONAL SERVICES

3005 Snow removal services for the Chief of Mission Residence

(CMR)

Day 24

3006 Snow removal services for the New Embassy Compound

(NEC)

Day 24

3007 Snow removal services for USG property, Uruguay Str.

Day 24

3008 Temporary additional standard services

Each ---------------- 4 $4,300.00(or local currency equivalent)

3009 VAT– where applicable

Total Seasonal and temporary additional services Third Option Year

2.4.5. FOURTH OPTION YEAR

2.4.5.1. STANDARD SERVICES

CLIN Description Unit of Measure Unit Price Quantity Total Annual Price 4001 Gardening services for the Chief of Mission Residence

(CMR)

Month 12

4002 Gardening services for the New Embassy Compound (NEC)

Month 12

4003 DBA Insurance -ifapplicable

Lot 1

4004 VAT– where applicable

Total Standard Services Fourth Option Year

2.4.3.2. SEASONAL AND TEMPORARY ADDITIONAL SERVICES

4005 Snow removal services for the Chief of Mission Residence

(CMR)

Day 24

4006 Snow removal services for the New Embassy Compound

(NEC)

Day 24

4007 Snow removal services for USG property, Uruguay Str.

Day 24

4008 Temporary additional standard services

Each ---------------- 4 $4,400.00(or local currency equivalent)

4009 VAT– where applicable

Total Seasonal and temporary additional services Fourth Option Year

PRICING SUMMARY

BASE YEAR (Standard + Seasonal and Temporary Services) FIRST OPTION YEAR (Standard + Seasonal and Temporary Services)

SECOND OPTION YEAR (Standard + Seasonal and Temporary

THIRD OPTION YEAR(Standard + Seasonal and Temporary

FOURTH OPTION YEAR (Standard + Seasonal and Temporary

GRAND TOTAL (BASE + ALL OPTION YEARS)

2.4.7. CURRENCY OF OFFER: _________________

2.4.8 CLINs shall include gardening services and proper disposal of snow and ice. No additional sums will be payable for any escalation in the cost of materials, equipment or labor, or because of the contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required. The contract price will not be adjusted due to fluctuations in currency exchange rates.

3 - PERFORMANCE WORK STATEMENT

3.1. GENERAL REQUIREMENTS

3.1.1 The Contractor shall perform gardening and snow removal services, including furnishing all labor, material, equipment and services, for:

1) The New Embassy Compound (NEC) located at Bulevardul Doctor Liviu Librescu 4-6, Bucharest, Romania;

2) The Chief of Mission Residence (CMR) located at Dante Aligheri Str. 11, Bucharest, Romania;

3) United States Government property located at Str. Uruguay 17, Bucharest, Romania, as described in this Statement of Work. The Government will pay the Contractor the fixed price per month for standard services that have been satisfactorily performed.

3.1.2. This is a contract with a Performance-Based Statement of Work (PBSOW). As a performance-based contract, the requirements are stated in terms of desired results with associated quality standards.

3.1.3. Maintenance and appearance of the grass, shrubbery, garden areas, trees, and related landscape elements of the U.S. Embassy Bucharest 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 the New Embassy Compound (NEC) and the Chef of Mission Residence (CMR). 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.

3.2. MANAGEMENT AND SUPERVISION

3.2.1. 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.

3.2.2 The Contractor's employees shall be on-site only for contractual duties and not for any other business or purposes. Contractor employees shall have access to the green areas and toilet rooms, in both cases with security escorts.

3.2.3. 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 08:00 AM and 05:00 PM 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.

3.2.4. 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.

3.2.5. 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.

3.2.6. 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.

3.3. STANDARD SERVICES

3.3.1. LAWN CARE – also see Attachments I and II for more detailed instructions.

3.3.1.1 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.

3.3.1.2 EDGING. The Contractor shall edge all sidewalks, driveways, and curbs each time the adjacent grass is cut.

3.3.1.3 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.

3.3.1.4 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.

3.3.1.5 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.

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

3.3.2 PRUNING

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

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

3.3.2.3 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 maintain proper shape at all times. 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 esthetically pleasing appearance.

3.3.2.4 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.

3.3.3. LEAF REMOVAL. The Contractor shall, on a monthly basis, remove leaves and pine needles from the properties mentioned by this contract and on a weekly basis during the period of September through November.

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

3.3.5. 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 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.

3.3.6. WATERING

3.3.6.1 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.

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

3.3.6.3 The Contractor shall provide all hoses, portable sprinklers, and other similar irrigation equipment.

3.3.6.4 The Government shall furnish the supply of water.

3.3.7. FERTILIZER

3.3.7.1 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.

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

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

3.3.7.4 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.

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

3.3.8 SCARIFICATION. Contractor will proceed to the scarification of the lawn twice a year (Ex: March-April and September- October or on Contractor’s proposed schedule).

3.3.9 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 Grounds Maintenance Plan.

3.3.10 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.

3.3.11 PERSONAL PROTECTIVE EQUIPMENT (PPE). The contractor shall be responsible for providing PPE for all its employees according to the risk assessment of each performed operation. The Government has the right to stop contract performance without payment in case the Contractor does not provide the required PPE.

3.4. SEASONAL AND TEMPORARY ADDITIONAL SERVICES

3.4.1. SNOW REMOVAL

3.4.1.1 The Contractor is responsible for snow and ice removal operations for approximately 18,360 square meters of asphalt, concrete and paved surfaces on the below U.S. Government locations:

- Chef of Mission Residence, 11 Dante Aligheri Str., Bucharest 5, 660 m2

- New Embassy Compound, 4-6 Liviu Librescu Boulevard, Bucharest 12,500 m2

- USG Property, 17 Uruguay Str., Bucharest 200 m2

3.4.1.2 Snow removal operations should start as soon as there is a snow accumulation of 5 cm or “Yellow code” is declared by the National Weather Agency, including on Romanian or U.S. holidays (652.237-72 - OBSERVANCE OF LEGAL HOLIDAYS AND

ADMINISTRATIVE LEAVE (FEB 2015)).

3.4.1.3 Sidewalks and driveways must be treated with a chemical mixture that the Embassy provides (Calcium Chlorine, salt, sand) to prevent ice build-up and to provide a non-slippery passage to and within the listed properties. Proper chemicals provided by the Embassy will be used to avoid damage to surfaces.

3.4.1.4 The following priority applies for snow removal operations:

A. Chef of Mission Residence, Dante Aligheri Str. 11:

1) Main Entrance access road (through Dante Aligheri Str. from the crossing with Ivan Sergheevici Turgheniev Str.)

2) Roundabout and interior access road from the main sliding gate to the main entry

3) Walkways to access the lake-side gate

4) Exterior Stairs and paved terraces.

B. New Embassy Compound, B-dul Liviu Librescu 4-6

1) Sidewalk from bus 301 stop “Ambasada SUA” to main Embassy entry (each working day before 7 AM)

2) Sidewalk from main Embassy entry to the bus 301 stop “Ambasada SUA” (each working day before 4 PM)

3) The street and Sidewalk parallel with the Embassy Parking lot

4) Embassy Parking lot, including exterior pedestrian and auto access

5) Sidewalk on Dr. Liviu Librescu parallel with the Embassy Exterior Wall, between Embassy main entry and Consulate Entry

6) Consular entry exterior area, including visitors’ access and waiting area

7) Sidewalk between the Consulate entrance and the Service Entrance

8) Exterior Service Entrance area

9) Exterior Service Entrance employees’ parking lot

10) Interior pedestrian access from Main CAC to main entrance canopy and up to Consulate CAC;

11) Interior pedestrian access from CCAC to Consulate waiting area access;

12) Interior auto access from MCAC to SCAC alley and driveway between SCAC and Warehouse

13) Driveway from SCAC to Utility Building and secondary exit from NOB.

14) MSGQ access alleys.

C. United States Government Property – Str. Uruguay, 17

1) Sidewalk adjacent to property

3.4.1.5 All other alleys can be cleaned during the day, after completing priority operations.

3.4.1.6 Snow should be temporarily stockpiled until final removal no later than the end of the work session of each day. It is the contractor’s responsibility to manage/remove snow from the designated storage areas as described before.

3.4.1.7 The Contractor is responsible for all damage to surfaces, light fixtures, parking bumpers, curbs, lawns, shrubs and trees caused by snow removal operations.

3.4.1.8 During the night the equipment may be kept on site and shall be parked only in the places specifically designated for this purpose.

3.4.2. TEMPORARY ADDITIONAL SERVICES

3.4.2.1. Temporary additional services refer to 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. Contractor shall provide these services in addition to the scheduled services required by this contract. The COR shall order these services as needed. This work will be performed by trained employees of the Contractor, and shall not be subcontracted. The COR may require the Contractor to provide temporary additional services with 48-hour advance notice.

3.4.2.2. The Contractor shall include in its next regular invoice details of the temporary additional services and any materials 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.

3.4.2.3 SPECIFIC REQUIRED ACTIONS BEFORE EVENTS shall include any/all of the following:

- One antifungal treatment before scheduled large events at the Embassy.

- Replacing of the grass layer on the areas damaged beyond recovery with grass rolls matching the existing one.

- If needed, application of a shallow aeration followed by over-seeding and sand spread.

3.5. LOCATION FOR GARDENING AND SNOW REMOVAL SERVICES

3.5.1 All standard services are to be delivered on regular Post working days, as follows:

A) Gardening and snow removal services for:

- The New Embassy Compound (NEC), Bulevardul Liviu Librescu 4-6, Bucharest, Romania

- Chef of Mission Residence (CMR), Str. Dante Aligheri 11, Bucharest, Romania.

B) Snow removal services only, for:

- United States Government Property, Str. Uruguay, 17, Bucharest, Romania.

3.6. WORKING HOURS

3.6.1. All work shall be performed during 8:00 AM and 5 PM, Monday to Friday, except for the holidays identified in 652.237-72

- OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB 2015). 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.

3.7 DELIVERABLES

3.7.1. The following items shall be delivered under this contract:

DESCRIPTION QUANTITY DELIVERY DATE DELIVER TO:

Insurance 1 10 days after award Contracting Officer Grounds Maintenance Plan 1 30 days after award COR List of Personnel 1 10 days after award COR Transition Plan 1 10 days after award COR Payment Request 1 monthly COR

3.8. PERSONNEL REQUIREMENTS

3.8.1. 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.

3.8.2. STANDARD OF CONDUCT

3.8.2.1 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). The Contractor shall provide, to each employee and supervisor, uniforms and personal equipment. The Contractor shall be responsible for the cost of purchasing, cleaning, pressing and repair of uniforms.

3.8.2.2 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.

3.8.2.3 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.

3.8.2.4 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.

3.8.2.5 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.

3.8.2.6 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.

3.9. 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.

3.10. PERSONNEL SECURITY

3.10.1. 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. For each individual the list shall include:

- Full Name

- Place and Date of Birth

- Current Address

- Personal Identification number

3.10.2. 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.

3.11. MATERIALS AND EQUIPMENT. The Contractor shall provide all necessary gardening supplies and equipment, including rakes, lawn mowers, hoe, pitchfork, pruning sheers, fertilizers to perform the work identified in this contract.

3.12. INSURANCE

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

3.12.2. 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.

3.12.3. 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.

3.12.4. 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,

3.13. LAWS AND REGULATIONS

3.13.1. 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.

3.13.2. 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.

3.14. TRANSITION 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.

3.15. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

3.15.1.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 Scope of Work Para Performance Threshold Services.Performs all gardening and snow removal services set forth in the scope of work.

3. thru 3.15 All required services are performed and no more than one (1) customer complaint is received per month.

3.15.2. 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.

3.15.3. 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.

3.15.4. PROCEDURES.

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

3.15.4.2 The COR will complete appropriate documentation to record the complaint.

3.15.4.3 If 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.

3.15.4.4 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.

3.15.4.5 The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

3.15.4.6 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.

3.15.4.7 The COR will consider complaints as resolved unless notified otherwise by the complainant.

3.15.4.8 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.

52.204-23 - Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

(a) Definitions. As used in this clause-- "Covered article" means any hardware, software, or service that--

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

"Covered entity" means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from--

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable;

supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(a) Definitions. As used in this clause-- Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.

4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.