Gardening__19KS7018Q0003.docx

U.S. Embassy Seoul General Services Office Tel. 82-2-397-4754 Fax: 82-2-397-4744

Date: February 6, 2018

Dear Prospective Offerors:

Subject: Solicitation Number 19KS7018Q0003, Gardening Services

Enclosed is a Request for Quotations (RFQ) for Gardening Services.

If you would like to submit a quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it in electronic format to the Contracting Office as shown on the block 15 of the Standard Form1449 that follows this letter.

The U.S. Embassy Seoul intends to award a contract to the responsible company submitting an acceptable quotation at the lowest price. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

The Embassy intends to conduct a pre-quotation conference on February 22, 2018 at 14:00 Korea Standard Time at the General Services Office (GSO) Green Room at #10, Namyoung-dong, Yongsan-gu, Seoul, Korea. A site visit will be done right after the pre quotation conference.

If you intend to participate in the pre-quotation conference/site visit, please contact Jahwon Angela Lee (Tel. 82-2-397-4762, Fax: 82-2-397-4744, email: leejahwon@state.gov) to make necessary arrangement for access to GSO no later than February 19, 2018 at 17:00 Korea Standard Time. Offerors are requested to limit the number of participants to two persons per company. Please be sure to bring the solicitation document with you to the conference. No extra copies will be available at the conference.

Any questions concerning the solicitation should be submitted in writing by February 19, 2018 at 17:00 Korea Standard Time via email to SeoulProposals@state.gov or fax to 82-2-397-4744.

Quotations are due by March 19, 2018 at 17:00 Korea Standard Time. No quotations will be accepted after this time. Only the electronic submission of the quotation will be accepted. Please submit your quotation addressed only to the Contracting Office by email at SeoulProposals@state.gov. Please separate the technical quotation from the pricing information as well as the Section 5 information.

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.

Sincerely, Christian Yun Contracting Officer

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

19KS7018Q0003

6. SOLICITATION ISSUE DATE

February 6, 2018

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Christian Yun, Contracting Officer

b. TELEPHONE NUMBER(No collect calls) 822-397-4648

8. OFFER DUE DATE/LOCAL TIME

March 19, 2018 17:00

9. ISSUED BY CODE

10. THIS ACQUISITION IS |X| UNRESTRICTED OR |_| SET ASIDE: _________ % FOR

U.S. Embassy Seoul General Services Office Seoul, Korea

|_| SMALL BUSINESS

|_| HUBZONE SMALL BUSINESS

|_| SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

|_| WOMEN-OWNED SMALL BUSINESS

(WOSB) ELEIGIBLE UNER THE WOMEN-OWNED SMALL BUSINESS PROGRAM

|_| EDWOSB

|_| 8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

|X| SEE SCHEDULE

15. EMAIL TO:

CODE

16. ADMINISTERED BY CODE

U.S. Embassy Seoul Contacting Office (SeoulProposals@state.gov) Christian Yun, Contracting Officer

FACILITY CODE

18a. PAYMENT WILL BE MADE BY CODE

U.S. Embassy Seoul Financial Management Office #188, Sejongdaero, Jongno-gu Seoul, Korea

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Gardening Services (See attached)

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

25. ACCOUNTING AND APPROPRIATION DATA

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

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print) Christian Yun

31c. DATE SIGNED

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ____________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|_| COMPLETE |_| PARTIAL |_| FINAL

38. S/R ACCOUNT NO.

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41c. DATE

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 2/2012) BACK

TABLE OF CONTENTS

Section 1 - The Schedule

* SF 1449 cover sheet

* Continuation To SF-1449, RFQ Number 19KS7018Q0003, Prices, Block 23

* Continuation To SF-1449, RFQ Number 19KS7018Q0003, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

* Attachment 1 to Description/Specifications/Performance Work Statement, Government Furnished Property

Section 2 - Contract Clauses

* Contract Clauses

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

Section 3 - Solicitation Provisions

* Solicitation Provisions

* Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12

Section 4 - Evaluation Factors

* Evaluation Factors

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

Section 5 - Representations and Certifications

* Representations and Certifications

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

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 19KS7018Q0003

PRICES, BLOCK 23

1.0 SCOPE OF CONTRACT

The Contractor shall perform gardening services, including furnishing all labor, material, equipment and services, for the U.S. Embassy Seoul, Korea. The price listed below shall include all labor, materials, insurance (see FAR 52.228-4 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.

Offers and Payment in U.S. dollars: U.S. firms are eligible to be paid in U.S. dollars. U.S. firms desiring to be paid in U.S. dollars should submit their offers in U.S. dollars. A U.S. firm is defined as a company which operates as a corporation incorporated under the laws of a state within the United States.

Foreign firms: Any firm, which is not a U.S. firm, is a foreign firm. Any firm that does not meet the above definition of U.S. firm shall submit its prices and receive payment in local currency.

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.

2.0 PRICING

2.1 VALUE ADDED TAX (VAT). 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 YEAR PRICES

Standard Services. The firm-fixed price for the Base Year of the contract is (starting on the date stated in the Notice to Proceed (NTP) and continuing for a period of 12 months):

(1) Ambassador’s Residence and Deputy Chief of Mission’s Residence

(2) Yongsan Embassy Housing and Marine Housing on Yongsan Garrison

(3) Chancery and Embassy Annex

Total Price for Base Year = (1) + (2) + (3)

2.3 OPTION YEAR 1 PRICES (Option Term: Twelve (12) Months)

Standard Services. The firm-fixed price for the Option Year 1 of the contract is

(1) Ambassador’s Residence and Deputy Chief of Mission’s Residence

(2) Yongsan Embassy Housing and Marine Housing on Yongsan Garrison

(3) Chancery and Embassy Annex

Total Price for Option Year 1 = (1) + (2) + (3)

2.4 OPTION YEAR 2 PRICES (Option Term: Twelve (12) Months)

Standard Services. The firm-fixed price for the Option Year 2 of the contract is

(1) Ambassador’s Residence and Deputy Chief of Mission’s Residence

(2) Yongsan Embassy Housing and Marine Housing on Yongsan Garrison

(3) Chancery and Embassy Annex

Total Price for Option Year 2 = (1) + (2) + (3)

2.5 OPTION YEAR 3 PRICES (Option Term: Twelve (12) Months)

Standard Services. The firm-fixed price for the Option Year 3 of the contract is

(1) Ambassador’s Residence and Deputy Chief of Mission’s Residence

(2) Yongsan Embassy Housing and Marine Housing on Yongsan Garrison

(3) Chancery and Embassy Annex

Total Price for Option Year 3 = (1) + (2) + (3)

2.6 OPTION YEAR 4 PRICES (Option Term: Twelve (12) Months)

Standard Services. The firm-fixed price for the Option Year 4 of the contract is

(1) Ambassador’s Residence and Deputy Chief of Mission’s Residence

(2) Yongsan Embassy Housing and Marine Housing on Yongsan Garrison

(3) Chancery and Embassy Annex

Total Price for Option Year 4 = (1) + (2) + (3)

2.7 Grand Total of Base and All Option Years

Base Year Total

Option Year 1 Total

Option Year 2 Total

Option Year 3 Total

Option Year 4 Total

Grand Total - Base and All Option Years

CONTINUATION TO SF-1449,

RFQ NUMBER 19KS7018Q0003

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

1.0 SCOPE OF WORK

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 in Seoul, Korea. The Contractor shall perform gardening services in all designated spaces.

1.2 GENERAL REQUIREMENTS

Maintenance and appearance of the grass, shrubbery, garden areas, trees, flowers, and related landscape elements of the U.S. Mission residential and non-residential properties, especially those with representational responsibilities. 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 Section 1, paragraph 1.15. The Contractor shall include all planning, administration, and management necessary to assure that all services comply with the contract, the Contracting Officer Representative’s (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. The price of the contract will cover all costs. Contractor is responsible for any damage caused by any of their workers including, but not limited to, roof tiles, planters, trees, plants, bushes and flowers.

1.3 MANAGEMENT AND SUPERVISION

1.3.1 SUPERVISION. The Contractor shall designate a Project Manager (PM) who shall be responsible for on-site supervision of the Contractor's workforce at all times. This PM shall be the focal point for the Contractor and shall be the point of contact with U.S. Government personnel. The PM shall have sufficient English language skill to be able to communicate with members of the U.S. Government staff and sufficient Korean language skill to communicate with the Contractor’s workforce. The PM shall have supervision as his or her sole function and he or she shall have a minimum of five years of experience in supervision for these specific landscaping services.

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 08:30 and 17:00, 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 unplanned inspections to those working on the contract.

The Contractor shall make regular inspections of all trees located within the boundaries of the sites and inform the COR of dying/diseased trees or branches, or trees that are infested with termites. Cutting of trees above 3m are not included under this contract.

The PM shall perform a minimum of one monthly inspection of all sites with the COR.

1.3.4 TECHNICAL GUIDANCE. The Contractor shall have the services of a trained horticulturist with a minimum of five years of 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 as well as what is included in the Grounds Maintenance Plan.

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 15 days after contract award.

1.4 LAWN CARE

1.4.1 GRASS CUTTING. The Contractor shall maintain the height of grass between 4 and 6 centimeters. The Contractor shall be responsible for removal of grass clippings after cutting. The Contractor is responsible for all equipment and fuels needed to complete this task.

1.4.2 EDGING. The Contractor shall edge all sidewalks, driveways, and curbs each time the adjacent grass is cut. The Contractor will be responsible for removal of vegetation growing in expansion joints or cracks in the sidewalks or roads.

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

1.4.4 SEASONAL FLOWERING. The Contractor shall provide seasonal flowers and planting services at all locations on a quarterly basis (four times a year) at the direction of the COR. As part of the Grounds Maintenance Plan, the Contractor shall present seasonal flower combinations and specifications for approval by the COR.

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 to eliminate grass and weeds in the cracks and joints within or along sidewalks and curbs. The Contractor shall obtain approval of the COR for all applications of weed killers.

1.4.6 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.

1.4.7 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.

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.

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. The Contractor shall brace, cable, or guy wire damaged or leaning trees or shrubbery after identification by the COR.

1.5.4 At no additional cost to the Government, the Contractor shall replace any tree, bush or shrub or flower that is killed or rendered unusable for its intended purpose through negligent or irresponsible practices that are attributable to the Contractor.

1.6 STUMP REMOVAL. The Contractor shall remove stumps of trees by felled by storm and disease and repair turfs without additional charge to Government. The Contractor shall backfill with topsoil and compact to match existing grades.

1.7 LEAF REMOVAL. The contractor shall, on a monthly basis, remove leaves, pine needles, and seasonal berries from the properties listed in Section 1, paragraph 1.15 and on a weekly basis during the period September through December. This work includes leaf and debris removal from roofing gutters and drains, and preventive measures to keep leaf and debris from entering storm drains.

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

1.9 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, driveways, roofs, curbs, public areas, hills, slopes, and drainage ditches within or adjacent to the area. The Contractor shall remove all debris and equipment from the work site before the end of each workday. Debris removal shall prevent unsightly accumulation. The Contractor shall promptly remove collected debris to an authorized disposal site. The Contractor is responsible for all expenses incurred in the collection and disposal of debris.

1.10 WATERING.

1.10.1 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. The Government will provide the water source at each location. It shall be identified by its common access location for each area where gardening services are performed. The Contractor agrees to abide by conservation of water resources for all properties maintained under this contract.

1.10.2 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.

1.10.3 The Contractor shall provide all hoses, portable sprinklers, and other similar irrigation equipment. The Contractor shall provide his/her own locks for security of said equipment and agrees to hold the Government blameless for any loss due to theft, flood, fire, or other damages.

1.11 FERTILIZER.

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

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

1.11.3 The Contractor shall fertilize all lawn areas a minimum of two times per year.

1.11.4 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.

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

1.12 PEST AND DISEASE CONTROL. The Contractor shall maintain a program for controlling pests and plant and tree disease so as to maintain flowers, shrubs, vines, trees and other planted areas in a healthy and vigorous condition. The Contractor shall obtain approval of the COR for all pesticides. The Contractor shall present a plan for pest and disease control as a part of its Grounds Maintenance Plan.

Each chemical product used shall be provided in a clearly marked container citing the contents and toxicity of the product. In addition, each product shall be accompanied by individual Manufacturers Safety Data Sheets (MSDS) that shall be maintained on file and available to the Contractor personnel. All treatments shall comply with the Post Integrated Pest Management Program requirements under the Post Occupational Safety and Health Officer (POSHO).

The Contractor shall collect and dispose of all dead animals found in all service locations. Prior to disposing, the Contractor shall report the quantity and type of the dead animal to the COR, who will forward report to the POSHO.

1.13 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 notify the COR and place marker signs in English on lawn areas in each location treated to warn occupants and passersby of any application of fertilizers, weed killers, and pest control products. All hazardous and potentially dangerous substances shall be included in the Grounds Maintenance Plan.

1.14 REMOVAL OF SNOW AND ICE. The Contractor shall clean snow and ice from all streets, representational property driveways, sidewalks, parking areas, and steps of all Embassy facilities and spread salt and sand as appropriate after completion of snow removal. The Contractor shall monitor local weather conditions and proactively prevent dangerous conditions by treating streets and pedestrian areas with salt. COR shall be notified of the plan at least 4 hours prior to forecasted snowfall or any precipitation that can result in icy or dangerous conditions. The Contractor is expected to plow snow as well as supply and disperse salt on the roads and sidewalks at the service locations in order to prevent snow and ice accumulation.

The Contractor shall continue snow removal during accumulation to keep all paved areas clear. Any piles of snow shall be removed from the property. Snow and ice removal can be suspended until the following day after 18:30 during normally scheduled workdays as long as salt and sand have been applied to prevent freezing overnight. In exceptional cases, with extremely heavy snow fall, the COR can request for maintaining removal services at the CMR until 2200.

1.15 LOCATION FOR GARDENING SERVICES

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

2.0 WORKING HOURS

All work except Removal of Debris (Section 1, paragraph 1.9) and Removal of Snow and Ice (Section 1, paragraph 1.14) shall be performed between 0830-1700, Monday through Friday except for the holidays identified in the Section 2 DOSAR 652.237-72 entitled, “Observation of Legal Holidays and Administrative Leave.”

The Contractor shall begin removal of snow, ice and debris within two (2) hours of accumulation or notification by the Contracting Officer’s Representative (COR) that such services are required. Notification can be either written or oral; however, oral notification will be followed by a written confirmation on the next business day. If removal of snow, ice or debris services occurs outside the scheduled work hours of 0830-1700, Monday through Friday, under no circumstances would the Contractor be entitled to any increase or adjustment in the contract prices or monthly rates.

Other hours for standard services other than removal of debris, snow or ice, may be approved by the COR at the request of the Contractor. The Contractor must provide at least 24 hour advance notice to the COR who will consider any deviation from the hours identified above but under no circumstances would the contractor be entitled to any increase or adjustment in the contract prices or monthly rates.

3.0 DELIVERABLES

The following items shall be delivered under this contract:

4.0 PERSONNEL REQUIREMENTS

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

4.2 STANDARD OF CONDUCT.

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

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

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

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

· Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:

· Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records;

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

· Unethical or improper use of official authority or credentials;

· Security violations; or,

· Organizing or participating in gambling in any form.

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

4.3. NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

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

4.4. PERSONNEL SECURITY

4.4.1 After award of the contract, the Contractor shall provide the following list of data on each employee who will be working under the contract. The Contractor shall include a list of workers and supervisors assigned to this project. The Government will run background checks on these individuals. It is anticipated that security checks will take fourteen (14) days to perform. For each individual the list shall include:

· Full Name

· Place and Date of Birth

· Current Address

· Identification number

4.4.2 Government shall issue identity cards to Contractor personnel, after they are approved. Contractor personnel shall display identity card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the US Government. The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual.

5.0 MATERIALS AND EQUIPMENT

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

5.1 SAFETY AND HEALTH

The Contractor shall provide safety equipment and proper personal protective equipment (PPE) for all contractor personnel engaged at work under this contract. PPEs may include safety helmets, goggles, noise reducing ear protection, rubber gloves, rubber boots, and appropriate dust or respirator masks as required. The Contractor shall ensure that adequate supply of drinking water for the workers is provided.

6.0 INSURANCE

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

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

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.

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

a) any property of the Contractor,

b) its officers,

c) agents,

d) servants,

e) employees, or

f) any other person, arising from an incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

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

6.7 Government as Additional Insured. The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State," as an additional insured with respect to operations performed under this contract.

6.8 Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within ten (10) days after contract award. The Government may rescind or terminate the contract if the Contractor fails to timely submit insurance certificates identified above.

7.0 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.

8.0 TRANSITION PLAN

Within fourteen (14) 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.

9.0 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.

Services.

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

Paragraphs

1.0 thru 8.0 All required services are performed with no more than one (1) customer complaint per month.

9.1 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.

9.2 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.

9.3 PROCEDURES.

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

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

c) The COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

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

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

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

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

h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

ATTACHMENT 1

GOVERNMENT FURNISHED PROPERTY

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

(1) Facilities

Limited storage will be provided to the contractor for storage of hand tools, gardening tools, hoses and accessories. No lawn mower or gasoline powered equipment may be stored, nor any quantity of gasoline or other products such as oils or lubricants.

(2) Equipment

The tractor provided by the Government shall only be used to provide service to the Yongsan Embassy Housing (YEH) compound.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (JAN 2017), 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 (JAN 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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).

X (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.)

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).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2)and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

X (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

X (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

X (49) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301note).

X (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

X (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

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

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and…