RFQ -19KV4224Q0003.pdf

Dear Prospective Offeror:

Subject: Request for Proposals number 19KV4224Q0003

Enclosed is a Request for Proposals (RFP) for landscaping services. If you would like to submit quotation, follow the instructions in Section L of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form that follows this letter.

The U.S. Government intends to award a contract/purchase order to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract/purchase order based on initial proposals, 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-proposal conference at the site, The pre-proposal conference will be held on January 30, 2024 @10:30 at the US Embassy Pristina. Prospective offerors/quoters should contact Procurement Office by January 28, 2024, through email: PristinaProcurement@state.gov for additional information or to arrange entry to the building.

Proposals are due by February 23, 2024 @ 15:00 LT. No proposals will be accepted after this time.

Proposals must be in English and incomplete proposals will not be accepted.

Your proposal must be submitted in a sealed envelope marked "Proposal Enclosed for Landscaping

Services for Embassy Pristina to Embassy Pristina, 4 Korriku nr 24, Pristina, 10000 Kosovo

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

1. SF-33

2. Section B, Pricing

3. Section K Representations and Certifications

4. Additional information as required in Section L

5. The Offeror should submit a completed IRS Form W-14, found at www.irs.gov/w14, to ensure compliance with FAR 52.229-11;”]

6. 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, Barbara Grub

Contracting Officer

Enclosure:

United States Department of State

U.S. Embassy Pristina

January 24, 2024 mailto:PristinaProcurement@state.gov http://www.irs.gov/w14 https://www.sam.gov/

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING PAGE OF PAGES

1 | 60

2. CONTRACT (Proc. Inst. Ident.) NO.

3. SOLICITATION NO.

19KV4224Q0003

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[x] NEGOTIATED (RFP)

5. DATE ISSUED

01/25/2024

6. REQUISITION/PURCHASE NO.

PR12216170

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than item 7)

American Embassy Pristina

4 Korriku # 25, 10000 Pristina, Kosovo

Phone: +3833859593000 Fax:

NOTE: In sealed bid solicitation "offer" and "offeror” mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specificed, in the depository lo cated in until 02/23/2024 local time 15:00LT.

(hour) 15:00LT (date) 02/23/2024

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L. Provision No. 52.215-1. All offers are subject to all tems and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME

Burim Buza

B. TELEPHONE

AREA CODE NUMBER EXT

+383 38 5959 3282

C. E-MAIL ADDRESS

PristinaProcurement@state.gov

11. TABLE OF CONTENTS

(x) SEC. DESCRIPTION PAGE(S) (x) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 3-3 X I CONTRACT CLAUSES 19-33

X B SUPPLIES OR SERVICE AND PRICES/COSTS 3-5

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

X C DESCRIPTION/SPECS/WORK STATEMENT 6-10 X J LIST OF ATTACHMENTS 34-36

X D PACKAGING AND MARKETING 11-11 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 12-13 X K REPRESENTATIONS, CERTIFICATIONS, AND 37-52

X F DELIVERIES OR PERFORMANCE 14-14 OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION 15-15 X L INSTRS., COND., AND NOTICES TO OFFERORS 53-57

X H SPECIAL CONTRACT REQUIREMENTS 16-18 X M EVALUATION FACTORS FOR AWARD 58-59

OFFER (Must be fully completed by offeror) NOTE: ITEM 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (120 calendar days unless a different period is inseted by the offer) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT SEE 14

(See section I, Clause No 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR

DAYS

CALENDAR DAYS

14. ACKNOWLEDGMENT OF

AMENDMENTS

AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the solicitation and related documents ) numbered and dated:

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED

AND

ADDRESS

OF

OFFEROR

TO SIGN OFFER (Type or print)

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS

[ ] IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEM NUMBERED

20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

[ ] 10 U.S.C. 2304(c)( ) [ ] 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS SHOWN

IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTRATION BY (If other than Item 7)

CODE

25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

Barbara Grub (Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this form, or on the Standard Form 26, or by other authorized official written notice.

mailto:PristinaProcurement@state.gov

SECTION A - MODEL CONTRACT

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF SERVICES

The Contractor shall provide landscaping services for the U.S. Embassy in Pristina

B.2 TYPE OF CONTRACT

This is a fixed price contract for standard services.

B.3 TYPES OF SERVICES

(a) Standard Services. The Contractor shall provide standard Landscaping services as specified in

Section C for properties listed in Exhibit A.

B.4 PRICING

(a) The Government will pay the Contractor a fixed price per month for Standard Services that have been satisfactorily performed.

(b) In addition to all direct (labor, equipment, materials) and indirect costs (overhead, general and administrative expenses), the Contractor shall include any premium pay for services required on holidays only in the fixed prices for Standard Services

(c) The cost of Workers’ Compensation War-Hazard Insurance Overseas (See Section I, FAR 52.228-4) is not reimbursable and shall be included in the Contractor’s rates.

(d) The Government will make payment in US ($) currency.

(e) VALUE ADDED TAX.

VALUE ADDED TAX (VAT). The Government will not reimburse the Contractor for VAT under this contract. The Contractor shall not include a line for VAT on Invoices as the U.S. Embassy has a tax exemption certificate with the host government.

Price per Month 12 months Price per Year

X 12

B.5 Base Year Prices

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

Price per Month 12 months Price per Year

X 12

B.6 First Option Year Prices (Option Term: Twelve (12) Months)

(a) Standard Services. The fixed price for Option Year 1 of the contract is:

Price per Month 12 months Price per Year

X 12

B.7 Second Option Year - Prices (Option Term: Twelve (12) Months)

(a) Standard Services. The fixed price for Option Year 2 of the contract is:

Price per Month 12 months Price per Year

X 12

B.8 Third Option Year - Prices (Option Term: Twelve (12) Months)

(a) Standard Services. The fixed price for Option Year 3 of the contract is:

Price per Month 12 months Price per Year

X 12

B.9 Fourth Option Year - Prices (Option Term: Twelve (12) Months)

(a) Standard Services. The fixed price for Option Year 4 of the contract is:

B.10 Grand Total of Base plus All Option Years

Base Year Total (not to exceed)

First Option Year Total (not to exceed)

Second Option Year Total (not to exceed)

Third Option Year Total (not to exceed)

Fourth Option Year Total (not to exceed)

Grand Total of Base plus All Option Years (not to exceed)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 PERFORMANCE WORK STATEMENT (PWS) – LANDSCAPING SERVICES

C.1 WORK REQUIREMENT

C.1.1 General. This is a fixed-price contract for gardening services for the U.S. Pristina. The contract contains certain ordering provisions by which the Contracting Officer or his/her representative may require additional amounts of service for special events. The Contractor shall furnish managerial, administrative and direct labor personnel to accomplish all work required by this contract. Specific services are described in detail below.

C.1.2 Personnel. The Contractor shall provide a qualified work force capable of providing the services required by the contract.

C.2 DEFINITIONS

"Chancery" means the building of the Post used for official activities.

"Contracting Officer" means a person appointed with the authority to enter in and administer contracts on the behalf of the Government.

"Contracting Officers' Representative (COR)" means an individual designated in writing by the Contracting Officer to perform specific contract administration functions.

"General Instructions" mean those instructions, directives and guidelines that apply to all gardening personnel.

"Government" means the Government of the United States of America.

"SOR" means Senior Officers' Residence, including the residences of the Ambassador, Deputy Chief of Mission.

C.3 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 Contractor’s work shall be measured 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 J, Exhibit A. 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.

C.4 STATEMENT OF WORK

1.0 Introduction

The United States Embassy in Pristina, Kosovo, requires the contractor to provide a quote for Landscaping services, the contract is for the Contractor to provide 5 Landscaping workers.

1.1 General

This is a firm fixed price and amount quoted shall include all requirements described in scope of work and general condition of contract. The lump sum price quoted shall be fixed and nothing extra will be entertained on any account.

Contractor’s staff is subject to such restriction for entry and exit as are required by the Embassy’s security requirement. Contractor’s staff will be subject to security cleared as required by the Embassy.

The Contractor shall submit to COR the List of employees for clearance. The list shall contain at least the names (IDs) of 5 (five) employees that will be working on regular basis, additional 5 (five) employees as a backup, 1 (one) Site Supervisor or Quality Assurance Supervisor. This list shall be submitted to the COR minimum 30 days before any start work date. Once the list is cleared, for access request purposes, the Contractor shall submit names of 5 (five) employees that will show up to regularly work at least 72 hours prior to the start date.

Any deviation from the original contract/scope of work must be approved by the USG Contracting Officer

(CO), through direct communication with the Contracting Officer’s Representative (COR) before work begins. No additional work or changes will be carried out without a contract modification.

The Contractor shall not conduct any work that is beyond this Statement of Work and accompanying specifications unless directed in writing by the Contracting Officer [CO]. Any work done by the Contractor beyond this SOW and accompanying specifications without direction from the CO will be at the Contractor’s own risk and at no cost to the Embassy.

If any of the Contractor’s services do not conform to the contract requirements, the COR may require the Contractor to perform the services again in conformity with the contract requirements. The Embassy may by contract or otherwise, perform the services and charge the Contractor any cost incurred by the Embassy that is directly related to the performance of such service or terminate the contract for default.

1.2 Responsibilities of Contractor

Contractor shall be responsible for providing labor, personal protective equipment (PPE, see Section 1.15), and safety clothing for all seasons. Contractor shall provide a transportation and food stipend for their employees. The Contractor’s employees may use break areas, as directed by the USG COR.

The Contractor shall identify a Site Supervisor or Quality Assurance Supervisor who shall be responsible for the overall management of their employee’s performance. The Site Supervisor shall be approved by the

COR.

The Contractor is responsible for safety and shall comply with all local labor laws, regulations, customs, and practices pertaining to labor, safety, and similar matters. The Contractor shall promptly report all accidents resulting in lost time, disabling, or fatal injuries to the COR.

If Local Labor laws does not cover any of the safety requirements to include the personal health and safety of the employees, the Contractor shall comply with USG rules and regulations.

The Contractor shall be and remain liable to the Embassy in accordance with applicable law for all damages to the Embassy caused by the Contractor's negligent performance of any of the services furnished under this contract. The rights and remedies for the Embassy provided for under this contract are in addition to any other rights and remedies provided by law.

1.3 SCOPE

The Contractor agrees to provide five (5) unskilled competent employees trained on the landscaping maintenance works. Maintenance shall include daily maintenance of the landscaping as herein after described. The Contractor shall work with and as directed by the Gardener Supervisor (herein after the Embassy staff).

1.4 Mowing

Paper, trash, branches, and other debris will be collected prior to each mowing from existing and sod areas.

The Contractor will mow old and sod areas as needed according to seasonal growth and actual weather conditions but basically following this schedule: April-twice a month, May, June July, August, September-three times per month, October- once to twice a month.

In general, no more than 1/3 of the leaf blades will be removed per mowing.

The Contractor will be expected to adjust the mowing height as appropriate for period of the year and outside temperature.

During periods of excessive rain and tall grass growth, the mower cut height may be raised.

All mowing will be conducted with a [reel/rotary/mulching] mower.

Mower blades will be always sharp to provide a quality cut and prevent tearing of the grass blades.

The Contractor could temporarily leave clippings on the lawn if no visible clumps remain on the grass surface 36 hours after mowing. The Contractor will dispose of large clumps of clippings by collecting and removing them and disposing of them in the designated location strictly indicated by the Embassy staff. The Embassy is further responsible for disposal from the Embassy site.

1.5 Edging and Trimming

Grass adjacent to fixed objects, shall be trimmed to the same height as the general old and sod. Trimming is to be done so that old and sod areas are not scalped. All trimming activities will be done with appropriate trimmer.

The Contractor shall edge tree rings and plant beds, and all buildings, sidewalks, fences, driveways, parking lots, and other surfaced areas bordered by grass will be edged every or every other mowing during the growing season.

When trimming near stones, the Contractor is responsible for ensuring that the rotation of the string causes the grass to be thrown back towards the operator. This will assist in preventing any objects thrown by the trimmer, such as rocks, sticks, etc., from being thrown toward fragile stones, thereby minimizing the potential for accidental damage.

The Contractor shall clean all clippings from sidewalks, curbs, roadways and markers or monuments immediately after mowing and/or edging. The contractor will not sweep, blow, or otherwise dispose of clippings in sewer drains.

1.6 Fertilization

The Contractor shall fertilize sod areas at least 2 times in the period between May and October or more if needed. The Contractor shall fertilize plants as needed as directed by the Embassy staff.

Fertilizer will be swept off walks and drives onto lawns or beds.

All fertilizers will be those that are approved on the local Market and applications will be made in accordance with the rules and regulations governing use of fertilizers in Republic of Kosovo.

1.7 Pest/ Disease Control

The Contractor shall regularly inspect lawn areas and plant beds for indications of pest/ disease problems.

Upon confirmation of a specific problem requiring treatment, the Contractor shall contact Embassy staff.

Application of pesticides (for pest or plant control) will need prior approval.

All pesticides and other materials against diseases will be those that are approved by the Embassy and applications will be made in accordance with the rules and regulations governing use of pesticides in

Republic of Kosovo and as directed by the Embassy staff.

All applications of pesticides will be performed when at the time of application wind drift is negligible.

The Contractor if requested by the Embassy staff shall keep records on pests identified and treatment(s) rendered for control.

1.8 Weed Control

Weeds in beds or mulched areas will usually be removed by hand or rarely by using selective herbicide on areas where it will not cause damages to the plants. Upon Embassy staff approval only, herbicides may be employed for heavy weed infestations. Should herbicides be approved, all necessary precautions (including, but not limited to application when there is no wind to cause drift and tenting or otherwise covering) must be taken to prevent herbicides from being applied to or landing on concrete structures or damage plants.

All herbicides will be those that are approved on the local Market and applications will be made in accordance with the rules and regulations governing use of herbicides in Republic of Kosovo.

1.9 Pruning/ tree care

Pruning will be done to remove dead or diseased branches, reduce foliage density or crossing branches, to improve the beauty of the plant, or to ensure safety.

Shrubs will be pruned with hand shears as needed to provide an informal shape, fullness, and blooms.

All trees should be trimmed so a mower can get under and around them.

Sucker growth will be removed by hand from the base of trees. No herbicides will be used for this purpose.

If needed trees will be tightened, straightened and the tree saucers will be repaired.

The Embassy staff will dispose of all organic litter from the landscaping activities on location strictly indicated by the Embassy.

1.10 Optional Service Issues

All optional services will be by supplemental written agreement of the Embassy and that agreement will specify the extent and cost of the proposed work.

Replacement of dead or injured plants (material that is 50% dead or more shall be considered dead) due to pests or the negligence will be done without cost to the Contractor during the maintenance.

Replacement of stolen, vandalized or damaged plants by Contractor or other parties will be charged to the Contractor at a rate of actual cost plus labor rate per hour.

1.11 Mulching

Mulch should be maintained at a depth of not less than 2-inches and not more than 3- inches.

Mulch will not be allowed to cover valve boxes, meters, irrigation heads, landscape lighting, or any concrete or stone object.

The Embassy staff is responsible for remixing mulch in areas that are starting to show mold or rot and to ensure that mulch or other landscape bed materials are not mixing or creeping into sod areas. The Contractor may be asked to help on this work.

1.12 Irrigation System Work

The Embassy staff will regularly inspect all components and zones in the irrigation system and shall reset zone times according to seasonal evaporation transpiration changes. The Contractor may be asked to support this event and work with the Embassy staff as requested.

Minor adjustments and repairs such as head/emitter cleaning or replacement, filter cleaning, small leaks, and minor timer adjustments shall be made by the Embassy staff. The Contractor may be asked to work and support this work.

The Embassy staff will recalibrate each zone as needed.

1.13 Flooding, storm, wind, fire, or cold damages.

Damages to the plants and or irrigation system made as a result of Force Majeure (floods, fire, excessive wind, extremely low temperatures and other factors that are considered to be Force Majeure) are not responsibility of the Contractor for replacement.

1.14 Maintenance Period.

The Embassy staff will furnish all equipment and material, the Contractor shall furnish with the labor only.

The Contractor shall furnish their employees with proper safety shoes, clothes and PPE as described under Ph. 1.16 The Contractor shall prepare the monthly invoice for the labor in period between 1st and 5th of the following month for the previous month. The monthly amount shall be as per Contract.

Any escort responsibilities shall be arranged and provided by the Embassy Facility Manager at no expense to the Contractor.

1.15 Safety Requirements

Safety meetings shall occur at least once a week with at least one Embassy staff member present, if required by the USG.

Proper Protective Equipment (PPE) must be worn by workers while in any work area or while performing tasks that create hazards for workers. The following requirements minimums and may be supplemented or added to by the POSHO:

Safety glasses: must be worn in areas necessary for eye protection and from sun glare.

Hearing protection: must be provided for all those who operate loud power tools and equipment, and everyone in the vicinity of such work.

Hard hats: must be worn in areas where falling objects are a hazard, or any area designated at a hard hat area.

Gloves: will be worn for handling, cleanup, and removal of work area waste and materials.

Footwear: safety shoes shall be worn and must include a pair of hard toe safety shoes.

Proper working clothes: shall be adequate for each season.

1.16 Working Hours

Working hours shall be 08:00 AM to 17:00 PM, Monday through Friday, not to include holidays or after -hours unless approved by the USG. The Contractor might be called to work outside of this schedule, in these cases the COR will prearrange the approved times from the USG and inform the Contractor in advance.

Working hours shall not exceed 8 hours of regular work per day.

SECTION D - PACKAGING AND MARKING

- RESERVED -

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current

FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATIONS ARE INCORPORATED BY

REFERENCE:

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.246-4 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996)

52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001)

E.2 APPLICABILITY OF INSPECTION CLAUSES

FAR clause 52.246-4, Inspection of Services - Fixed-Price, applies to services provided under Standard Services. FAR clause 52.246-6, Inspection-Time-and- Materials and Labor-Hour, applies to services provided under Temporary Additional Services.

E.3 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP).

This plan is designed to provide an effective surveillance method to promote effective 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 conduct quality assurance to ensure that contract standards are achieved.

Performance Objective PWS Para Performance Threshold

Services.

Performs all gardening services set forth in the Performance Work Statement (PWS)

C.1 thru C.14

All required services are performed and no more than one

(1) customer complaint is received per month.

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E.3.1 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.

E.3.2 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 52.246-4, Inspection of Services – Fixed Price (AUG 1996), if any of the services exceed the standard.

E.3.3 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) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the

Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

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

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

(g) The COR will consider 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.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current

THE FOLLOWING FAR CLAUSES ARE INCORPORATED BY REFERENCE:

CLAUSE TITLE AND DATE

52.242-15 STOP-WORK ORDER (AUG 1989)*

*52.242-15 applies to Standard Services in Section B

52.242-15 STOP-WORK ORDER (Alternate I, APR 1984*) *52.242-15 Alternate I (APR 1984), applies to Temporary Additional Services

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

F.2 PERIOD OF PERFORMANCE

The performance period of this contract is from the start date in 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.

F.3 DELIVERY SCHEDULE

The following items shall be delivered under this contract.

DELIVERABLE DUE DATE

Ground Maintenance Plan (C.4.5 & C.6.2) 30 days after date of contract award

Pruning Schedule (C.6.2) 30 days after date of contract award

Names, biographic data, police clearance of contractor personnel (H.1) 20 days after date of contract award

Certificate of Insurance (H.5) 7 days after date of contract award

F.4. NOTICE TO PROCEED (NTP)

After contract award and submission of acceptable insurance certificates, the Government will send the Contractor a Notice to Proceed. That 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.

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1. MONITORING OF THE CONTRACTOR

G.1.1. 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

(AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract is the FAC(Facility).

G.1.2 DUTIES

The COR is responsible for inspection and acceptance of services. These duties include review of Contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract.

G.2 SUBMISSION OF INVOICES

The Contractor shall submit invoices in an original and three (3) copies to the Contracting Officer's Representative (COR) through the Financial Management Office (FMO) at the following address:

U.S. Embassy Pristina 4 Korriku # 25

10000 Pristina, Republic of Kosovo

Or, electronically: PristinaInvoice@state.gov

G.2.1 VALUE ADDED TAX

VALUE

ADDED TAX (VAT). The Government will not reimburse the Contractor for VAT under this contract.

The Contractor shall not include a line for VAT on Invoices as the U.S. Embassy has a tax exemption certificate with the host government.

mailto:PristinaInvoice@state.gov

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SECURITY

H.1.1 General. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual. The Government will run background checks on all proposed Contractor employees. The Contractor shall provide the names, biographic data and police clearance on all

Contractor personnel who shall work on this contract.

H.1.2 Identity Cards. The Government shall issue identity cards to Contractor personnel, after they are approved. Contractor personnel shall display identify card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the 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.

H.2 STANDARDS OF CONDUCT

(a) General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as required. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. 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 cost to the Government.

(b) Uniforms. The Contractor's employees shall wear clean, neat and identifiable uniforms, although not necessarily identical uniforms. All employees shall wear accreditation at all times.

(c) 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 that interfere with normal and efficient Government operations.

(d) 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.

(e) 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.

(f) 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.

H.3 PERSONNEL HEALTH REQUIREMENTS

All employees shall be in good general health without physical disabilities that would interfere with acceptable performance of their duties. All employees shall be free from communicable diseases.

H.4 LAWFUL OPERATION, PERMITS, AND INDEMNIFICATION

(a) Bonds. The Government imposes bonding requirement on this contract. The Contractor shall provide any official bonds required, pay any fees or costs involved or related to the authorization for the equipping of any employees engaged in providing services specified under this contract if such bonds or payments are legally required by the local government or local practice.

(b) Employee Salary Benefits. The Contractor shall be responsible for payment of all employee wages and benefits required by host country law or agreements with its employees. The Government, its agencies, agents, and employees shall not be part of any legal action or obligation regarding these benefits which may subsequently arise. Where local law requires bonuses, specific minimum wage levels, premium pay for holidays, payments for social security, pensions, sick or health benefits, severance payments, child care or any other benefit, the Contractor is responsible for payments of these costs and must include them in the fixed prices in this contract.

(c) Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibility and liability for any and all personal injuries or death and property damage or losses suffered due to negligence of the Contractor's personnel in the performance of this contract. The Contractor's assumption of absolute liability is independent of any insurance policies.

(d) 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:

General Liability

1. Bodily Injury, On or Off the Site, in U.S. Dollars

Per Occurrence 3,000USD

Cumulative 5,000USD

2. Property Damage, On or Off the Site, in U.S. Dollars

Per Occurrence 3,000USD

Cumulative 3,000USD

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.

For those Contractor employees assigned to this contract who are either United States citizens or hired in the United States or its possessions, the Contractor shall provide workers' compensation insurance in accordance with FAR 52.228-3.

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, and incidental 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.

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.

(e) Permits. Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the prosecution of work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. The Contractor shall provide evidence of possession or status of application for such permits, licenses, and appointments to the Contracting Officer with its proposal.

Application, justification, fees, and certifications for any licenses required by th e host government are entirely the responsibility of the Contractor.

H.5 CERTIFICATE OF INSURANCE

The Contractor shall furnish to the Contracting Officer a current certificate of insurance as evidence of the insurance required. In addition, the Contractor shall furnish evidence of a commitment by the insurance carrier to notify the Contracting Officer in writing of any material change, expiration or cancellation of any of the insurance policies required not less than thirty (30) days before such change, expiration or cancellation is effective. If Contractor is self -insured then the Contractor shall not change or decrease the coverage without the Contracting Officer's approval.

H.6 TRANSITION PLAN

Within 15 days after contract award, the Contracting Officer may request that the Contractor develop a plan for preparing the Contractor to assume all responsibilities for services defined in Section C and the Exhibits in Section J of this contract. 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.

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current

THE FOLLOWING FAR CLAUSES ARE INCORPORATED BY REFERENCE:

CLAUSES TITLE AND DATE

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN

2020)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY

OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

(MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(JUN 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN

2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG

2020)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (JUL 2018)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATION

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED

APPLICATION (JUN 2023)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (JUN 2020)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

52.215-2 AUDIT AND RECORDS – NEGOTIATION (JUN 2020)

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT

(OCT 1997)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA –

MODIFICATIONS (JUN 2020)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA –

MODIFICATIONS (JUN 2020)

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER

THAN COST OR PRICING DATA MODIFICATIONS

(JUN 2020)

52.222-19 CHILD LABOR – COOPERATION WITH AUTHORITIES AND

REMEDIES (JAN 2020)

52.222-50 COMBATTING TRAFFICKING IN PERSONS (OCT 2020)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (JUN 2020)

52.225-5 TRADE AGREEMENTS (OCT 2019)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PROCUREMENTS

(FEB 2021)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF

CONTRACT (FEB 2000)

52.228-3 WORKERS’ COMPENSATION INSURANCE (Defense Base Act)

(JUL 2014)

52.228-4 WORKERS COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS

(APR 1984)

52.228-5 INSURANCE-WORK ON A GOVERNMENT

INSTALLATION (JAN 1997)

52.229-6 TAXES - FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

52.229-7 TAXES- FIXED PRICE CONTRACTS WITH FOREIGN GOVERNMENTS (FEB

2013)

52.232-1 PAYMENTS (APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (MAY 2014)

52.232-22 LIMITATIONS OF FUNDS (APR 1984)

52.232-24 PROHIBITION OF ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-34 PAYMENT BY EFT – OTHER THAN SAM (JULY 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.233-1 DISPUTES (MAY 2014) – Alternate I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

52.242-13 BANKRUPTCY (JULY 1995)

52.243-1 CHANGES - FIXED-PRICE (AUG 1987) – Alternate I & II (APR 1984)

52.245-1 GOVERNMENT PROPERTY (SEP 2021)

52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (APR

2012)

52.245-9 USE AND CHARGES (APR 2012)

52.246-25 LIMITATION OF LIABILITY – SERVICES (FEB 1997)

52.246-26 REPORTING NONFORMING ITEMS (JUN 2020)

52.248-1 VALUE ENGINEERING (JUN 2020)

52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES)

(SHORT FORM) (APR 1984)

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:

52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (SEP 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 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)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iii) 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).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27.

(v) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(viii) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(ix) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

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

(xi) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) ( Pub. L. 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.233-1, Disputes (MAY 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (SEP 2023).

(viii) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)(Pub. L.

109-282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in

FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) ( 41 U.S.C.chapter 65) (Applies to supply contracts https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4…