19GE5026Q0078_Attachment 1-Schedule and BPA Clauses.pdf

SBU - CONTRACTING AND ACQUISITIONS

COMBINED SYNOPSIS/SOLICITATION 19GE5026Q0078

GARDENING AND LANDSCAPE MAINTENANCE SERVICES,

U.S EMBASSY TOKYO, JAPAN

CONTINUATION TO SF 1449 BLOCK 20

ATTACHMENT 1: SCHEDULE & BPA CLAUSES

SECTION I – SCHEDULE

A. GENERAL

A.1 Purpose: The purpose of this Blanket Purchase Agreement (BPA) is to establish a ordering vehicle for the provision of gardening and landscape maintenance services at

U.S. Government-owned and long-term leased facilities in Japan, including the U.S.

Embassy Tokyo, residential compounds, and associated facilities, as identified in the

Statement of Work (SOW) and its attachments.

A.2 BPA Structure and Period of Performance: The Government anticipates establishing a single-award BPA with a 60-month term, consisting of five (5) individual ordering periods, within which firm-fixed-price BPA calls may be issued. Each BPA call will identify the applicable ordering period and will define the specific scope of services and service location, performance requirements, deliverables, and any other call-level terms. The ordering periods for this BPA are as follows:

Ordering Period Period of Performance Duration

Period 1 September 16, 2026 – September 15, 2027 12 months

Period 2 September 16 2027 – September 15, 2028 12 months

Period 3 September 16, 2028 – September 15, 2029 12 months

Period 4 September 16, 2029 – September 15, 2030 12 months

Period 5 September 16, 2030 – September 15, 2031 12 months

TOTAL

60 months

19GE5026Q0078

A.3 Limitations: This BPA does not oblige the Government to purchase any minimum quantity of services. The U.S. Government may issue BPA calls against this BPA as requirements arise and funding becomes available. Each individual call placed under this

BPA shall not exceed USD 700,000.00, or the equivalent amount in local currency at the time of order issuance. All services shall be performed only upon issuance of an authorized call by the Contracting Officer.

A.4 BPA Ordering Procedures: Services under this BPA shall be requested through individual calls placed by the RPSO Contracting Officer or authorized representative(s).

Each call shall:

• Be placed by an individual appearing on the following Authorized Purchaser

List: Only an RPSO Contracting Officer may place a BPA Call order.

• Reference the BPA number

• Specify the service location (Chancery, CMR, DCMR or Mitsui Housing

Compound)

• Describe the services required and location with appropriate CLIN

• Not exceed the individual call limitation of USD 700,000 or the equivalent in local currency.

A.5 Insurance and Liability: The Contractor shall maintain general liability insurance and shall name the United States of America as an additional insured. Insurance coverage and limits shall be as required by law or consistent with normal and customary practice at the place of performance. The Government shall not be responsible for personal injury or property damage arising from the Contractor’s performance, including damage to

Government property in the Contractor’s custody or to the Contractor’s property or personnel. The Contractor shall indemnify and hold the Government harmless from all such claims, except to the extent caused by the Government’s gross negligence. Evidence of required general liability insurance shall be submitted within 15 calendar days after award.

A.6 Acquisition Method: This is a commercial acquisition as defined in Federal

Acquisition Regulation (FAR) 2.101, Definitions, and as described in FAR part 12, Acquisition of Commercial Products and Commercial Services.

B. PRICING TERMS

Pricing shall be firm-fixed-price (FFP) and shall include all costs necessary for full performance of the required services, including labor, materials, supplies, equipment, overhead, profit, insurance, and transportation. No additional compensation will be provided for cost escalation, estimating errors, performance challenges, or currency exchange rate fluctuations. Price or schedule adjustments will be considered only for changes or delays directed by the Government. Any cost not separately priced shall be deemed included in the FFP amount as overhead or other indirect costs.

Prices established under this BPA shall be stated in a fixed currency and are not subject to adjustment by BPA modification.

B.1 GARDENING AND LANDSCAPE MAINTENANCE SERVICES AND

PRICING STRUCTURE

• Complete gardening and landscape maintenance services as described in the

Performance Work Statement, including mowing and lawn care, weeding, pruning, debris removal, watering, fertilizing, pest and disease control, flower bed and planter maintenance, pond maintenance (where applicable), bamboo fence maintenance, and cleaning services.

• All planning, administration, supervision, and management necessary to ensure that all services comply with the BPA requirements.

• All reporting requirements, documentation, and deliverables required under

Sections C.9 (Grounds Maintenance Plan), C.10 (Monthly Grounds Maintenance

Report), and other applicable sections of the Performance Work Statement.

• Seasonal maintenance activities including seasonal flower replacement (three times per year), lawn care activities (four times per year), professional inspections (lawn doctor monthly, tree doctor annually), and other seasonal requirements specified in the Performance Work Statement.

• All labor (including Project Manager, Lead Gardeners, and gardening staff), flower supply, rental equipment, disposal fees, management fees, tools, equipment, materials, transportation, overhead, profit, and all incidental costs necessary to perform the services described in the Performance Work Statement.

The fixed monthly price for each CLIN described in Attachment 2-Price Proposal

Breakdown shall include all recurring services and predictable workload requirements described in the Statement of Work for the respective property, regardless of actual monthly variations in workload volume.

B.2 VALUE ADDED TAX (VAT)

The U.S. Embassy Tokyo is exempt from Japanese consumption tax. Accordingly, such taxes shall not be included in BPA prices and shall not be charged on invoices.

Upon receipt of a proper invoice, the Government will provide the Contractor with a signed Certificate of Tax Exemption Purchase for Foreign Establishments, as applicable.

For purchases from non-designated stores, registration guidance is available at:

http://www.nta.go.jp/tetsuzuki/shinsei/annai/shohi/annai/23120184.htm.

B.3 DEFENSE BASE ACT (DBA) INSURANCE

Defense Base Act (DBA) insurance is required in accordance with FAR 52.228-3 and

52.228-4 contained in Section II, BPA Clauses. DBA coverage for Host Country

Nationals (HCNs) and Third Country Nationals (TCNs) is required unless waived by the

U.S. Department of Labor (DOL).

Japan is currently listed on the DOL Active DBA Waiver list and therefore DBA insurance HCNs and TCNs, performing under this BPA is not required. However, DBA

Insurance for U.S. citizens and individuals hired in the United States (regardless of citizenship) performing under this BPA is required.

Proof of DBA coverage shall be submitted within 15 days after award.

Insurance must be obtained from a DOL-authorized broker. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

DBA premiums will be evaluated as part of the firm-fixed price and reimbursed at actual cost, not to exceed the amount proposed for DBA, upon submission of acceptable proof of payment.

B.4 JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT

OF 2010 NOTICE

http://www.nta.go.jp/tetsuzuki/shinsei/annai/shohi/annai/23120184.htm http://www.dol.gov/owcp/dlhwc/lscarrier.htm

In accordance with the James Zadroga 9/11 Victims Health and Compensation Act of

2010, payments made under this procurement may be subject to a 2% excise tax under 26

U.S.C. 5000C, unless a waiver or exception applies.

C. STATEMENT OF WORK (SOW))

The purpose of this BPA is to obtain gardening and landscape maintenance services for

U.S. Government-owned and long-term leased facilities in Japan, including the U.S.

Embassy Tokyo, residential compounds, and associated facilities, as identified in the

Statement of Work (SOW) and its attachments.

C.1 GENERAL REQUIREMENTS / CONTRACTOR RESPONSIBILITY

The Contractor shall furnish qualified management, supervision, skilled trades personnel, and subcontractors, as necessary, to perform services in accordance with this BPA and its attachments.

The Contractor shall perform complete gardening and landscape maintenance services as described in this SOW for all Government properties listed in Exhibit A: Site Plans. The

Contractor shall include all planning, administration, and management necessary to assure that all services:

• Comply with this SOW and all performance standards

• Comply with all applicable U.S. Federal, Japanese national, and Tokyo municipal laws and regulations

• Meet the performance standards specified in Section C.3 and the QASP (Section

D.1)

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

C.2 PERFORMANCE LOCATIONS/FACILITIES

C.2.1 Service Locations

Except as stated in Section C.3.8.d, work under this BPA shall be performed at the exterior portions, including all perimeter walls and fences and front-side public sidewalks, of the following Government properties (see Attachment 1: Site Plans), all of which are subject to the Vienna Convention on Diplomatic Relations:

(1) Chancery – 9,705 square meters including garden area in front of CAC

1-10-5 Akasaka, Minato-ku, Tokyo 107-8420

(2) Chief of Mission Residence (CMR) – 5,081 square meters

1-10-5 Akasaka, Minato-ku, Tokyo 107-8420

(3) Deputy Chief of Mission Residence (DCMR) – 1,402 square meters

1 Azabu Nagasaka-cho, Minato-ku, Tokyo 106-0043

(4) Mitsui Housing Compound – 9,705 square meters

2-1-1 Roppongi, Minato-ku, Tokyo 106-0032

Total Maintained Area: Approximately 26,000 square meters

C.2.2 Site Access and Operations

a. Site Access and Work Area Restrictions: The Contractor shall confine its operations to the sites specified in this BPA and shall not disturb portions of the site beyond areas in which work is being performed.

b. Traffic and Access Maintenance: The Contractor shall keep existing driveways, sidewalks, and entrances serving the premises clear and available to vehicle, and pedestrian traffic at all times.

c. Site Management: The Contractor shall not unreasonably encumber a site, or any portion of a site, with materials or equipment.

C.3 PERFORMANCE STANDARDS AND REQUIREMENTS

C.3.1 MOWING AND LAWN MAINTENANCE AND CARE

a. Lawn Height Standards: In the improved areas (see Exhibit A), the Contractor shall maintain a lawn height between four (4) and six (6) centimeters including grass around trees, shrubs, flower beds, walkways, sprinkler heads, valves, buildings, and other fixtures. Unimproved area grass shall be maintained at a height 30 centimeters or under.

All grassy areas shall be edged each time the adjacent grass is cut.

b. Lawn Repair and Restoration: The Contractor shall repair areas damaged by normal wear and tear including such damage caused by foot traffic. Damaged areas shall be re-graded as necessary and restored through seeding or installation of new sod. Repair and restoration work shall include any necessary precautionary steps such as posting warning signs and installing temporary barricades. Areas likely to be damaged by normal wear and tear are predictable and foreseeable; therefore, repair costs shall be included in the

BPA prices and shall be accomplished at no additional cost to the Government.

c. Mowing Schedule: The schedule for lawn mowing and trimming shall be included in the GMP and tailored to seasonal growth patterns.

d. CMR Garden- Pure Green Lawn Requirement: Pure green lawn must be maintained throughout all seasons for the CMR garden, including sloped areas. The

Contractor may determine whether two different types of lawn seeds are used in separate seasons or to apply lawn coloring before winter. The Contractor shall propose the specific method and product names to the COR and receive written approval before ordering or applying these products.

e. Lawn Care Activities: Lawn care activities including soil improvement, thatch removal, and aeration shall be performed four (4) times per year per GMP schedule. The

Contractor shall block the affected areas with red cones and barricades while under maintenance.

f. Professional Lawn Doctor Inspection: A professional lawn doctor shall conduct monthly inspections of lawn health and condition. Inspection reports shall be submitted to the COR within five (5) working days of each inspection, documenting findings, recommendations, and any corrective actions required.

C.3.2 WEEDING

The Contractor shall weed the grounds and gardens on a continuous basis to prevent the growth of weeds in lawns, bushes, and flower beds. The Contractor may use weed-killing chemicals to eliminate and prevent renewed growth of grass and weeds in the cracks and joints within or along sidewalks and curbs; however, manual weeding and the use of weed-growth blocking methods are preferred whenever possible. All herbicide applications must comply with Section C.8 chemical requirements and receive prior COR approval.

C.3.3 PRUNING AND TREE CARE

Pruning includes commonly accepted horticultural practices such as bracing limbs and removing dead trees. The pruning schedule shall be included in the GMP and shall contain either a statement identifying areas where "cherry picker" equipment will be required or an affirmative statement that cherry picker equipment will not be needed.

a. General Pruning Standards: Shrubs, vines, ground cover, and trees shall be pruned to direct and encourage healthy plant growth, remove dead and unsightly growth, eliminate hazardous conditions such as low branches hanging over or touching nearby buildings and fixtures, and maintain a neat and attractive appearance. All pruning shall be performed in accordance with Japanese horticultural standards.

b. Sculpted vegetation: Sculpted vegetation shall be pruned to maintain desired aesthetic effects and original design intent.

c. Tree Wound Treatment: All pruning cuts greater than 25 millimeters in diameter shall be covered with a commercial tree-wound dressing compound immediately after cutting to prevent disease and promote healing.

d. Tree Removal and Replacement - Category 1: The Contractor shall annually cut and remove up to ten (10) old trees with trunks diameters less than 40 centimeters and height less than 7 meters, including complete root removal. Each removed tree shall be replaced with a tree of equivalent height and size. All tree replacements shall include soil improvement and amendment to ensure healthy establishment.

e. Tree Removal and Replacement - Category 2: The Contractor shall annually cut and remove up to ten (10) old trees with trunk dimeters less than 1 meter and heights less than

13 meters, including complete root removal. Each removed tree shall be replaced with a tree of equivalent height and size. All tree replacements shall include soil improvement and amendment to ensure healthy establishment.

f. Shrub and Plant Addition/Replacement: The scope includes addition or replacement of new shrubs and plants as follows:

• 50 square meters of Tsuge (Japanese box) up to 1 meter in height;

• 50 square meters of Satsuki (azalea);

• 50 square meters of ground cover;

• 20 square meters of Tamaryu (dwarf mondo grass);

• 400 square meters of lawn; and

• Three (3) sets of 7-meter Shidaji trees or equivalent approved species.

All plantings shall include appropriate soil preparation, amendment, and initial establishment care.

C.3.4 DEBRIS REMOVAL

a. Seasonal Debris Removal: The Contractor shall rake, collect, and dispose of seasonal accumulations of leaves and pine needles as needed but no less than monthly during

January through August and no less than weekly during September through December.

The debris removal schedule shall be included in the GMP.

b. Recycling and Composting: The Contractor shall promote commonly accepted recycling practices for dead vegetation. Examples include using material for mulching and, when practical, maintaining compost piles.

c. Daily Debris Removal: Before the end of each workday, the Contractor shall remove cuttings, grass, leaves, bark, limbs, and litter from all maintained areas, including walkways, stairways, and curbs within or adjacent to the maintained areas. The

Contractor may temporarily deposit unusable debris at sites designated by the COR provided that the contents of such temporary sites are removed from Government premises and disposed of at least weekly. The Contractor is responsible for all expenses incurred in the collection, transportation, and disposal of debris in accordance with

Japanese laws and regulation.

d. Pest Nest and Egg Removal: The Contractor shall remove bees, wasps, and bird nests if found anywhere within the work sites. The Contractor shall remove frog eggs from ponds. All nest and egg removal shall be conducted safely and in accordance with applicable Japanese wildlife protection laws.

e. Temple Townhouse Planter Maintenance: The Contractor shall remove low trees, shrubs, flower beds from the built-in planters at odd numbered Temple townhouses after apartments become vacant in preparation for make-ready. A total of fourteen (14) planters required for this service. Each apartment becomes vacant every three years. After cleaning each planter, the Contractor shall fill with 200 millimeters of depth of new improved soil suitable for future plantings.

C.3.5 WATERING

The Contractor shall water lawns, flowers, shrubs, and trees as needed to maintain continual moisture penetration to a depth of 7 centimeters. Excessive irrigation shall be avoided, particularly near building foundations, to prevent water damage and foundation issues. The watering schedule shall be included in the GMP and adjusted based on weather conditions, seasonal requirements, and plant needs.

C.3.6 FERTILIZING

Following proper horticultural practices for the types of vegetation, soil, weather conditions, and seasons, the Contractor shall fertilize and lime the soil to promote healthy growth, proper color, and appearance of all vegetation. The fertilizing schedule shall be included in the GMP.

a. Minimum Fertilization Frequency: The Contractor shall fertilize lawn areas a minimum of two (2) times per year and fertilize trees, shrubs, bushes, hedges, and other plants a minimum of once a year.

C.3.7 PEST AND DISEASE CONTROL

The Contractor shall maintain a program for monitoring and controlling pests and plant diseases to maintain flowers, shrubs, vines, trees, and other planted areas in a healthy and vigorous condition.

a. Pesticide Approval: The Contractor shall obtain written approval from the COR for all pesticides prior to use (see Section C.8 for complete chemical approval requirements).

b. Pest and Disease Control Schedule: The schedule for pest and disease control, including specific chemicals to be used, shall be based on demonstrated need through regular monitoring and inspection. The schedule shall be included in the GMP and updated as conditions warrant.

c. Mosquito Control: The Contractor shall perform mosquito spray applications as follows:

• Twenty (20) separate applications along the CMR main garden annually; and

• Ten (10) separate applications along the DCMR garden annually.

All mosquito spray applications shall be scheduled during appropriate times to maximize effectiveness while minimizing impact on residents and beneficial insects. Application schedule and products shall be approved by the COR prior to use.

C.3.8 FLOWER BEDS, PLANTERS, AND POTTED PLANTS

The Contractor shall maintain on a continuous basis all established flower beds, planters, and potted plants on all four Government properties. When selecting new plantings, consideration shall be given to suitability in terms of climate, pest resistance, disease resistance, and other factors to promote long-term plant health and minimize maintenance requirements. The schedule for replacing plants shall be included in the GMP.

a. Seasonal Flowering Annual Replacement: The Contractor shall replace flowering annual plants three (3) times per year with seasonal changes. Replacement plantings shall match the quantities and grade of flowers in the existing condition.

b. Perennial Plant Replacement: The Contractor shall replace perennial plants as needed to maintain the flower beds in good health and appearance.

c. Hanging Basket Maintenance: The Contractor shall replace flowering and non-flowering plants in Government-owned hanging baskets as need to maintain the hanging baskets in good health and appearance.

d. Potted Plant Assistance (EMR and DCMR): At the EMR and DCMR, the

Contractor shall assist house staff as requested to maintain or move potted plants placed anywhere on the premises, including inside buildings.

e. CMR Garden Flower Bed Proposal: The Contractor shall prepare a flower bed proposal report used for CMR garden and receive written approval from COR before ordering the flowers for each seasonal planting.

f. Future Expansion Allowance: An additional 5 percent of flower beds is anticipated at Government Garden sites over the next 5 years. The Contractor shall include this growth factor in the cost for all ordering periods.

g. Poinsettia Delivery: The Contractor shall supply and deliver a total of one hundred twenty (120) pots of poinsettias, with each pot measuring approximately 300mm in diameter and 400mm in flower height as follows:

• One hundred (100) pots delivered to the CMR; and

• Twenty (20) pots delivered to the DCMR.

Wrapping and decoration of the pots will be performed by house staff.

h. Flower Bouquets: The Contractor shall supply a maximum of five (5) sets of flower bouquets annually as requested by the COR. Each bouquet shall have an approximately value of 30,000yen as priced in a flower shop. The type and composition of flower bouquets will vary depending on the specific occasions for which they are requested.

C.3.9 POND MAINTENANCE

a. Daily Pond Maintenance: The ponds and non-water areas surrounding the ponds shall be maintained in presentable condition at all times and in a manner that safeguards the fish in the ponds. This maintenance includes, but is not limited to, skimming leaves and other debris from the water surface and removing algae from stones at the edge of the ponds.

b. Water Level Maintenance: The Contractor shall maintain proper water levels in the ponds to correspond to visible fill marks. Water levels shall be checked regularly and adjusted as needed to compensate for evaporation and weather conditions.

c. Bi-Annual Pond Cleaning: Twice annually, the Contractor shall drain and thoroughly clean the ponds at the Mitsui Housing Compound, CMR and DCMR. The cleaning for each pond shall be completed within fourteen (14) calendar days. During each cleaning, the Contractor shall:

(1) Perform all work in a manner that ensures proper handling and safeguarding of the fish (carp) in the ponds;

(2) Remove all stones and relocate them to a nearby site designated by the COR;

(3) Clean and inspect the rubber membrane lining the ponds for tears, punctures, areas worn to a thickness of less than 2 millimeters, and other defects. The

Contractor shall immediately report all defects to the COR, who will determine whether repairs will be arranged through the Contractor or another source;

(4) Clean all stones and return them to their original positions; and

(5) Refill the ponds with water and verify proper water quality before returning fish to the ponds.

d. Fish Mortality: Zero fish mortality attributable to Contractor actions during pond cleaning or maintenance is acceptable. Any fish deaths shall be immediately reported to the COR with explanation of cause.

C.3.10 BAMBOO FENCE MAINTENANCE

Maintenance of existing bamboo fences shall be the responsibility of the Contractor.

Maintenance includes re-tying the black twine and replacing broken pieces as needed, up to a maximum of 10 square meters. If during the ordering period(s) of this BPA the COR determines that entire fences or sections of fences require replacement, such replacement shall be accomplished separately from this BPA. The schedule for bamboo fence maintenance shall be included in the GMP.

C.3.11 CLEANING SERVICES

The Contractor shall clean all areas on a continuing basis, including lawns, gardens, walkways, steps, driveways, streets, and parking lots. Powered jet wash cleaning of hard pavements is required at a minimum of once per month.

a. Tennis Court: The tennis court at the Mitsui Housing Compound shall be swept twice a week and power-washed quarterly (four times per year minimum).

b. Basketball Court

The basketball court at the Mitsui Housing Compound shall be swept twice per week and power-washed quarterly (four times per year minimum).

c. Children's Playground, "Candy cane park": The children's play area at the Mitsui

Housing Compound shall be swept twice per week and the soft play surface and playground equipment shall be power washed monthly.

d. Chief of Mission Residence (CMR) Interior Perimeter Walls: The CMR interior perimeter walls shall be either power-washed or otherwise effectively cleaned quarterly

(four times per year minimum). Walls range from 1.5 to 2.4 meters in height, excluding coping with Japanese roof tiles.

e. Chancery Courtyards: Courtyards in the Chancery, including areas in front of the auditorium and cafeteria and inside the Consular section, shall be cleaned on a continuing basis as part of general cleaning services.

f. Exclusion - Tower Arcades: Sweep work on the ground floor arcade under Grew, Harris, and Perry towers is not part of this BPA scope and shall not be performed by the

Contractor.

C.3.12 PLANT REPLACEMENT DUE TO CONTRACTOR NEGLIGENCE

At no additional cost to the Government, the Contractor shall replace any tree, bush hedge, or shrub that perishes or is rendered unusable for its intended purpose through negligent or irresponsible practices attributable to the Contractor. Negligence includes, but is not limited to, failure to maintain sufficient moisture for healthy growth of flowers, shrubs, trees, and lawn; improper chemical application; failure to perform required maintenance; or damage caused by improper use of equipment. Where plants and bushes that are sensitive to lack of water perish due to insufficient watering, the Contractor shall replace them with equivalent products at no cost to the Government. All replacement plants shall be of equivalent or better size, quality, and species, and shall include appropriate soil preparation and establishment care to ensure successful growth.

C.4 MANAGEMENT AND SUPERVISION

C.4.1 Project Manager:

The Contractor shall designate a Project Manager who shall be responsible for on-site supervision of the Contractor's workforce at all times during service delivery. The Project

Manager shall serve as the focal point for the Contractor and the primary point of contact with the U.S. Government personnel.

Qualifications: The Project Manager must possess either a bachelor’s degree in landscaping, agriculture, or forestry, or be a First-Class Landscaping Management

Specialist (1-kyu zoen seko kanri gishi) and have a minimum of ten (10) years of experience in landscaping, gardening, or grounds keeping.

English Language Proficiency: The Project Manager shall have sufficient English language skills, minimum Level 2 (Limited Working Proficiency), to supervise the workforce and serve as liaison with the U.S. Government personnel. Level 2 proficiency means the individual is able to satisfy routine social demands and limited work requirements; can handle routine work-related interactions that are limited in scope; can ask and answer predictable workplace questions; can give straightforward instructions to subordinates; can participate in normal high-frequency conversations about work and daily matters; and can understand most everyday conversations with native speakers, although errors may be present and more complex work-related tasks may require clarification.

Duties and Work Schedule: Supervision shall be the Project Manager’s sole function;

the Project Manager shall not perform any other duties. The Project Manager shall be stationed either at the Chancery or the Mitsui Housing Compound and work exclusively for this BPA between the hours of 08:30 and 17:30, Monday through Friday, excluding both American and Japanese holidays (see Section C.5.1).

C.4.2 Lead Gardeners:

The Contractor shall designate two (2) lead gardeners as follows:

• Lead Gardener 1: Stationed at the Chief of Mission Residence (CMR) with responsibility for the Chancery and CMR work areas and;

• Lead Gardener 2: Stationed at the Mitsui Housing Compound with responsibility for the Deputy Chief of Mission Residence (DCMR) and Mitsui Housing Compound work areas.

Responsibilities: In the absence of the Project Manager, both lead gardeners shall be responsible for on-site supervision of the Contractor's work force at all times when services are being performed.

Qualifications: Both lead gardeners must have a minimum of six (6) years of experience in landscaping, gardening, or grounds keeping. Lead gardeners should preferably possess a Landscaping Technician (zoen ginoshi) license or similar license related to the trade.

C.5 WORKING HOURS

The Contractor shall maintain regular work schedules to ensure the delivery of all standard scheduled services between the hours of 08:30 and 17:30, Monday through

Friday, excluding both American and Japanese holidays as identified below in C.5.1.

The Contractor may request to perform work outside of these standard hours. Such requests shall be submitted to the COR at least twenty-four (24) hours in advance providing justification for the schedule deviation for approval.

Changes in work hours, whether initiated by the Contractor or approved by the COR, will not result in any increase to the BPA prices. No premium pay, overtime compensation, or other additional costs associated with non-standard work hours shall be reimbursed by the

Government.

C.5.1 American and Japanese Holidays Schedule 2026

(a) The Contractor shall observe the following American and Japanese holidays. Work shall not be performed on these days unless specifically authorized in writing by the

Contracting Officer.

1. January 1 – New Year's Day (U.S. and Japan: Ganjitsu)

2. Second Monday in January – Adult's Day (Japan: Seijin-no-hi)

3. Third Monday in January – Martin Luther King Jr. Birthday (U.S.)

4. *February 11 – National Foundation Day (Japan: Kenkoku Kinen-no-hi)

5. Third Monday in February – Presidents' Day (U.S.)

6. *April 29 – Greenery Day (Japan: Midori-no-hi)

7. *May 3 – Constitution Day (Japan: Kenpou Kinen-bi)

8. *May 4 – Legal Rest Day (Japan)

9. *May 5 – Children's Day (Japan: Kodomo-no-hi)

10. Last Monday in May – Memorial Day (U.S.)

11. July 4 – Independence Day (U.S.)

12. Third Monday in July – Marine Day (Japan: Umi-no-hi)

13. First Monday in September – Labor Day (U.S.)

14. Third Monday in September – Respect for the Aged Day (Japan: Keirou-no-hi)

15. Second Monday in October – Columbus Day (U.S.)

16. Second Monday in October – Health Sports Day (Japan: Taiiku-no-hi)

17. *November 3 – Culture Day (Japan: Bunka-no-hi)

18. November 11 – Veterans Day (U.S.)

19. November 23 – Labor Thanksgiving Day (Japan: Kinrou Kanshya-no-hi)

20. Fourth Thursday in November – Thanksgiving Day (U.S.)

21. December 23 – Emperor's Birthday (Japan: Tennou Tanjou-bi)

22. December 25 – Christmas Day (U.S.)

(b) When any of the six Japanese holidays specifically identified above with an asterisk

(*) falls on a Sunday, the following Monday is observed as a holiday. Observance of such days by Contractor personnel shall not be cause for additional period of performance or entitlement to compensation. If the Contractor's personnel perform standard services on a holiday, no form of holiday or other premium compensation will be reimbursed by the

Government either as a direct or indirect cost.

(c) A copy of the holiday schedule for each future calendar year will be provided to the

Contractor by the COR as it becomes available.

C.6 QUALITY CONTROL / QUALITY CONTROL PROGRAM (QCP)

The Contractor shall be responsible for quality control throughout the performance of this

BPA. The Contractor shall implement and maintain a comprehensive Quality Control

Program (QCP) to ensure all work conforms to BPA requirements and applicable standards.

C.6.1 QCP Minimum Requirements:

The Contractor shall include, at a minimum:

(a) Inspection System: A comprehensive inspection system covering all services under this BPA, including both scheduled and unscheduled work, with defined methods and frequencies for quality verification.

(b) Quality Control Personnel: Identification of QC personnel by name, qualifications, and authority, with sufficient independence from production operations to require corrective action when deficiencies are identified.

(c) Deficiency Identification and Correction Process: Procedures to identify deficiencies before performance become unacceptable, including:

• Proactive identification of deficiencies before Government surveillance

• Immediate correction of identified deficiencies

• Root cause analysis for repeat deficiencies

• Escalation thresholds and notification procedures

• Preventive measures to avoid recurrence

(d) Documentation and Recordkeeping: Processes for recording inspections, findings, and corrective actions in a manner that demonstrates compliance with BPA requirements.

(e) Program Updates: Procedures for updating the QCP during performance as conditions, requirements, or lessons learned dictate.

C.6.2 Weekly Inspections and Reporting

The Contractor shall conduct weekly quality control inspections using duty checklists to verify performance against BPA requirements. Weekly inspection reports shall be provided to the COR documenting:

• Areas/systems inspected

• Inspection results and findings

• Deficiencies identified and corrective actions taken

• Outstanding issues requiring COR notification

Deficiencies shall be corrected promptly. Items not corrected within 2 weeks, or conditions beyond the Contractor's responsibility, shall be reported to the COR with recommended resolution.

C.6.3 Quality Control File

The Contractor shall maintain a QC file containing:

• Quality control inspection reports

• Deficiency logs with corrective actions and completion dates

• Continuous improvement initiatives

This file is Government property and shall be available to the COR during regular working hours and turned over at completion or termination of the BPA.

C.6.4 Coordination with COR

The Contractor shall coordinate all inspection visits with the COR to minimize disruption to Government operations and ongoing work activities.

C.6.5 QCP Submittal

The Contractor shall submit a detailed Quality Control Plan as part of the proposal in accordance with Section D.5, Deliverables. The QCP shall be submitted within 30 calendar days after BPA award and shall address all requirements specified in this section.

C.7 SAFETY AND ACCIDENT PREVENTION

In the performance of this contract, the Contractor shall provide and maintain work environments and procedures that will safeguard contractor employees, Government personnel, the public, the environment, and property exposed to Contractor operations; avoid interruptions of

Government operations; avoid interruptions of Government operations; and control costs.

C.7.1 Specific Safety Requirements:

The Contractor shall:

(1) Supervision and Oversight:

• Provide supervision and oversight in anticipation and early recognition of workplace hazards.

(2) Training:

• Ensure Contractor employees are properly trained to perform tasks in a safe manner

• Special emphasis on the maintenance, condition, and use of gasoline and electrical equipment where there exist potential electrocution, noise, and carbon monoxide hazards exist.

(3) Safety Equipment:

• Ensure that Contractor employees are provided with the correct tools, safety equipment (examples include gloves, safety shoes, eye, head, and hearing protection, outer clothing, ladders, etc.)

• Provide related training in order to perform tasks in a safe manner

(4) Safety and Barricades and Signs:

• Provide safety barricades and signs as appropriate.

(5) Regulatory Compliance:

• comply with standards issued by any local government authority having jurisdiction over health and safety issues.

(6) Immediate Correction:

• take effective action to correct unsafe or unhealthy working conditions or practices immediately upon their discovery.

(7) Mishap Reporting:

• Within two hours of occurrence, report all mishaps (a "mishap" is any unplanned, unexpected, or undesirable event causing injury, illness, death, property loss, property damage, or environmental contamination) to the COR or, in the COR's absence, to the General Services Office at the American

Embassy.

(8) Hazard Assessment:

• This BPA emphasizes proactive safety, occupational health, and environmental risk management. Early identification and assessment of potential hazards during the planning stages of work activities reduces the likelihood that existing hazards will go unaddressed or that new hazards will be introduced during performance. Early hazard identification enables elimination or control of hazards with minimal cost and disruption to operations.

• The Contractor shall conduct a comprehensive hazard assessment of all work sites, activities, equipment, materials, and environmental conditions during the pre-award site visit. The Contractor shall include as part of the Grounds

Maintenance Plan a completed Hazard Assessment form (Exhibit B) for each hazard identified during the site visit. Each Hazard Assessment form shall document the specific hazard, its location, potential consequences, risk level, control measures to be implemented, and responsible personnel.\

• Following award of the BPA, the Contractor shall maintain a continuous hazard identification and assessment program. When new hazards are identified or existing conditions change, the Contractor shall:

o Immediately implement interim protective measures to control the hazard;

o Complete a Hazard Assessment form for the new or changed hazard before the end of the workday on which it is identified; and o Submit the completed Hazard Assessment form to the COR before the end of that same workday.

(9) Emergency Services Information

The Contractor shall post in the work area the telephone numbers and locations of emergency services including, but not limited to:

• Fire,

• Ambulance,

• Hospital, and

• Department of State's Regional Security Office.

This signage will be accomplished at no additional cost to the Government.

(10) Non-compliance

The COR shall notify the Contractor of any non-compliance with these requirements and the corrective actions required. This notice, when delivered to the Contractor or the Contractor's representative on site, shall be deemed sufficient notice of the non-compliance and corrective action required.

After receiving the notice, the Contractor shall immediately notify the Contracting

Officer, in writing, of the corrective action taken to include preventing future occurrences, all of which shall be accomplished at no increase in BPA prices.

C.8 CHEMICAL USAGE

Subject to the strict controls stated below, the Contractor may use chemicals such as herbicides, pesticides, and manufactured fertilizers. The use of chemicals is limited strictly to that necessary for meeting the horticultural requirements stated herein. This includes controlling insects and fungi that can cause damage to outdoor ornamentals, plants, and turf. Specifically excludes rodents (mice and rats) and wood-boring insects that do not threaten vegetation. At no time shall the Contractor apply chemicals in or on the interior of any building or other structure capable of being occupied, including benches and playground equipment, nor shall the Contractor use any chemical without prior approval by the COR.

C.8.1 Chemical Work Standards

Work related to chemicals shall be accomplished in a manner that:

• Conforms to the intent of all applicable Department of State (DOS) safety, health, and environmental policies, standards, and regulations, as determined by the COR;

• Conforms to all applicable Japanese national and Tokyo municipal laws and regulation;

• Recognizes and implements all precautions against the documented dangers of chemical applications;

• Is effective for controlling pests in specific areas without causing contamination to other parts of the property or surrounding environment;

• Does not endanger any property, occupants, or workers and leaves all treated areas safe for re-occupancy; and

• Prevents accidental drift, runoff, or other unintended dispersal of chemicals beyond the target application area.

C.8.2 Chemical Approval Requirements

All chemicals, application methods, and schedules shall be approved by the COR prior to usage. To gain such approval, the Contractor shall incorporate the following information in the Grounds Maintenance Plan or in a supplemental report if required by changing circumstances:

(1) Chemical Identification: The chemical's common and brand name, active ingredients, and either the Ministry of Agriculture (Japan) registration number or the U.S.

Environmental Protection Agency (EPA) identifier;

(2) Documentation: Pesticide labels (with English translations) and completed Material

Safety Data Sheets (available on numerous Internet sites) for each chemical to be used;

(3) Pest Detailed Description: A detailed description of the pest problem identified as needing each chemical to be used, e.g. aphids on rose bushes or fungi on a specific tree;

(4) Application Details: The location, date/time, and method of application including mixture and strength, e.g. number of grams per square meter; and

(5) Safety Precautions: Special precautions, if necessary, such as posting signs or cordoning off affected areas to prevent injury to people, pets, wildlife, and the environment.

(6) Label Compliance: All chemicals shall be used only in strict conformance with manufacturers' label directions and spraying or other methods of application shall be performed in a manner that prevents accidental drift.

C.8.3 Chemical Delivery and Storage

a. Delivery: The Contractor shall deliver all materials and supplies to the site in the original unopened containers bearing the name of the manufacturer and details for proper mixing, application, storage, and disposal.

b. Employee Notification: The Contractor shall apprise all employees and other persons who will be at the work site of the seriousness of the hazard and of the proper work procedures, including emergency and spill response, that must be followed.

c. Supervision: When in use, chemicals and related equipment shall never be left unattended. When not in use, all chemicals and related equipment shall be secured in a tamper-proof facility, and the Contractor shall dispose of all empty containers off of

Government premises and in accordance with Japanese laws and regulations.

d. Back Flow Prevention: When using hoses to fill spray tanks or otherwise apply chemicals, the Contractor shall use approved safety devices to prevent back flow. Water hoses used to dilute chemicals and not dedicated to chemical use shall be prevented from contacting the chemicals.

e. Solution Disposal: All solutions of chemicals, including water used to rinse equipment, shall either be used on the treatment site, secured for future use, or disposed of off Government premises and in accordance with Japanese laws and regulations.

f. Chemical Spill Kits: At all chemical storage sites and at all other locations where chemicals are being transported or used, the Contractor shall maintain an industrial chemical-spill kit. Accidental spills of chemicals and fuels shall be immediately reported to the COR, and clean-up will be performed in accordance with the COR's instructions.

C.9 GROUNDS MAINTENANCE PLAN (GMP)

The Contractor shall develop and submit a comprehensive English-language Grounds

Maintenance Plan (GMP) that includes:

• Start-up plan

• Performance frequency for meeting the requirements of this BPA

• Monthly schedule tailored to local conditions and seasonal variations

Note: The Grounds Maintenance Plan shall be submitted as part of the offer.

C.9.1 Minimum CMP Content

At a minimum, the GMP shall address the following requirements:

a. Service Areas:

1. Mowing and Lawn Maintenance and Care (identify areas likely to be damaged by normal wear and tear as described in Section C.3.1.b)

2. Weeding

3. Pruning and Tree Care (identify areas where cherry picker equipment is required or affirm not needed)

4. Debris removal

5. Watering

6. Fertilizing

7. Pest and disease control

8. Flower beds, planters, and potted plants maintenance (including details of new plants and planting schedules) (see Sections C.3.8.a through c)

9. Pond maintenance

10. Bamboo fences

11. Cleaning tennis court, basketball court, children's play area and Ambassador's residence.

b. Monthly Format: The GMP shall be formatted by calendar months and tailored to local conditions addressing seasonal variations such as increased mowing in the summer and leaf removal in the fall.

c. Chemical Information: The GMP shall contain separate sections describing all chemicals (herbicides, pesticides, manufactured fertilizers) to be used and applicable

Hazard Assessments for each chemical.

d. Professional Review and Approval: Prior to submission, the GMP shall be reviewed and approved by a First-Class Landscaping Management Specialist licensed to perform work in the City of Tokyo. A copy of the specialist's current, valid license and written certification from the specialist confirming review and approval of the GMP shall be submitted with the document.

e. GMP Modifications: Nothing in this section precludes later adjustments mutually agreed upon by the Contractor and COR, provided such adjustments are formally reflected in written modifications to the GMP.

C.10 MONTHLY GROUNDS MAINTENANCE REPORT

The Contractor shall submit an English-language Monthly Grounds Maintenance Report no later than the fifth business day of each calendar month. The report shall address the following:

a. Deviations from the Grounds Maintenance Plan;

b. Schedule for the upcoming month if different from the Grounds Maintenance

Plan;

c. Chemical usage during the previous month including confirmation of initial schedule stated in the GMP;

d. Special circumstances such as actual or anticipated problems including damage to vegetation, damage to ornamental structures (includes planters, ponds, and stone lanterns), pollution, soil test results, and recommended corrective measures;

e. Suggestions, if any, for improving landscaping aesthetics and investment; and

f. Any other matters of a special or exceptional nature stemming from performance under this BPA.

g. Annual inspection by a professional tree doctor (report when completed)

h. monthly inspection by a professional lawn doctor (summary of findings)

h. Update Computer Aided Design (CAD) data of GMP (report when completed annually)

D. BPA ADMINISTATIVE REQUIREMENTS AND PROCEDURES

D.1 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 BPA. The role of the Government is to monitor quality to ensure that BPA standards are achieved.

Performance Objective Performance Threshold

Services

Performs all properties gardening and landscape maintenance services set forth in the SOW

95% of all required services performed and no more than two (2) customer complaints are received per month.

Reporting and Deliverables 100% of required reports and deliverables submitted by established deadlines.

D.2 SURVEILLANCE:

The COR will monitor performance through:

• Periodic site inspections of all properties to verify completion of required services

• Review of work schedules and service logs

• Documentation and validation of customer complaints

• Verification that services are performed in accordance with the Performance Work

Statement

• Review of all required reports for completeness, accuracy, and timeliness

• Verification that deliverables are submitted by established deadlines as specified in the BPA.

D.3 STANDARD:

If performance fails to meet the standards identified above, the COR will document the deficiency and notify the Contractor. The Contractor shall take prompt corrective action.

Repeated failure to meet response times, completion timelines, monitoring requirements, or reporting deadlines may constitute nonconforming services under FAR 52.212-4.

D.4 PROCEDURES:

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

COR.

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

(c) 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.

(d) 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.

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

(f) 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.

(g) The COR will consider…