RFQ 19KE5025Q0008 Landscaping and Gardening Services.pdf

EMBASSY OF THE

UNITED STATES OF AMERICA

UN AVENUE, GIGIRI

NAIROBI, KENYA

LETTER TO PROSPECTIVE OFFERORS

Date: January 17, 2025

Dear Prospective Quoter:

Subject: LANDSCAPING AND GARDENING SERVICES 19KE5025Q0008

Enclosed is a Request for Quotations (RFQ) for Landscaping and Gardening Services. If you would like to submit quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the

Standard Form 1449 that follows this letter.

The U.S. Government intends to award a contract to the responsible offeror representing best value using comparative evaluation authorized under FAR 13.106-2(b) (3). A comparative evaluation is defined as the act of comparing two or more offers in response to the RFQ. The item-by-item comparison is performed by comparing each offer directly to one another to determine which provides the best value to the Department.

Comparative evaluation is NOT a low price technically acceptable (LPTA) or trade-off process.

Prospective offers must still meet basic standards for responsibility at FAR 9.104 and solicitation compliance to be eligible for award. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions with companies if there is a need to do so.

The Embassy intends to conduct a pre-quotation conference at the site, The pre-proposal conference will be held on February 3, 2025, 10:00 am (local time) at the U.S. Embassy

Nairobi. Send names and Identity number of representatives for the site visit by 8 AM January

30th, 2025, to be granted access to the pre-proposal conference.

Quotations are due by February 17, 2025, 4:00 p.m. East Africa Time. No quotations will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.

Your quotation must be submitted electronically to NairobiGSO-Contracts@state.gov . It is important to make sure the submission is made in specific size and format; in MS-Word

2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed the 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

mailto:NairobiGSO-Contracts@state.gov

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

1. SF-1449

2. Section I, Pricing

3. Section 5 Representations and Certifications

4. Additional information as required in Section 3

5. Proof of SAM Registration

Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102.

Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.

Sincerely, Leslie Marks

Contracting Officer

Enclosure:

https://www.sam.gov/

TABLE OF CONTENTS

SECTION 1 – THE SCHEDULE

• SF 1449 cover sheet

• Continuation To SF-1449, RFQ Number 19KE5025Q000819KE5025Q0008 Continuation To

SF-1449, RFQ Number 19KE5025Q000819KE5025Q0008 , Schedule of Supplies/Services, Block 20 Description/Specifications/Work Statement

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

Furnished Property

SECTION 2 – CONTRACT CLAUSES

• Contract Clauses

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

SECTION 3 – SOLICITATION PROVISIONS

• Solicitation Provisions

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

SECTION 4 – EVALUATION FACTORS

• Evaluation Factors

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

SECTION 5 – REPRESENTATIONS AND CERTIFICATIONS

• Offeror Representations and Certifications

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

Prescribed in Part 12

SECTION 1 – SF-1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PR12314860

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE :

4. ORDER NUMBER

5. SOLICITATION NUMBER

19KE5025Q0008

6. SOLICITATION ISSUE

DATE

January 17, 2025,

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Leslie Marks

b. TELEPHONE NUMBER(No collect calls)

254-02024216

8. OFFER DUE DATE/

LOCAL TIME

February17, 2025 4:00pm

9. ISSUED BY

CODE

KE500 10. THIS ACQUISITION

IS

UNRESTRICTED

OR

SET ASIDE:____ %

FOR:

AMERICAN EMBASSY NAIROBI

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

U.N AVENUE GIGIRI

P.O BOX 606,00621

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

ATT: GSO PROCUREMENT

NAIROBI KENYA

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A)

SIZE STANDARD:

11. DELIVERY FOR FOB

DESTINAT-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

A

RATED ORDER

UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

AMERICAN EMBASSY NAIROBI

U.N AVENUE GIGIRI GSO

NAIROBI KENYA

AMERICAN EMBASSY NAIROBI

U.N AVENUE GIGIRI, P.O BOX 606,00621

ATTN: GSO PROCUREMENT NAIROBI, KENYA

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY NAIROBI

U.N AVENUE GIGIRI, P.O BOX 606,00621,

NAIROBI, KENYA

ATT: FINANCIAL MANAGEMENT OFFICE

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.

UNI

T

23.

UNIT PRICE

24.

AMOUNT

Landscaping and Gardening – see the attached SF1449 continuation sheets

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

____ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON

ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED 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)

Leslie Marks

31c. DATE SIGNED

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER - 19KE5025Q0008

PRICES, BLOCK 23

1. SCOPE OF CONTRACT

The Contractor shall perform landscaping and 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, one-year options to renew. The initial period of performance includes any transition period authorized under the contract.

2.0 PRICING

2.1 VALUE ADDED TAX

VALUE ADDED TAX.

The Government will not reimburse the Contractor for Value Added Tax (VAT) under this contract. All taxable supplies (goods and services) to the United States Embassy in Kenya are exempt from Value Added Tax. See the VAT Act, 2013, 2nd Schedule, Part B ‘Zero Rates Supplies to Public Bodies, Privileged persons and Institutions’, para (3). Vendors are therefore required to present invoices without a tax element, i.e., indicate 0% VAT on all invoices. The Purchase Orders or Contracts issued by the United States Embassy will serve as the basis for Zero Rating when vendors are accounting for VAT with the Kenya Revenue Authority.

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF

2010 NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS

SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT TO AN EXCISE

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

2.2. BASE PERIOD

BASE PERIOD PRICES Firm Fixed Price for Landscaping and Gardening Services

Property Id

Dimension

Of Area

(Square

Meter)

Price Per Month *

Kshs

Price Per Year

(12 Months) ** Kshs

Improved Areas

1 R13013, Residence

12,388

2 R02002 Residence 18,919.7

3 R600, Rosslyn Ridge

(common areas)

45,000

4 R16000 Chancery

16000

48,310

5 R17000 Northan

Parking Lot

1400.0

6 R17000 Western

Parking Lot

5,105.4

7 R507 -514 (Rosslyn

Villas (common areas)

3,790

8 FBO557-560

Rockstone Villas

1,784

9 R516 (common areas)

5,375

10 R546 (Vacant Lot)

2,787

11 KNOX (New Oak

Garden)

9,175

12 FBO 847 New

Warehouse (common areas)

13 R04004 Maintenance compound

14 FBO 815 (NEC

Overflow parking)

2,799

15 FBO 849 Swing Space

4,181

16 FBO854-861 Fair Field

Common Areas

12,263

A Totals 174,695

Unimproved Areas 1.17

17. Chancery -Waste water treatment plant, waste water pond vegetation and the surroundings

1,394

18. CMR – Area from the

Servant quarter to the fence by Lower Kabete

9,290

19. Rosslyn Ridge –

Lowest area facing

Limuru Road

11,613

20. Rosslyn Lone Tree – lowest area from the last two houses to

Limuru Road

8,361

B Totals 30,658

Base Year Sub Totals 205,353

2.3. FIRST OPTION YEAR PRICES Firm Fixed Price for Landscaping and Gardening

Services

Of Area

16000

48,310

Parking Lot

5,105.4

Common Areas

12,263

A Totals 174,695

Unimproved Areas 1.17

17. Chancery -Waste water treatment plant, waste water pond vegetation and the surroundings

1,394

18. CMR – Area from the

Servant quarter to the fence by Lower Kabete

9,290

19. Rosslyn Ridge –

Lowest area facing

Limuru Road

11,613

20. Rosslyn Lone Tree – lowest area from the last two houses to

Limuru Road

First Option Year Sub Totals 205,353

2.4 SECOND OPTION YEAR PRICES Firm Fixed Price for Landscaping and Gardening

Of Area

16000

48,310

Parking Lot

5,105.4

Common Areas

12,263

A Totals 174,695

Unimproved Areas 1.17

17. Chancery -Waste water treatment plant, waste water pond vegetation and the surroundings

1,394

18. CMR – Area from the

Servant quarter to the fence by Lower Kabete

9,290

19. Rosslyn Ridge –

Lowest area facing

Limuru Road

11,613

20. Rosslyn Lone Tree – lowest area from the last two houses to

Limuru Road

Second Option Year Sub Totals 205,353

2.5 THIRD OPTION YEAR PRICES Firm Fixed Price for Landscaping and Gardening

Of Area

16000

48,310

Parking Lot

5,105.4

Common Areas

12,263

A Totals 174,695

Unimproved Areas 1.17

17. Chancery -Waste water treatment plant, waste water pond vegetation and the surroundings

1,394

18. CMR – Area from the

Servant quarter to the fence by Lower Kabete

9,290

19. Rosslyn Ridge –

Lowest area facing

Limuru Road

11,613

20. Rosslyn Lone Tree – lowest area from the last two houses to

Limuru Road

Third Option Year Sub Totals 205,353

2.6 FOURTH OPTION YEAR PRICES Firm Fixed Price for Landscaping and Gardening

Of Area

16000

48,310

Parking Lot

5,105.4

Common Areas

12,263

A Totals 174,695

Unimproved Areas 1.17

17. Chancery -Waste water treatment plant, waste water pond vegetation and the surroundings

1,394

18. CMR – Area from the

Servant quarter to the fence by Lower Kabete

9,290

19. Rosslyn Ridge –

Lowest area facing

Limuru Road

11,613

20. Rosslyn Lone Tree – lowest area from the last two houses to

Limuru Road

Fourth Option Year Sub Totals 205,353

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 19KE5025Q0008

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

1. PERFORMANCE WORK STATEMENT

The purpose of this contract is to obtain gardening services for real property owned or managed by the U.S. Government at 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. Post and properties are an important part of the representational responsibilities of the U.S. mission. The Government will measure the Contractor’s work by the appearance of the landscape covered by this contract. The Contractor shall perform complete gardening and landscape maintenance services as described in this contract for all Government properties listed in 1.13. The Contractor shall include all planning, administration, and management necessary to assure that all services comply with the contract, the COR's schedules and instructions, and all applicable laws and regulations. The Contractor shall meet all of the standards of performance identified in the contract. The Contractor shall perform all related support functions such as supply, subcontracting, quality control, financial oversight, and maintenance of complete records and files.

1.3. MANAGEMENT AND SUPERVISION

1.3.1. SUPERVISION

The Contractor shall designate a representative who shall be responsible for on-site supervision of the Contractor's workforce at all times. This supervisor shall be the focal point for the

Contractor and shall be the point of contact with U.S. Government personnel. The supervisor shall have sufficient English language skill to be able to communicate with members of the U.S.

Government staff. The supervisor shall have supervision as his or her sole function.

1.3.2. SCHEDULES

The Contractor shall maintain work schedules. The schedules shall take into consideration the hours that the staff can effectively perform their services without placing a burden on the security personnel of the Post. The Contractor shall deliver standard services between the hours of 7:30 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. 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 the Grounds Maintenance Plan to the COR for approval within 30 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, standpipes, 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.

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.

(a) 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 the pricing tables 2.2 to 2.6.

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 of the COR for all pesticides. 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) compound, 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), free of leaves and debris. The football field lawn care and children’s play area sweeping shall be part of the monthly ground’s maintenance schedule.

1.16 INDOOR POTTED / MOVABLE PLANTS

The contractor shall provide regular maintenance to all movable plants in all office buildings, club houses and Rosslyn Ridge R600 (line item 3) compounds, commissaries (Chancery R16000 to include the USAID and OAK(KNOX) Building- line item 4 and Rosslyn Ridge R600- line item 3), 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 retention pond, DCR, Rosslyn Ridge, Rosslyn Lone Tree, Lochab, 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), 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. LOCATION FOR GARDENING SERVICES

All standard services are to be delivered on regular Post working days at properties as detailed under pricing tables 2.2 to 2.6

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.

3.0 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.

PERSONNEL SECURITY

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

Attachment A.

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

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

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

6.5 The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

any property of the Contractor, its officers, agents, servants, employees, or any other person, arising from and incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

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

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

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

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

6.8 Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within ten (10) days after contract award. The

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

7. LAWS AND REGULATIONS

7.1 Without additional expense to the Government, the Contractor shall comply with all laws, codes, ordinances, and regulations required to perform this work. If there is a conflict between the contract and requirements of local law, the Contractor shall promptly advise the Contracting

Officer of the conflict and of the Contractor's proposed course of action for resolution by the

Contracting Officer.

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

8. TRANSITION PLAN

Within 5days 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.

9. 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 8

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) No person or agency other than the Contracting Officer (CO) is authorized to give instruction, orders, or directions on behalf of the Government to the Contractor or his employees, unless such person or agency is authorized in writing by the CO to so act. The authority of such person or agency is strictly limited to the written authorization provided by the CO. The duty is upon the

Contractor to determine the authority of such person or agency. Any questions regarding the authority of such person or agency should be directed to the CO in writing. Page 3 of 3

(b) Contracting Officer’s Representative (COR): The CO may designate and authorize a representative(s) to act on his/her behalf under this contract. Such representative(s) as may be appointed shall be designated by a letter from the CO and a copy of the letter shall be given to the Contractor. The COR shall represent the CO as specified in his/her delegation of authority letter. The COR shall not be authorized to issue change orders or adjustments. Changes in the

Scope of Work/Specifications or any increase or decrease in the work called for by this contract shall be made by the CO by an executed modification to this contract.

(c) 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.

(d) 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.

(e) PROCEDURES.

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

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

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

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

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

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

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

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

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

Contracting Officer for appropriate action under the Inspection clause.

(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

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, edge trimmers, 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

SECTION 2 - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(NOV 2021) IS INCORPORATED BY REFERENCE. (SEE SF-1449,

BLOCK 27A)

1 52.212-5 Contract Terms and Conditions Required To Implement Statutes or

Executive Orders—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Products and Commercial Services (Jan 2025)

(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 products and commercial services:

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

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L.

115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services:

_X_(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun

2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov

2021) (41 U.S.C. 3509)).

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

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900

_X_(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__(6) [Reserved].

__(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

__(8) 52.204-15,…