Landscaping__and_Gardening_Solicitation_19KE5019Q0001.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PR8004616

PAGE 1 OF

1 of # 76

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

19KE5019Q0001

6. SOLICITATION ISSUE DATE

February 15, 2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Lance Posey, Contracting Officer

b. TELEPHONE NUMBER(No collect calls)

020-363-06000

8. OFFER DUE DATE/ March 21, 2019 LOCAL TIME 12 noon

9. ISSUED BY CODE 10. THIS ACQUISITION IS X UNRESTRICTED OR SET ASIDE:____ % FOR:

U. S. Embassy Nairobi, Kenya

123 Main Street

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

P.O. Box 606-00621, Village Market HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A) SIZE STANDARD:

11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

X RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

U. S. Embassy Nairobi, Kenya , Lance Posey , Contracting Officer

17a. Contractor/Offeror

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY

CODE

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

OFFER

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

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE 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

ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _3___ 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 HEREIN.

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 CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449

(REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212

TABLE OF CONTENTS

Section 1 - The Schedule

SF 18 or SF 1449 cover sheet

Continuation To SF-1449, RFQ Number 19KE5019Q0001, Prices, Block 23

Continuation To SF-1449, RFQ Number19KE5019Q0001, Schedule Of

Supplies/Services, Block 20 Description/Specifications/Work Statement

Attachment 1 RESERVED.

Attachment 2 Contractor Furnished Materials

Attachment 3 Unimproved Areas

Section 2 - Contract Clauses

Contract Clauses

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

Section 3 - Solicitation Provisions

Solicitation Provisions

Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in

Part 12

Section 4 - Evaluation Factors

Evaluation Factors

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

Section 5 - Representations and Certifications

Representations and Certifications

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

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER S- 19KE5019Q0001

PRICES, BLOCK 23

1. SCOPE OF CONTRACT

The Contractor shall perform gardening services, including furnishing all labor, material, equipment and services, for the U.S. Embassy Nairobi. The price listed below shall include all labor, materials, insurance (see FAR 52.228-3 and 52.228-5), overhead, and profit. The

Government will pay the Contractor the fixed price per month for standard services that have been satisfactorily performed.

After contract award and submission of acceptable insurance certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten

(10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start.

The performance period of this contract is from the start date in the Notice to Proceed and continuing for 12 months, with four (4), one-year options to renew. The initial period of performance includes any transition period authorized under the contract.

Temporary Additional Services are services that are defined as Standard Services but are required at times other than the normal workday. These services shall support special events at

Post. The Contractor shall provide Temporary Additional Services in addition to the scheduled services specified in this contract. The COR shall order Temporary Additional Services on an as needed basis. This work shall be performed by Contractor trained employees, and shall not be subcontracted. The COR may require the Contractor to provide Temporary Additional Services with 24 hour advance notice.

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

Minimum: The Government shall place orders totaling a minimum of 93 square meters. This reflects the contract minimum for the base year and option period.

Maximum: The amount of all orders shall not exceed 238,854 square meters. This reflects the contract maximum for the base year and each option period for temporary/additional services.

The Contractor shall include in its next regular invoice details of the Temporary Additional

Services, if applicable, provided and requested under Temporary Additional Services. The

Contractor shall also include a copy of the COR’s written confirmation for the Temporary

Additional Services.

2.0 PRICING

2.1 VALUE ADDED TAX

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

2.2 BASE PERIOD Firm Fixed Price For Landscaping Services

SR.No

Property

ID

Dimensions of area

(Square

Meter)

PRICE PER MNTH *

PRICE PER YEAR (12

MONTHS) **

1 R02002, Residence

18,920

2 R13013, 12,388

3 R600, Rosslyn

Ridge (common areas)

45,000

4 R16000

Chancery 16000

48,310

5 FBO 478- FBO

497 Shanzu

Gardens(common

1,669

6 R507 -514

(Rosslyn Villas

(common areas)

3,790

7 FBO557-560

Rockstone Villas

1,784

8 R516 (common

5,375

9 R546 (Vacant Lot)

2,787

10 FBO 553 (DAO 1,675

11 FBO 780-785 and

FBO 797 – 800

1,021

12 R5005, Makueni

13 FBO 847 New

Warehouse

14 R04004

Maintenance compound

15 FBO 815 (NEC

Overflow parking)

2,799

16 FBO 849 Swing

Space Parking Lot

4,181

17 FBO816/817

(Karura Avenue common

Compound -swimming pool area)

18 FBO854-861 Fair

Field Common

Areas

12,263

19 FBO834-835

(Royal Palm common areas)

1,329

20 FBO823-839

(Jaitan Villas

1,742

21 LE 388 DCM

SOM

1,302

A Totals ** 168,393

B Base Period Unit Firm-Fixed Price for Temporary Additional Services for this Contract:

B1.

Price per Square Meter* *

B2 Estimated Number of Square Meter for Base Period 238,854

B3 Total Temporary Additional Services Not To Exceed (NTE) Price ** for Base Period (Total = items B1x B2)

C Base Period Total for All Services (Total = items A +B3) **

*[Offeror/Bidder: Insert price]

**[Offeror/Bidder: Insert total price]

2.3 FIRST OPTION YEAR PRICES Firm Fixed Price For Landscaping Services

PRICE PER MONTH *

Chancery

16000

48,310

5 FBO 478- FBO

497 Shanzu

Gardens(comm on areas)

Rockstone

Villas (common

8 R516 (common 5,375

9 R546 (Vacant

Lot)

10 FBO 553 (DAO

Residence) 1,675

11 FBO 780-785

and FBO 797 –

800 (common

12 R5005, Makueni

Overflow parking)

Space Parking

Lot

(Karura Avenue common

Compound -

18 FBO854-861

Fair Field

Common Areas

12,263

19 FBO834-835

B Option Period 1 Unit Firm-Fixed Price for Temporary Additional Services for this

Contract:

B1.

Price per Square Meter* *

B2 Estimated Number of Square Meters for Option Period 1 238,854

B3 Total Temporary Additional Services Not To Exceed (NTE) Price for Option Period 1 (Total = items B1x B2) **

Option Period 1 Total for All Services (Total = items A +B3) **

2.4 SECOND OPTION YEAR PRICES

PRICE PER MTH *

PRICE PER YEAR (12 MTHS) **

Chancery 16000 48,310

5 FBO 478- FBO

497 Shanzu

Gardens(commo n areas)

9 R546 (Vacant

Lot)

Residence) 1,675

11 FBO 780-785

and FBO 797 –

800 (common

Space Parking

Lot

(Karura Avenue common

Compound -

Fair Field

Common Areas

12,263

19 FBO834-835

B Option Period 2 Unit Firm-Fixed Price for Temporary Additional Services for this

B1.

Price per Square Meter* *

B2 Estimated Number of Square Meters for Option Period 2 238,854

B3 Total Temporary Additional Services Not To Exceed (NTE)

Price for Option Period 2 (Total = items B1x B2) **

Option Period 2 Total for All Services (Total = items A +B3) **

2.5 THIRD OPTION YEAR PRICES

PRICE PER MNTH *

3 R600, Rosslyn

Ridge

(common

Chancery

16000

48,310

5 FBO 478-

FBO 497

Shanzu

Gardens(com mon areas)

(Rosslyn

Villas

(common

Rockstone

Villas

8 R516

9 R546

(Vacant Lot)

10 FBO 553

(DAO

Residence)

1,675

11 FBO 780-785

and FBO 797

– 800

12 R5005, Makueni

13 FBO 847

New

Warehouse

15 FBO 815

(NEC

16 FBO 849

Swing Space

Parking Lot

(Karura

Avenue common

Compound -swimming pool area)

Fair Field

Common

Areas

12,263

19 FBO834-835

(Royal Palm common

(Jaitan Villas common

B Option Period 3 Unit Firm-Fixed Price for Temporary Additional Services for this

B1.

Price per Square Meter* *

B2 Estimated Number of Square Meters for Option Period 3 238,854

B3 Total Temporary Additional Services Not To Exceed (NTE) Price for Option Period 3 (Total = items B1x B2) **

Option Period 3 Total for All Services (Total = items A +B3) **

2.6 FOURTH OPTION YEAR PRICES

Property ID

PRICE PER MONTH *

1 R02002, Residence

2 R13013, Residence

3 R600, Rosslyn Ridge

4 R16000 Chancery

16000 48,310

5 FBO 478- FBO 497

Shanzu

Gardens(common

6 R507 -514 (Rosslyn

Villas (common

9 R546 (Vacant Lot)

Residence) 1,675

11 FBO 780-785 and

FBO 797 – 800

Warehouse (common

Overflow parking)

Space Parking Lot

17 FBO816/817 (Karura

Avenue common

Compound -swimming pool area)

18 FBO854-861 Fair

Field Common Areas 12,263

19 FBO834-835 (Royal

Palm common areas)

20 FBO823-839 (Jaitan

Villas common

LE 388 DCM SOM

B Option Period 4 Unit Firm-Fixed Price for Temporary Additional Services for this Contract:

B1.

Price per Square Meter* *

B2 Estimated Number of Square Meters for Option Period 4 238,854

B3 Total Temporary Additional Services Not To Exceed (NTE) Price for Option Period 4 (Total = items B1x B2) **

Option Period 4 Total for All Services (Total = items A +B3) **

2.7 GRAND TOTAL

Base Year *

First Option Year *

Second Option Year *

Third Option Year *

Fourth Option Year *

Grand Total – Base plus All Option Years **

CONTINUATION TO SF-1449

RFQ NUMBER 19KE5019Q0001

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

1.1 PERFORMANCE WORK STATEMENT

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

1.2 GENERAL REQUIREMENTS

Maintenance and appearance of the grass, shrubbery, garden areas, trees, and related landscape elements of the U.S. Embassy Nairobi and properties are an important part of the representational responsibilities of the U.S. mission. The Government will measure the

Contractor’s work by the appearance of the landscape covered by this contract. The Contractor shall perform complete gardening and landscape maintenance services as described in this contract for all Government properties listed in 1.13. The Contractor shall include all planning, administration, and management necessary to assure that all services comply with the contract, the COR's schedules and instructions, and all applicable laws and regulations. The Contractor shall meet all of the standards of performance identified in the contract. The Contractor shall perform all related support functions such as supply, subcontracting, quality control, financial oversight, and maintenance of complete records and files.

1.3 MANAGEMENT AND SUPERVISION

1.3.1 SUPERVISION. The Contractor shall designate a representative who shall be responsible for on-site supervision of the Contractor's workforce at all times. This supervisor shall be the focal point for the Contractor and shall be the point of contact with U.S. Government personnel. The supervisor shall have sufficient English language skill to be able to communicate with members of the U.S. Government staff. The supervisor shall have supervision as his or her sole function. The supervisor shall collect field data using a checklist or other mechanism of the contractor’s choice. This data shall be used to monitor performance.

1.3.2 SCHEDULES. The Contractor shall maintain work schedules. The schedules shall take into consideration the hours that the staff can effectively perform their services without placing a burden on the security personnel of the Post. The Contractor shall deliver standard services between the hours of 7:30 AM and 4:30 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.

1.3.3 QUALITY CONTROL. The Contractor shall be responsible for quality control. The

Contractor shall perform inspection visits to the work site on a regular basis. These visits should be conducted by the Contractor or his/her assignee, but should not be performed by the site supervisor. The Contractor shall coordinate these visits with the COR. These visits shall be surprise inspections to those working on the contract.

1.3.4 TECHNICAL GUIDANCE. The Contractor shall have the services of a trained horticulturist with experience in the climate and soil conditions found locally to give technical guidance to the Contractor's work force and to develop and guide the Contractor's programs for lawn and tree care and landscaping services.

1.3.5 GROUNDS MAINTENANCE PLAN. The Contractor shall submit an annual Grounds

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

Maintenance Plan to the COR for approval within 10 days after contract award.

1.4 LAWN CARE

1.4.1 SOIL TEST. The Contractor shall test the soil (PH) and levels of major Nutrients to include Phosphorus, Potassium, Nitrogen, Magnesium, and Calcium. This test shall be conducted the first week of the contract award and when establishing a new lawn or beginning care of an established lawn.

1.4.2 GRASS MOWING. The contractor shall use proper equipment that must be in good working condition as recognized by standard industry best practice. The Contractor shall maintain the height of grass between 6.5cm and 9cm. The Contractor is responsible for all equipment and fuels. While mowing, there shall be no damage to items such as irrigation sprinklers, stand pipes, and other installations on the premises.

(a) The Contractor shall maintain a deep green healthy grass color before and after mowing. Grass that is below 5 cm in height tends to weaken the turf and leads to brown patches. After mowing, all cuttings must be utilized as mulch and the rest composted.

(b) After mowing, uneven areas of the lawn that result in a height of less than 5 cm must be re-graded, leveled, and compacted to ensure uniform grass height.

1.4.3 EDGING. The Contractor shall edge all sidewalks, driveways, and curbs each time the adjacent grass is cut. Edging must be done using appropriate tools. Edge trimmers should be used, not machetes. This applies to all lawns, sidewalks, driveways and curbs.

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

1.4.5 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 and grass in the cracks and joints within or along sidewalks and curbs. The Contractor shall obtain approval through the COR from the safety officer (Post Occupational Safety Health Officer-POSHO) for all applications of weed killers.

(a) Herbicides to be used shall be clearly specified and submitted in writing to the

COR for approval prior to commencement of work. The submittal shall include the following information:

1) Targeted weeds ;

2) Common name and the registration number by the U.S. Environmental

Protection Agency (EPA), for each herbicide product;

3) Rate and method of application and formulation for each job (e.g., water soluble spray, gram/square meter); and,

4) Any special precautions not on the label that must be taken to prevent environmental damage or herbicide injury.

The Contractor shall dispose of all excess herbicide and empty containers at approved locations in accordance with Kenyan laws and regulations. These items should not be disposed on U.S.

Government controlled premises. All unused chemical water solutions shall be disposed of in accordance with Kenyan laws and regulations.

(b) Records and Reports. The Contractor shall prepare, maintain, and submit daily records of all weed control operations for safety. The Contractor shall furnish the reports to the COR with other monthly reports, showing the results of herbicide application plan.

1.4.6 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. The Contractor shall also replace previously existing grass that has died due to inadequate water, excessive foot traffic, sun, or flooding. The

Contractor shall ensure that all identified grass areas be repaired. The Contractor shall take any precautions necessary to protect newly sodded areas such as providing and erecting temporary fences and posting signs. All materials for such precautions shall be provided by the contractor.

Dethatching should be performed once the lawn has more than 1.27 cm deep thatch layer in the soil. The contractor shall remove the thatch using lawn aerators or other mechanical devices.

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

1.5 PRUNING

1.5.1 The Contractor shall maintain trees, shrubs, hedges, bushes, vines, ground cover and flowers. General pruning shall include dead limbs, dead flowers and leaves, overgrown branches, irregular growth and branches that are at risk of falling. For hedges and shrubs that line the perimeter wall, a two foot gap must be maintained between the razor wire or electric fence and the vegetation. Trees must be pruned to remove dead or dangerous branches, and maintained to promote healthy growth regardless of the height of the tree.

1.5.2 The Contractor shall prepare a written schedule, as part of the Grounds Maintenance

Plan, showing the method, frequencies, and dates of pruning. The schedule shall be submitted 10 days after date of contract award and monthly during the period of performance of the contract to the COR.

1.5.3 The Contractor shall prune all shrubs, vines, bushes, ground cover, and trees to: direct and encourage plant growth in directions desired, remove dead and unsightly growth, and maintain a neat and attractive appearance. The Contractor shall prune according to the schedule in the 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. During pruning, any cuts greater than 25 mm in diameter, shall be covered with a commercial tree wound dressing compound to protect against rotting, insect entry, or disease.

1.5.4 At no additional cost to the Government, the Contractor shall replace any tree, bush or shrub that is killed or rendered unusable for its intended purpose through negligent or irresponsible practices that are attributable to the Contractor. Negligence includes not providing sufficient moisture for the healthy growth of the flowers, shrubs, trees, and lawn. The contractor shall be responsible for replacing plants and bushes that perish with an equivalent product.

1.6 LEAF REMOVAL

The Contractor shall, on a weekly basis, remove leaves and pine needles from the properties listed under 1.19.

1.7 RECYCLED MATERIALS

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

1.8 REMOVAL OF DEBRIS

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.

The Contractor shall provide and maintain a garden waste container (bin) of not less than the following size: 48" x 71.5’x 72" x 60" per location.

1.9 WATERING

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

1.9.2 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.

1.9.3 The Contractor shall provide all hoses, portable sprinklers, and other similar irrigation equipment. These must be maintained in good order to avoid water wastage arising from leaks.

The water devices like sprinklers must not be left unattended to avoid uncontrolled watering.

1.9.4 The Government shall furnish the supply of water.

1.10 FERTILIZER

1.10.1 The Contractor shall fertilize and lime the soil to promote proper health, growth, color, and appearance of cultivated vegetation, following proper horticultural practice for the types of vegetation, soil, weather conditions, and seasons of the year. For artificial fertilizers, Material

Safety Data Sheets (MSDS) must be submitted to the safety officer- (Post Occupational Safety

Health Officer (POSHO) for approval before they are used.

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

1.10.3 The Contractor shall fertilize the lawn, trees, shrubs, bushes, hedges and plants based on the condition of the soil and at a minimum of two times per year. Organic fertilizer is preferred.

1.10.4 The Contractor shall apply weed killer once a year. If weed killer is not required, the

Contractor shall request a waiver in writing from the COR.

1.11 PEST AND DISEASE CONTROL

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

Contractor shall obtain approval from the safety officer (POSHO) Post Occupational Safety

Health Officer through the COR for all pesticides.

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

Maintenance Plan.

a. The plan submittal shall include the following points as a minimum:

i. Target pests;

ii. Common name and the registration number by the Ministry of

Agriculture, Kenya or U.S. Environmental Protection Agency (EPA), for each pesticide product;

iii. Rate of application and formulation for each job (e.g., gram/square meter);

iv. Schedule of application; and,

v. Any special precautions not on label that shall be taken to prevent environmental damage or pesticide injury.

b. Target pest and plant diseases to be controlled are as follows:

i. Pest: Tent caterpillars, pine caterpillars, scale insects, fall webworms, aphids, gypsy moths, spider mites, and other common pests.

ii. Plant Disease: Scab, rots, mildew, etc.

c. Pesticide Application. During preparation and application, the Contractor shall;

i. Keep safety equipment and spill kit available:

ii. Never leave equipment unattended while filling to prevent overflow;

iii. Use back flow preventers on hoses when connected to water outlets when filling spray tank; and,

iv. Inspect equipment and the area during application to insure proper and safe treatment.

d. Pesticide spills and decontamination. The Contractor shall be responsible for properly cleaning, decontaminating, and reporting pesticide spills.

e. Remove and dispose of all excess pesticides, debris and empty containers off the

U.S. Government controlled premises at approved facilities for such disposal in accordance with Kenyan laws and regulation.

f. Rinse water may be developed in a spray operation. The Contractor shall either empty the tanks by spraying on the treatment site, collect the rinsing for future use, or save for disposal in accordance with Kenyan laws and regulation.

Records and Reports: The Contractor shall prepare, maintain, and submit daily records of all pest control operations for safety and effect. The Contractor shall furnish the reports to the COR within five working days of pesticide application, showing the results of a pesticide application plan.

1.12 HAZARDOUS AND TOXIC SUBSTANCES.

It is the Contractor's responsibility to ensure the safe handling, application, removal and environmentally sound disposal of all hazardous or potentially hazardous fertilizers, weed killers, and pest control products utilized in this requirement. The Contractor shall report all incidences of chemical safety mishap to the safety officer (POSHO- Post Occupational Safety Health

Officer) through the COR.

1.13 GENERAL CLEARING

The Contractor shall clear all premises, including lawn areas, shrubbery, roads, walkways, stairs and parking lots by removal of debris such as paper, tree limbs, and branches, cans, bottles, animal droppings and other trash on a daily basis. Accumulated debris and weeds in in joints, ditches, cracks, gutter, wall stones, manholes, drainage and pavement shall be removed.

1.14 TENNIS/BASKETBALL COURT CLEARING

The Contractor shall keep the tennis courts and basketball court at Rosslyn Ridge R600 (line item 3) and CMR R02002 (Line item 1) compounds, free of leaves and debris. The Contractor shall clean the tennis courts and basketball court by sweeping two times per week.

1.15 FOOTBALL FIELD AND CHILDREN’S PLAY AREA

The Contractor shall maintain the Rosslyn football field lawn area and keep the children’s play area at Rosslyn Ridge R600 (line item 3) and Shanzu FBO 478-FBO 497 (line item 5)

Compound, free of leaves and debris. The football field lawn care and children’s play area sweeping shall be part of the monthly grounds maintenance schedule.

1.16 INDOOR POTTED / MOVABLE PLANTS

The contractor shall provide regular maintenance to all movable plants in all office buildings, club houses in Shanzu FBO 478-FBO 497 (line item 5) and Rosslyn Ridge R600 (line item 3) compounds, commissaries (Chancery R16000 to include the USAID Building- line item 4 and

Rosslyn Ridge R600- line item 3), CMR R02002 (line item 1), R04004 Maintenance Compound

(line item 14), and DCMR R13013 (line item 2). This includes replacement of un-healthy flowers, pest control and watering.

1.17 UNIMPROVED AREAS

The attached site plans (see Attachment 3 – Unimproved Areas) indicate areas of the Chancery compound & retention pond, CMR, DCR, Rosslyn Ridge, Rosslyn Lone Tree, Locab, and satellite parking areas that are not lawn or garden areas. In general these are steeply sloping areas where lawn has not been introduced or cultivated. These are referred to as unimproved areas. The specifications of this contract apply to the unimproved areas, with the exception of the lawn care, trimming, edging, and watering. Debris removal, weed and pest control, and tree and shrub trimming and pruning specifications all apply. Grass shall be maintained in these areas so that it does not exceed seventeen (17) cm in height.

1.18 FLOWERBED AND PLANTER BOX MAINTENANCE

The Contractor shall maintain the established flowerbeds and planters at the R16000 (line item

4), R02002 (line item 1), R04004 (line item 14) and R13013 (line item 2). The flowering annual plants, except flowering perennial plants, shall be replaced three (3) times per year with those of seasons. The flowering perennial plants shall be replaced at times as required to maintain the flowerbeds for good appearance.

1.19 LOCATIONS FOR LANDSCAPING, GARDENING AND CLEARING SERVICES

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

# Property ID Location Name Physical Address

1 R02002 Residence Muthaiga Rd

2 R13013 Residence Kyuna Rd

3 R600 Rosslyn Ridge (Common areas) Limuru Rd

4 R16000 Chancery 16000 UN Avenue

5 FBO 478- FBO 497 Shanzu Gardens(common areas) Shanzu Rd. Hill

6 R507 -514 Rosslyn Villas (Common areas) Rosslyn Lone tree

7 FBO557-560 Rockstone Villas (common areas) Runda Estate

8 R516 GOP-R516(common areas) Runda Estate

9 R546 GOP R546 Runda Drive

10 FBO 553 FBO 553( DAO head) Runda Estate

11 FBO 780-785 and

FBO 797 - 800 FBO780-785 and 797 - 800 (Common areas) Kiambu Road

12 R5005 Makueni compound (common areas) Makueni Rd

13 FBO 847 New warehouse Ridge ways

14 R04004 Maintenance Compound R04 Peponi Rd

15 FBO 815 NEC Overflow parking 815 UN Avenue

16 FBO 849 FBO 849 Swing space Parking Lot UN avenue

17 FBO816/817 Common Compound :816/817( swimming pool area) Karura

18 FBO854-861 Fair Field Lone Tree 854-861(Common areas) Limuru Road

FBO834-835

Royal Palm :834-835(Common areas) Hill View Rise

20 FBO823-839 Jaitan Villas: 823-839 (Common areas) Brookside

21 LE 388 LE 388( SOM) Red Hill Nyari

Note: Common areas work instructions: All common areas require limited ground maintenance which includes items: 1.4, 1.5, 1.7 1.8, and 1.13.

2. WORKING HOURS

All work shall be performed during the hours of 7:30 AM and 4:30 PM Monday through Friday except for the holidays identified in the Addendum in Section 2. Other hours may be approved by the Contracting Officer's Representative. The Contractor must provide at least 24 hour advance notice to the COR who will consider any deviation from the hours identified above. All standard services are to be delivered on regular Post working days.

3. DELIVERABLES

The following items shall be delivered under this contract:

DELIVERABLE DUE DATE

Ground Maintenance Plan (1.3.5)

10 days of contract award and monthly during the period of performance of the contract.

Pruning Schedule (1.5)

10 days after date of contract award and monthly during the period of performance of the contract.

Weeding Records and Reports (1.4.5) Daily records and Monthly reports

Pest Control Records and Reports (1.11)

Monthly report and daily records and

Submitted to COR within 5 working days.

Names, biographic data, police clearance of contractor personnel (4.4.1) 5 days after date of contract award

Invoice Submission See Clause: 652.232-70 Monthly

Certificate of Insurance (5.1-5.8) 7 days after date of contract award

Transition Plan 7.0 5 days after date of contract award

4. PERSONNEL REQUIREMENTS

4.1 GENERAL. The Contractor shall maintain discipline at the site and shall take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by Contractor employees at the site. The Contractor shall preserve peace and protect persons and property on site. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional costs to the

Government.

4.2 STANDARD OF CONDUCT

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

Contracting Officer's Representative (COR).

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

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

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

4.2.5 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.

4.2.6 KEY CONTROL. The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., for the purposes of this contract.

The Contractor shall not duplicate keys without the COR's approval. Where it is determined that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from this contract. If the Contractor has lost any such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimburse the Government for the cost of rekeying that portion of the system.

4.3. NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

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

4.4 PERSONNEL SECURITY

4.4.1 After award of the contract or 10 days before contract effective date, the Contractor shall provide the following list of data on each employee who will be working under the contract. The

Contractor shall include a list of workers and supervisors assigned to this project. The

Government will run background checks on these individuals. It is anticipated that security checks will take 30 days to perform. For each individual the list shall include:

Full Name

Place and Date of Birth

Current Address

Identification number

Police clearance of Contractor Personnel

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

Contractor personnel shall display identity card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the US Government. The

Contractor is responsible for their return at the end of the contract, when an employee leaves

Contractor service, or at the request of the Government. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual.

4.5 MATERIALS AND EQUIPMENT

The Contractor shall provide all necessary gardening supplies and equipment, including rakes, lawn mowers, hoe, pitchfork, pruning shears, fertilizers to perform the work identified in

Attachment 2.

5. INSURANCE

5.1 AMOUNT OF INSURANCE

The Contractor is required to provide whatever insurance is legally necessary. The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

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

(a) Bodily Injury stated in US Dollars:

Per Occurrence $100,000

Cumulative $200,000

(b) Property Damage stated in US Dollars:

Per Occurrence $20,000 Cumulative $50,000

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

5.4 The Contractor shall provide Defense Base Act (DBA) insurance covering their employees working on the contract to include American citizens, Individuals hired in the United

States or its possessions, regardless of citizenship, Host Country Nationals (HCNs) and Third

Country Nationals (TCNs) working on the contract. The Contractor shall obtain DBA insurance directly from any Department of Labor approved providers at the DOL website at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

5.5 The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to: any property of the Contractor, its officers, agents, servants, employees, or any other person, arising from and incident to the Contractor's performance of this contract. The http://www.dol.gov/owcp/dlhwc/lscarrier.htm

Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

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

5.7 Government as Additional Insured. The general liability policy required of the

Contractor shall name "the United States of America, acting by and through the Department of

State," as an additional insured with respect to operations performed under this contract.

5.8 Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within seven (7) days after contract award. The

Government may rescind or terminate the contract if the Contractor fails to timely submit insurance certificates identified above.

6. LAWS AND REGULATIONS

6.1 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.

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

7. TRANSITION PLAN

Within 5 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.

8. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The

QASP provides a method for the Contracting Officer's Representative (COR) to monitor

Contractor performance, advise the Contractor of unsatisfactory performance, and notify the

Contracting Officer of continued unsatisfactory performance. The Contractor, not the

Government, is responsible for management and quality control to meet the terms of the contract.

The role of the Government is to monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work Para Performance Threshold

Services.

Performs all gardening services set forth in the scope of work.

1. thru 2.7. All required services are performed and no more than one

(1) customer complaint is received per month.

Adherence to approved Ground

Maintenance Plan deliverables

1.3.5 Performance expected at 100 %.

Max two non- compliance notifications to remedy within

10 days, and in default, pro-rated deductions using quoted rates per square Meter.

Adherence to Pruning 1.5 Max two non- compliance notifications to remedy within 5 days, and in default, any overgrown or trees or shrubs that need attention will be contracted to another vendor and the cost deducted from the defaulting vendor’s invoice.

Adherence to Pest Management 1.11 Max two non- compliance notifications to remedy within 5 days, and in default, any pest infestation will be contracted to a commercial vendor and the cost deducted from the defaulting vendor’s invoice

(a) 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.

(b) 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.

(c) PROCEDURES.

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

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

(3) The COR determines the complaint is invalid, the COR will advise the complainant. The

COR will retain the annotated copy of the written complaint for his/her files.

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

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

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

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

(8) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the

Contracting Officer for appropriate action under the Inspection clause.

(9) If the contractor is in partial default of the ground maintenance plan deliverables, the area in default will be assessed by the Contracting Officer Representative and measured in square meters. On expiry of the agreed remedy period (up to a maximum of 10 days), a pro-rated deduction will be calculated based on the quoted temporary additional services price (per square meter). Similar deductions will continue each month until the default is remedied to the satisfaction of the Contracting Officer.

ATTACHMENT 1

RESERVED

ATTACHMENT 2

CONTRACTOR FURNISHED MATERIALS

The Contractor shall provide all equipment, materials, supplies, and clothing required to perform the standard and temporary additional services as specified in this contract. Such items include, but are not limited to uniforms, personnel equipment, tools, cleaning supplies, equipment and any other operational or administrative items required for performance of the duties and requirements of this contract. The Contractor shall maintain sufficient parts and spare equipment for all Contractor-furnished materials to ensure uninterrupted service.

List of landscaping tools/Equipment

Lawnmower, dethatching machines, hedge trimmers, Bush cutters

Ladders, tag lines

Leaf rake

Slashing tools

Digging Fork

Machete

Shears

Secateurs

Brooms

Water-hose and sprinklers

Safety Gear: Goggles, Safety Boots, Safety Boots, Gloves, work gear

Pruning saw, Power saws

ATTACHMENT 3

UNIMPROVED AREAS

These are referred to as unimproved areas. The specifications of this contract apply to the unimproved areas, with the exception of the lawn care, trimming, edging, and watering. Debris removal, weed and pest control, and tree and shrub trimming and pruning specifications all apply. Grass shall be maintained in these areas so that it does not exceed seventeen (17) cm in height.

1. Waste water treatment plant, waste water pond vegetation and the surroundings -1,394 square meters;

2. CMR – Area below the rear parking lot, and tennis courts- 11,148 square meters;

3. DCMR – Area from the Servant quarter to the fence by Lower Kabete- 9,290 square meters;

4. Rosslyn Ridge – Lowest area facing Limuru Road-11,613 square meters;

5. Rosslyn Lone Tree – lowest area from the last two houses to Limuru Road- 8,361 square

Meters;

6. Locab compound vacant lot- 2,787 square meters.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS

(OCT 2018), is incorporated by reference (see SF-1449, Block 27A).

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders -

Commercial Items (OCT 2018) and (Deviation 2017-02) (June 2017)

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

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

_ (3a) 52.203-17 Contractor Employee Whistleblower Rights And Requirement To Inform

Employees Of Whistleblower Rights (Apr 2014)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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