RFQ 19MX5321Q0003 for Gardening Services.pdf

RFQ 19MX53-21-Q-0003 for Gardening Services

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TABLE OF CONTENTS

Section 1 - The Schedule

• SF 1449 cover sheet

• Continuation To SF-1449, RFQ Number 19MX53-21-Q-0003 Prices, Block 23

• Continuation To SF-1449, RFQ Number 19MX53-21-Q-0003, 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

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SECTION 1 THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 19MX53-21-Q-0003

PRICES, BLOCK 23

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF 2010

NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS SUBSEQUENT

TO THIS PROCUREMENT ARE SUBJECT TO AN EXCISE TAX OF 2% PERSUANT TO

26 U.S.C. 5000C.

1.1 SCOPE OF CONTRACT

The Contractor shall perform gardening services, including furnishing all labor, material, equipment and services, for the U.S. Embassy Mexico City. The price listed below shall include all managerial, administrative and direct labor, required uniforms, materials, tools and/or equipment, 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.

1.2 TYPE OF CONTRACT

(a) This is firm-fixed price type of contract for Standard Services.

(b) Temporary Additional Services are based on indefinite delivery/indefinite quantity with firm-fixed prices.

1.3 PERIOD OF PERFORMANCE

The performance period of this contract is from the start date stated in the Notice to Proceed and continuing for 12 months, with three (3) one-year options to renew. The initial period of performance includes any transition period authorized under the contract.

1.4 NOTICE TO PROCEED

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.

1.5 TYPES OF SERVICES

Standard Services

Standard Services are defined as all gardening services requested under this Contract and as described in the Performance Work, under continuation to SF-1449, block 20 – Section 1.

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Temporary Additional Services

Definition

Temporary Additional Services are services that are defined as Standard Services but are required at times other than the normal workday. These services shall support special events at the different locations included in this contract or in response to force majeure situations. The Contractor shall provide Temporary Additional Services in addition to the scheduled services specified in this contract.

Ordering

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

Maximum and Minimum

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

1.5.2.3.1 Minimum

The Government shall place orders totaling a minimum of 10 square meters. This reflects the contract minimum for the base year and option period.

1.5.2.3.2 Maximum

The amount of all orders shall not exceed 10,000 square meters. This reflects the contract maximum for the base year and each option period for temporary/additional services.

Invoicing

The Contractor shall include in its next regular invoice details of the Temporary Additional Services, if applicable, provided and requested under Temporary Additional Services. The Contractor shall also include a copy of the COR’s written confirmation for the Temporary Additional Services.

1.6 PRICING

In consideration of satisfactory performance of all scheduled services required under this contract, the Contractor will be paid a firm-fixed-price (FFP) at the prices stated in the schedule below for the Base Year and three (3) Option Years.

The monthly rates stated in this Contract shall include all direct and indirect costs, insurance, overhead, general and administrative expense, and profit, to include any materials and equipment required for these services. The Government will not pay any additional expenses.

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Currency

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 offer 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.

Local companies are eligible to be paid in U.S. dollars provided that such company has a bank account in U.S. dollars at a Local Bank.

Offers and Payment in Pesos, Mexican currency

Local companies not eligible to be paid in U.S. Dollars shall submit their prices and receive payment in local currency.

Value Added Tax

1.6.1.3.1 U.S. Firms

Value Added Tax (VAT) is not applicable to U.S. firms, therefore it shall not be included in U.S.

firms rates or Invoices.

1.6.1.3.2 Local Companies

Value Added Tax (VAT) for offers submitted by local companies, either in U.S. Dollars or in Pesos, Mexican currency, is not included in line item rates. Instead, it will be priced as a separate amount in the contract and on the Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion.

Base Year

Standard Services

CLIN Description Unit of

Measure Quantity

Unit Price (Month)

Annual Price

Gardening Standard

Services Month 12 $ $

Sub-Total

VAT $

Total Price for Base Year of Standard Services $

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Temporary Additional Services

CLIN Description Unit of

Measure Estimated Quantity

Unit Price Sub-Total

Temporary

Additional Services Sqm 10,000 $ $

Sub-Total

VAT $

Total Temporary Additional Services Not to Exceed (NTE) Price for Base Year

Base Year Total for All Services

This is the total amount after adding the Total Price for Base Year of Standard Services plus the Total Temporary Additional Services Not to Exceed (NTE) Price for Base Year, VAT included.

Total Price for Base Year of Standard Services $

Total Temporary Additional Services NTE Price for Base Year $

Base Year Total for All Services $

First Option Year

Standard Services

CLIN Description Unit of

Measure Quantity

Unit Price (Month)

Annual Price

Gardening Standard

Services Month 12 $ $

Sub-Total

Total Price for First Year of Standard Services $

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Temporary Additional Services

CLIN Description Unit of

Measure Estimated Quantity

Unit Price Sub-Total

Temporary

Additional Services Sqm 10,000 $ $

Sub-Total

VAT $

Total Temporary Additional Services NTE Price for First Option Year

First Option Year Total for All Services

This is the total amount after adding the Total Price for First Option Year of Standard Services plus the Total Temporary Additional Services NTE Price for First Option Year, VAT included.

Total Price for First Option Year of Standard Services $

Total Temporary Additional Services NTE Price for First Option Year

First Option Year Total for All Services $

Second Option Year

Standard Services

CLIN Description Unit of

Measure Quantity

Unit Price (Month)

Annual Price

Gardening Standard

Services Month 12 $ $

Sub-Total

Total Price for Second Year of Standard Services $

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Temporary Additional Services

CLIN Description Unit of

Measure Estimated Quantity

Unit Price Sub-Total

Temporary

Additional Services Sqm 10,000 $ $

Sub-Total

VAT $

Total Temporary Additional Services NTE Price for Second Option Year

Second Option Year Total for All Services

This is the total amount after adding the Total Price for Second Option Year of Standard Services plus the Total Temporary Additional Services NTE Price for Second Option Year, VAT included.

Total Price for Second Option Year of Standard Services $

Total Temporary Additional Services NTE Price for Second Option Year

Second Option Year Total for All Services $

Third Option Year

Standard Services

CLIN Description Unit of

Measure Quantity

Unit Price (Month)

Annual Price

Gardening Standard

Services Month 12 $ $

Sub-Total

Total Price for Third Year of Standard Services $

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Temporary Additional Services

CLIN Description Unit of

Measure Estimated Quantity

Unit Price Sub-Total

Temporary

Additional Services Sqm 10,000 $ $

Sub-Total

VAT $

Total Temporary Additional Services NTE Price for Third Option Year

Third Option Year Total for All Services

This is the total amount after adding the Total Price for Third Option Year of Standard Services plus the Total Temporary Additional Services NTE Price for Third Option Year, VAT included.

Total Price for Third Option Year of Standard Services $

Total Temporary Additional Services NTE Price for Third Option Year

Third Option Year Total for All Services $

1.7 GRAND TOTAL PRICE

The grand total price of all service for the Base Year and three (3) Option Years are as follows:

Base Year Total for All Services $

First Option Year Total for All Services $

Second Option Year Total for All Services $

Third Option Year Total for All Services $

Grand Total $

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CONTINUATION TO SF-1449

RFQ NUMBER 19MX53-21-Q-0003

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

1.8 PERFORMANCE WORK STATEMENT

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

1.9 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 shall perform complete gardening and landscape maintenance services as described in this contract for all Government properties listed in 1.22. The Contractor shall include all planning, administration, and management necessary to assure that all services comply with the contract, the COR's schedules and instructions, and all applicable laws and regulations. The Contractor shall meet all of the standards of performance identified in the contract. The Contractor shall perform all related support functions such as supply, subcontracting, quality control, financial oversight, and maintenance of complete records and files.

1.10 DEFINITIONS AND ACRONYMS

BFL – Benjamin Franklin Library

Chancery – Embassy building used for official activities

CMR – Official residence of the Chief of Mission/Ambassador, also called the Ambassador’s Residence.

CO – Contracting Officer, i.e. the person appointed with the authority to enter in and administer contracts on the behalf of the Government

COR – Contracting Officer's Representative, i.e. an individual designated in writing by the Contracting Officer to perform specific contract administration functions

DCR – The official residence of the Deputy Chief of Mission

FAC – Facilities Management Office

FMC – Financial Management Center or the paying office

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Government – The Government of the United States of America unless specifically stated otherwise.

GSO – General Services Officer in charge of the General Services Office at post. This officer is usually the Contracting Officer for this contract.

GTM – Government Technical Monitor, individual designated by the contracting officer to assist the COR in monitoring a contractor’s performance.

1.11 WORK REQUIREMENT

General

This is a fixed-price contract for gardening services for the United States Embassy in Mexico City. 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, direct labor personnel and required uniforms, materials, tools and/or equipment necessary to accomplish all work required by this contract. Specific services are described in detail below.

Personnel

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

1.12 MANAGEMENT AND SUPERVISION

Supervision

The Contractor shall designate a representative who shall be responsible for on-site supervision of the Contractor's workforce at all times. This supervisor shall be the focal point for the Contractor and shall be the point of contact with U.S. Government personnel. The supervisor shall have supervision as his or her sole function.

The Contractor’s Supervisor designated under this Contract is:

Supervisor:

Telephone Number(s):

E-mail:

Language Proficiency

The supervisor shall have sufficient English language skills to be able to communicate with members of the U.S. Government staff.

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Replacement of the Supervisor after First 90 Days

After the first 90 days, the Contractor may replace the Supervisor if the Contractor determines the change to be necessary. Before the first 90 days the Supervisor can only be changed if requested by the COR. However, prior to making any replacement the contractor shall provide a resume that adequately demonstrates the proposed replacement possesses the necessary qualifications to perform all Supervisor activities required under this contract.

COR Approval of Supervisor Replacement

Whenever a Supervisor replacement is requested, the Contractor shall sign the resume of the proposed replacement certifying that the resume is accurate and complete and that the proposed replacement possesses the required qualifications. The COR will notify the Contractor in writing within five (5) calendar days after receipt of the resume whether the proposed replacement is acceptable. If needed, the COR may request additional information if a determination of acceptability cannot be made based on the resume alone. If the COR determines that a proposed replacement is not acceptable, the COR will provide the contractor with the reason that led to this determination. The Contractor will then be required to propose another replacement to the COR for consideration.

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 06:30 hrs and 17:00 hrs, Monday through Friday. Work at residential properties shall not commence before 08:00 hrs unless otherwise agreed upon with the tenant and the COR. 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. This schedule shall be outlined and approved as part of the Grounds Maintenance Plan.

Quality Control

The Contractor shall be responsible for quality control. The Contractor shall perform inspection visits to the work site on a regular basis. The Contractor shall coordinate these visits with the COR. These visits shall be surprise inspections to those working on the contract. The Contractor shall submit a written summary of the site visit, to include deficiencies founds and actions taken/to be taken to resolve the deficiencies, on a monthly basis.

Technical Guidance

The Contractor shall have the services of a trained horticulturist with experience in the climate and soil conditions found locally to give technical guidance to the Contractor's work force and to develop and guide the Contractor's programs for lawn and tree care. The horticulturist shall accompany the Contractor at least once every three (3) months (at locations 1.22.1-1.22.5) during Quality Control visits to review the health and state of the landscape and to advise/direct the Contractor. The horticulturist shall provide a written report of the visit. This report shall be delivered to the COR within five (5) working days of the visit. The horticulturist will visit all

Page | 13 properties one (1) time per year as part of the formation of the annual Grounds Maintenance Plan and shall sign off on the plan. The horticulturist credentials shall be provided to the COR as part of the solicitation package and any change shall be approve by the COR.

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 in conjunction with the trained horticulturist and shall fit the requirements of local conditions, types of vegetation, and climate factors. The Contractor shall submit a final version of Grounds Maintenance Plan (signed by the Contractor and the horticulturist) to the COR for approval within 30 days after contract award.

1.13 LAWN CARE

Grass Cutting

The Contractor shall maintain the height of grass between 4 and 6 centimeters. The Contractor will mow the grass in an acceptable pattern according industry standard and shall alternate patterns to avoid forming ruts. The Contractor is responsible for all equipment and fuel needed to complete this task.

Edging

The Contractor shall edge all sidewalks, driveways, flower/tree beds, and curbs each time the adjacent grass is cut. Edging shall result in crisp, clean cuts that create straight lines that follow the outline of the adjacent spaces.

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.

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.

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.

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Soil Supply

The Contractor shall supply organic black soil and mixed soil as needed to be used in regular gardening care and reforestation. Also, see Attachment 2 – Contractor Furnished Material/Equipment.

Supply of Sod and Grass Seeds

The contractor shall provide sod and grass seed (that match the existing species) as required to cover any damaged area at the locations included in this contract, as requested by the COR. Any materials to be used under this section shall first be approved by the COR.

Method and Frequencies

The method, frequencies, and dates of grass cutting, hedging, trimming, weeding, and turf repair shall be part of the contractor's Grounds Maintenance Plan for each location included in this contract.

1.14 PRUNING

Maintenance

The Contractor shall maintain trees, shrubs, hedges, bushes, vines, ground cover and flowers.

Pruning

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,

• Ensure the health and safety of the vegetation, and

• Maintain a neat and attractive appearance.

Replacement

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

Method and Frequencies

The Contractor shall prepare a written schedule, as part of the Grounds Maintenance Plan, showing the method, frequencies, and dates of pruning for each location included in this contract. These methods and frequencies shall be reviewed and approved by the horticulturist.

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

Page | 15 practice. The Contractor shall prune all hedges and shaped shrubs to maintain proper shape (as agreed upon with the COR) at all times.

Permits

The Contractor shall process and obtain the necessary permission(s) needed from the appropriate authorities in order to trim the trees or any other service which requires legal permissions for the services provided in this Contract. The Contractor shall initiate the process with sufficient lead time in order to execute the services in a timely manner. The Contractor will not provide these services until the necessary permission is legally granted.

1.15 LEAF REMOVAL

The Contractor shall, on a daily basis, remove leaves and pine needles from the properties listed in Exhibit A and on a weekly basis during the period of October through January. This includes raking the yards, sweeping terraces and sidewalks and keeping the domes clean, to include the areas located between the protection fences along Paseo de la Reforma strip of land in front of the Chancery.

1.16 RECYCLED MATERIALS

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

1.17 REMOVAL OF DEBRIS

The Contractor shall remove foreign material, cuttings, grass, leaves, bark, limbs, dead vegetation, paper, and trash from the maintained areas including walkways, stairways and curbs within or adjacent to the area. The Contractor shall remove all debris and equipment from the work site before the end of each workday. Debris removal shall prevent unsightly accumulation.

The Contractor shall promptly remove collected debris to an authorized disposal site. The Contractor is responsible for all expenses incurred in the collection and disposal of debris.

1.18 WATERING

The Contractor shall water lawns, flowers, shrubs, and trees to provide for moisture penetration to a depth of 7 centimeters at all the locations stated in this contract, to include the strip of land located on Paseo de la Reforma Avenue in front of the Chancery. 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.

Method and Frequencies

The Contractor shall present the method, frequencies, and dates of watering in a written schedule in the Grounds Maintenance Plan and with concurrence of the trained horticulturist. The schedule shall take into account the kinds of vegetation, local soil conditions, and the seasonal variations in plant moisture requirements for each location included in this contract.

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Irrigation Equipment

The Contractor shall provide all hoses, portable sprinklers, and other similar irrigation equipment.

Water Supply

The Government shall furnish the supply of water.

1.19 FERTILIZER

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.

Method and Frequencies

The Contractor shall present the method of application, fertilizer type, frequencies, and dates of fertilizing and liming in the Grounds Maintenance Plan for each location included in this contract. All fertilizers shall meet Environmental Protection Agency (EPA) guidelines and be approve by the department’s Safety, Health, and Environmental Management (SHEM) through posts Assistant Post Occupational Safety and Health Officer (A/POSHO).

Lawn Areas

The Contractor shall fertilize the lawn areas a minimum of two times per year in accordance with the approved Grounds Maintenance Plan and coordinated with the COR.

Weed Killer

The Contractor shall apply weed killer as needed and approved in writing by the COR. The Contractor shall avoid unnecessary weed killer applications.

Trees, shrubs, etc.

The Contractor shall fertilize trees, shrubs, bushes, hedges and plants a minimum of once a year in accordance with the approved schedule in the Grounds Maintenance Plan and in coordination with the COR.

1.20 PEST AND DISEASE CONTROL

The Contractor shall maintain a program for controlling pests and plant disease so as to maintain flowers, shrubs, vines, trees and other planted areas in a healthy and vigorous condition. The general plan shall be included in the Grounds Maintenance Plan and agreed upon with the trained horticulturist. The Contractor shall obtain prior approval of the COR and A/POSHO for all pesticides and their application times and dates. A list of approved chemicals is found in attachment 3 and 4.

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Method and Frequencies

The Contractor shall present a plan for pest and disease control as a part of its Grounds Maintenance Plan for each location.

1.21 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.

Labelling

All chemicals used for the provision of services under this contract shall be properly labelled in both English and Spanish.

All chemicals must be labeled (according to OSHA standards using the Safety Data Sheet (SDS) forms and methods) and approved by the COR and A/POSHO, in writing, prior to their utilization. Chemicals shall remain in their original containers to preserve the manufacturers information and warnings. If another container is to be used, it must contain the same safety information and labeling as the original packaging.

Safety Measures

The Contractor shall submit a plan for safety measures to be taken regarding hazardous and toxic products. This plan shall be updated in accordance to both U.S. and local health and safe regulations, as well as whenever the COR considers it necessary.

1.22 LOCATION FOR GARDENING SERVICES

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

Paragraph Location Address Description

1.22.1 Chancery

Paseo de la Reforma Colonia Cuauhtémoc Mexico City

530.26 square meters

To include:

� Large Indoor planters � Table Top Indoor planters

1.22.2

Chancery – Strip of land on Paseo de la Reforma Avenue

Paseo de la Reforma Colonia Cuauhtémoc Mexico City

2,099.79 square meters

1.22.3 Benjamin Franklin Library

Liverpool Juárez Mexico City

186.54 square meters

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Paragraph Location Address Description

1.22.4 CMR

Paseo de la Reforma Lomas de Chapultepec Mexico City

7,729.34 square meters including the ravine

To include:

� Large indoor and outdoor planters

1.22.5 DCR

Av. Palmas Lomas de Chapultepec Mexico City

274.89 square meters

1.22.6 Residential Apartments

Musset Colonia Polanco Mexico City

393.72 square meters

1.22.7 Residential Apartments

Seneca Colonia Polanco Mexico City

26.64 square metersº

1.22.8 Marine House

Sierra Paracaima Lomas de Chapultepec Mexico City

244.05 square meters

1.22.9 DATT Residence

Castillo de Miramar Real de las Lomas Mexico City

252.6 square meters

1.23 WORKING HOURS

All work shall be performed Monday through Friday 06:30 hrs. to 1700 hrs., except for the holidays identified in the Addendum in Section 2. Work at residential units shall not commence until 08:00 hrs. Other hours may be approved by the Contracting Officer's Representative. The Contractor must provide at least 24 hour advance notice to the COR who will consider any deviation from the hours identified above.

1.24 DELIVERABLES

The following items shall be delivered under this contract:

DESCRIPTION QUANTITY DELIVERY DATE DELIVER TO

1. Insurance 1 10 days after award Contracting Officer

2. Grounds Maintenance Plan – Draft

1 With proposal Proposal

3. Ground Maintenance Plan – Final Version

30 days after award or after exercising each option year

COR

4. Safety Plan 1 With proposal and as required by COR Proposal/COR

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5. List of Personnel 1 10 days after award COR

6. Transition Plan 1 5 days after award COR

7. Payment Request 1 Monthly FMC/COR

8. Monthly Inspection Summary (1.12.3)

1 Monthly COR

9. Quarterly Horticulturist Report (1.12.4) (properties 1.22.1- 1.22.5)

1 Quarterly COR

1.25 PERSONNEL REQUIREMENTS

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.

Standard of Conduct

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).

Conduct during duty hours

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. Neglect of duties shall not be condoned.

Offensive and disorderly conduct

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.

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.

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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.

Safety Precautions

Contractor employees shall follow proper safety policies and practices, to include those found in the approved contractor safety plan. The COR reserves the right to remove an employee not following proper safety protocols or to stop work until proper protocols are followed.

The COR reserves the right to place additional safety protocols in place in case of a major event such as a natural disaster, pandemic, etc.

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.

1.26 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.

1.27 PERSONNEL SECURITY

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 30 days to perform. For each individual the list shall include:

• Full Name

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• Place and Date of Birth

• Current Address

• Identification number

• Letter of non-criminal record

Identity Cards

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 operated facilities to any individual.

1.28 MATERIALS AND EQUIPMENT

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

The Contractor is responsible for ensuring that their employees have the proper equipment and materials to do the job. If a task/job normally requires a specific tool for completion, that tool shall be supplied to the employees. The Contractor shall not require their employees to work using improper tools.

1.29 INSURANCE

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

General Liability includes without limitation premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury.

1. Bodily Injury in US Dollars

Per Occurrence $500,000.00

Cumulative $500,000.00

2. Property Damage in US Dollars

Per Occurrence $1,000,000.00

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Cumulative $1,000,000.00

Minimum Required

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.

Defense Based Act Insurance

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 52.228-4.

Damages

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

• any property of the Contractor,

• its officers,

• agents,

• servants,

• employees, or

• any other person,

• arising from an incident to the Contractor's performance of this contract.

Indemnification

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.

Material and Equipment Insurance

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.

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.

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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.

1.30 LAWS AND REGULATIONS

Compliance required

The contractor shall, without additional expense to the Government, be responsible for complying with all host country laws, codes, ordinances, and regulations applicable to the performance of the work, and with the lawful orders of any governmental authority having jurisdiction. 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.

Labor, Health and Safety

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

1.31 TRANSITION PLAN

Within five (5) days after contract award, the Contracting Officer may ask the Contractor to develop a plan for preparing the new Contractor to assume all responsibilities for gardening services. The plan shall establish the projected period for completion of all clearances of contractor personnel, and the projected start date for performance of all services required under this contract. The plan shall assign priority to the selection of all supervisors to be used under the contract.

1.32 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract.

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

Performance Objective Scope of Work Para Performance Threshold

Services. 1.1 thru 1.32 All required services are performed and standards are met.

No more than three (3)

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Performs all gardening services set forth in the scope of work according to contract and industry standards.

complaints is received per month.

Complaints can originate from Government personnel or the

COR.

Surveillance

The COR will receive and/or document any complaints regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

Documented complaints will include those of the COR or GTM.

Standard

The performance standard is that there are no more than three (3) complaints 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.

Procedures.

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

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

(3) 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.

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

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

(6) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint. If necessary, complaints from the COR will be verified by a third party.

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

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

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LIST OF ATTACHMENTS

Attachment # Description

Attachment 1 Government Furnished Property

Attachment 2 Contractor Furnished Material/Equipment

Attachment 3 Department-Recommended EPA-Registered Self-Help Pesticides for Common Pests

Attachment 4 Department-Authorized EPA-Registered Professional-Use Pesticides For Common Pests

Attachment 5 Price Breakdown per Location

Attachment 6 Payment Registration Form – Pesos

Attachment 7 Payment Registration Form – U.S. Dollars – US Bank

Attachment 8 Payment Registration Form – U.S. Dollars – Mexican Bank

Attachment 9 DUNS, NCAGE & SAM Registration Instructions

Attachment 10 NDAA Compliance Letter

Attachment 11 Safety Management Plan

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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:

(a) U.S. Government Identification Badges

Upon individual certification and clearance by the Regional Security Office, a Government Identification Badge will be issued for each contractor’s employee (see DOSAR 652.204-70 provided in full text in Section 2, Addendum to Contract Clauses).

(b) Water

The U. S. Government will provide water from the faucets already available in the gardens at each location listed in paragraph 1.22.

(c) Storage room:

The U. S. Government will provide storage room for the Contractor to store materials/items, equipment as stated below.

o Chancery – No designated storage area.

o BFL – No designated storage area o CMR – Designated area under roofing for water tanks 2.00 m x 2.00 m.

o DCR – Common storage area in basement 2.75m x 1.00 m.

o Musset – One basement storage bin 1.2 m x 2m.

o Seneca – No designated storage area.

o Marine House – No designated storage area.

o DATT Residence – – No designated storage area.

The materials/items and equipment which the Contractor shall store in the room shall only be used to provide the services to the U.S. Government. All materials must be secured, stored and locked at all times in all locations, when not in use.

NOTE: Contractor furnished chemical products (see Attachment 2): chemical products shall be properly labeled according to OSHA Hazard Communication standard 1910.1200, aligned with the UN Globally Harmonized System of Classification and Labelling of Chemicals (GHS), Revision 3. Flammable products shall be stored in secured cabinets that comply with the NFPA

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Flammable Liquid Storage Code #30 and the OSHA standard 1910.106 for storage of class I, II and III liquids. Before storage of any chemical or flammable product the contractor shall submit the product specification sheets and SDS to the COR and A/POSHO for approval. Products shall not be unattended at any time and all SDS shall be kept on site and easily accessible to those using the products.

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ATTACHMENT 2

CONTRACTOR FURNISHED MATERIAL/EQUIPMENT

The contractor shall provide all equipment, materials, supplies, and clothing required to perform the standard and temporary additional services as specified in this contract. Such items shall be provided for each employee and each location, and shall include, but are not limited to the following:

(a) Uniforms (per employee) o Two (2) uniforms per each employee per contract year, to include:

� Industrial boots � Industrial gloves � Jacket for winter � Earplugs � Glasses � Safety personnel equipment

(b) Materials (per location) o Materials per location will vary. The Contractor shall have on hand all materials necessary to fulfill the contract.

(c) Tools and equipment (per location) o Lockers (Chancery, BFL, CMR, DCR, Musset, Marine House) o Aside from the lockers, the Contractor shall provide all tools and equipment necessary to fulfill the requirements of this document.

(d) Other o Any other operational, safety or administrative items required for performance of the duties and requirements of this contract.

The contractor shall maintain sufficient parts and spare equipment for all contractor furnished materials to ensure uninterrupted services as required by the contract.

NOTE: Storage of Contractor furnished chemical products (see Attachment 1): chemical products shall be properly labeled according to OSHA Hazard Communication standard 1910.1200, aligned with the UN Globally Harmonized System of Classification and Labelling of Chemicals (GHS), Revision 3. Flammable products shall be stored in secured cabinets that comply with the NFPA Flammable Liquid Storage Code #30 and the OSHA standard 1910.106 for storage of class I, II and III liquids. Before storage of any chemical or flammable product the contractor shall submit the product specification sheets to the COR for approval. Products shall

Page | 30 not be unattended at any time and all SDS shall be kept on site and easily accessible to those using the products.

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ATTACHMENT 3

DEPARTMENT-RECOMMENDED EPA-REGISTERED SELF-

HELP PESTICIDES FOR COMMON PESTS

An active self-help program can empower residents to address pest problems when the population is small. Traps, fly swatters, caulk, etc. can be highly effective pesticide-free measures. The Department defines a self-help pesticide as a consumer pesticide product intended for use by individuals with no special equipment or training. All pesticides must be appropriate for the target pest and situation, be free of highly toxic ingredients, and have clear instructions.

Preferably, they should be “ready-to-use” (require no diluting). The EPA registered products listed are available from various sources including DSCR and UNIVAR. However, posts are not limited to using these self-help pesticides and good products may be available locally.

OBO/OPS/SHEM is available to review local self-help products.

PEST(S) INDICATIONS PESTICIDE BRIEF USE INSTRUCTIONS

Cockroaches, indoors:

Use disposable bait stations or bait gels applied in daps smaller than a pea. Indoor use only. Use large bait stations for large roaches Bait station, disposable.

Indoor use only. Use large bait stations for large roaches

Maxforce Quick Kill bait station -containing fipronil (Bayer)

Use 4-6 bait stations per 100 square feet of horizontal surface area. Place where cockroaches have been seen and where they hide. Do not spray liquid or aerosol pesticides around bait stations. Advion Cockroach

Bait Arena ( w/ 0.5% Indoxacarb (Dupont) Almost any bait gel or bait station will likely be acceptable.

Submit label to SHEM for review.

Ants Bait station, disposable.

Indoor use only

MaxForce Ant Bait station – contains fipronil (Bayer)

For a typical infestation use 3 bait stations in an average size room. Additional bait stations will be needed for heavier infestations

Almost any bait gel or bait station will likely be acceptable.

Submit label to SHEM for review.

Flying insects:

flies, mosquitoes, gnats, moths, etc.

Aerosol spray can. Direct spray to flying insects, which are dropped on contact. Room spray

Insecticide, pyrethrin aerosol (PT 565 Plus

XLO)

Follow instructions on label. Close all doors and windows. Remove pets, cover fish aquariums, cover or remove exposed foods.

Direct spray mist to all parts of the room avoiding contact with cooking utensils and food preparation surfaces. Keep room closed for 15 min. Then ventilate room.

P.I. Formula 1 Contact Insecticide, 0.5% pyrethrins (Whitmire/BASF)

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PEST(S) INDICATIONS PESTICIDE BRIEF USE INSTRUCTIONS

Fleas Aerosol, “bomb”, liquid sprays containing a pyrethroid and an insect growth regulator such as methoprene or pyriproxyfen. Pet owners should consider veterinary products such as Frontline and Advantage.

Various such as Precor 2000 Plus – label should indicate that product kills emerging fleas and is effective for several months.

Follow label instructions. Note that some “bomb” type products are potentially flammable – ignition sources must be extinguished prior to treatment.

Wasp and hornet, killer. Kills bees, hornets, wasps, & yellowjackets.

Aerosol can spray. For use outdoors only. Produces an instant knockdown and kill on contact from 12 feet away.

Wasp Freeze or similar, active ingredients are allethrin and d-phenothrin.

Follow label instructions. Clothing/ equipment to protect applicator from possible stings may be necessary. Particular attention is needed if working at heights.

Insect repellents (mosquitoes flies, ticks, etc.)

Contact MED for recommendations

Aerosol can spray for clothing application.

Permethrin (0.5%) arthropod spray

Follow spray application instructions on label.

Kills/repels mosquitoes and ticks.

Cream for skin application 3M Ultrathon, active ingredient-N, N-diethyl-m-toluamide

(DEET) 31.5%

Apply cream on skin surfaces as directed on label.

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ATTACHMENT 4

DEPARTMENT-AUTHORIZED EPA-REGISTERED

PROFESSIONAL-USE PESTICIDES FOR COMMON PESTS

Except for garden pesticides, professional-use pesticides must be Department-authorized. The pesticides listed below are “pre-authorized’ and are available from a variety of sources. Posts must ensure that authorized pesticides are available locally or procure and stock them. Local equivalents require review by OBO/OPS/SHEM. Remember that not all uses described on the pesticide label are authorized and that the POSHO must review and approve each pesticide application in writing.