Question and Answer_19TH2025Q0036_Gardening Services.pdf

Embassy of the United States of America

Bangkok, Thailand

Solicitation No. 19TH2025Q0036 – Gardening Services

Questions and Answers

Q 1: “We would like to know if this is a brand new contract OR if there is (was) an incumbent performing these services. If not brand new, could you please provide the current / previous contract number?”

A: The current contract number is 19TH2021C0001.

Q 2: “In the event that damage occurs to trees or turf due to vehicles driving over the lawn or from the use of the landscape area, can the repair costs be reimbursed? (Ref. Paragraph

no. 1.4.5. – TURF REPAIR AND RE-ESTABLISMENT under Section 1)”

A: According to paragraph 1.4.5. under Section 1, the Contractor shall, whenever necessary and as part of their responsibility under this contract, repair or restore areas of turf that are damaged due to the operation of vehicles or machinery by the Contractor or its personnel. The Contractor is not responsible for remedying damages or turf repairing and restoration when the damage is caused by vehicles which were not operated by the Contractor or its personnel. (Please see amendment number 0001)

Q 3: “If damage to trees or turf occurs due to maintenance, repair, or construction activities within the premises, can the costs to restore the landscape be reimbursed? (Ref.

Paragraph no. 1.4.5. – TURF REPAIR AND RE-ESTABLISMENT under Section 1)”

A: According to paragraph 1.4.5. under Section 1, the Contractor is not responsible for remedying damages or turf repairing and restoration if the maintenance, repair or construction activities are not attributable to the Contractor or its personnel. (Please see amendment number 0001)

Q 4: “In the case of flooding that causes damage to trees or turf, can the costs of restoration be reimbursed? (Ref. Paragraph no. 1.4.5. – TURF REPAIR AND RE-ESTABLISMENT under Section 1)”

A: According to paragraph 1.4.5. under Section 1, the Contractor is not responsible for remedying damages or turf repairing and restoration when the damage is the result of unforeseen circumstances (Acts of God or force majeure) and adequate preparatory measures had been taken by the Contractor. However, according to paragraph no. 1.4.7. under Section 1, if the flooding is attributable to the Contractor, the Contractor shall replace any turf that is killed or rendered for its intended purpose through negligent or irresponsible practices at no additional cost to the Government. (Please see amendment number 0001)

Q 5: “If trees die due to old age, can the renovation or replacement with new trees be reimbursed? (Ref. Paragraph no. 1.4.5. – TURF REPAIR AND RE-ESTABLISMENT under Section 1)”

A: Generally, trees that die due to natural aging or the normal life cycle are not specified as reimbursable under Section 1.4.5.

For short-lived plants such as grass, ground cover plants, flowering trees, ornamental shrubs, or decorative bushes, reimbursement is not applicable. As outlined in Section 1.5.1, the Contractor is responsible for continuous propagation and replanting of such plants as part of routine landscape care practices.

In the case of long-living trees such as rubber trees, banyan trees, and rain trees, if death is determined to be solely due to old age and not caused by negligence or improper care, and there is documented evidence that the Contractor followed proper maintenance procedures and provided reasonable care, the Embassy may consider tree renovation or replacement on a case-by-case basis. By contrast, as specified in Section 1.5.4., if tree death is attributable to negligent or irresponsible practices by the Contractor, replacement shall be the Contractor’s responsibility and performed at no additional cost to the Government. In all cases, the Contractor shall notify the COR in writing.

Q 6: “According to our preliminary assessment, there are approximately 400 large trees in the premises. Can the cost of annual pruning for this number of trees be reimbursed? (Ref.

Paragraph no. 1.5 – PRUNING AND TREE CARE under Section 1)”

A: According to paragraph 1.5. under Section 1, the annual pruning services according to the schedule Grounds Maintenance Plan are required to be provided under this contract at no additional cost to the Government.

Q 7: “In cases where large trees need to be pruned to reduce their height (e.g., by 50%) or removed entirely from the garden upon request from the Embassy, can these costs be reimbursed? (Ref. Paragraph no. 1.5 – PRUNING AND TREE CARE under Section 1)”

A: According to paragraph 1.5.3. in Section 1, pruning services are provided according to the Grounds Maintenance Plan at no additional cost to the Government. However, if the tree shall be removed entirely due to safety concerns based on the Contractor’s assessment identifying structural weakness, disease or potential fall risk which are not caused by the Contractor improper maintenance or negligence, the Contractor must notify the COR and submit the report which includes but is not limited to the reason for tree removal, risk assessment findings and alternative mitigation options (e.g. cabling, pruning instead of removal) to the Contracting Officer and COR for approval. If the Contracting Officer and COR approve to proceed with the removal, the Contractor will not be responsible for this service cost.

Q 8: “If any tree that has been pruned later collapses or breaks and causes damage, is the contractor responsible for removing and disposing of it? (Ref. Paragraph no. 1.5 – PRUNING AND TREE CARE under Section 1)”

A: At no additional cost to the Government, the Contractor shall be responsible for removing and disposing the tree if the tree’s damage was not caused by Acts of God or force majeure.

Q 9: “In case a large tree falls due to strong winds or storms (Acts of God), can the contractor claim reimbursement for trimming and removal from the Embassy compound?

(Ref. Paragraph no. 1.5 – PRUNING AND TREE CARE under Section 1)”

A: According to paragraph 1.5.3 under Section 1, the cost of tree trimming and removal shall neither be responsible by the Contractor nor reimbursable under this contract if the damage be determined to be the result of unforeseen circumstances (Acts of God or force majeure) and adequate preparatory measures had been taken by the Contractor. It is the Contractor’s responsibility to report the damage to the COR immediately. We would prepare a separate purchase order for the work.

Q 10: “During annual tree pruning, to prevent damage to Embassy property (e.g., light poles or drainage covers), can the contractor request the Embassy to temporarily relocate such items from the work area? (Ref. Paragraph no. 1.5 – PRUNING AND TREE CARE under Section 1)”

A: According to DOSAR 652.236-70 clause in Section 2, the Contractor shall be responsible for submitting the Site Safety and Health Plan (SSHP) and shall address any activities listed in this clause, or as otherwise required by the Contracting Officer or the COR which includes but is not limited to a pruning schedule which clearly specifies the date, time and location, Activity Hazard Analyses (AHAs) for specific tasks and the Government’s property which might be at risk of damage to the Government at least 10 working days prior to commencing any activity at the site.

The Government will be responsible for temporarily relocating the property that might be damaged by the annual pruning services if that property is able to be relocated. However, according to paragraph 1.5.3. under Section 1, if the Government’s property is not able to be relocated, the Contractor should make every effort to operate in such a way as to prevent damage to the greatest extent possible. The Contractor is responsible for remedying damages from falling branches or trees that occur while the Contractor is performing pruning operations.

According to paragraph 1.5.3. under Section 1, in the event of negligence during pruning or cutting operations, which results in injury or damage due to falling branches, equipment, or debris, all liability is the sole responsibility of the contractor for compensation. The U.S.

government will not accept any liability related to such incidents. The Contractor must exercise caution when performing work to avoid cutting cables, wires, plugs, etc. as well as sprinklers or other property present in the area.

Q 11: “Are contractors responsible for removing all branches, trunks, and waste resulting from the annual tree pruning from the Embassy premises, or is temporary storage within the compound permitted? (Ref. Paragraph no. 1.5 – PRUNING AND TREE CARE under Section 1)”

A: All debris must be removed from the site daily and shall not be stored onsite, as stated in paragraph 1.8. under Section 1. (Please see amendment number 0001)

Q 12: “Is the contractor required to sweep and remove leaves and all kinds of debris “daily” from external areas such as roads, walkways, parking lots, drainage systems in parking areas, as well as gardens and lawns? (Ref. Paragraph no. 1.6. – LEAF REMOVAL and 1.8. REMOVAL OF DEBRIS under Section 1)”

A: The Contractor is required to perform daily sweeping and removal of leaves and debris from all external areas, including roads, walkways, parking lots, drainage systems, gardens, and lawns, as specified in paragraph 1.6. and 1.8. under Section 1. (Please see amendment number 0001)

Q 13: “For roof and gutter cleaning according to the specified schedule, if any damage occurs to the roof or gutter during the process, is the contractor responsible? (Ref.

Paragraph no. 1.6. – LEAF REMOVAL and 1.8. REMOVAL OF DEBRIS under Section 1)”

A: According to paragraph 1.8.1. under Section 1, the Contractor will be responsible for any damage to the roof, roof tiles and roof gutters that result from cleaning, sweeping, and removal activities at no additional cost to the Government.

Q 14: “Is the contractor responsible for all costs related to disposal of waste generated from garden maintenance and cleaning? (Ref. Paragraph no. 1.6. – LEAF REMOVAL and

1.8. REMOVAL OF DEBRIS under Section 1)”

A: The Contractor is fully responsible for all costs associated with the removal, transportation, and disposal of waste generated from garden maintenance and cleaning activities, as stated in Section 1.8. under Section 1 at no additional cost to the Government. (Please see amendment number 0001)

Q 15: “The Embassy will provide water for plant and lawn irrigation. However, in the case of water shortages or supply issues, can the contractor request the Embassy to arrange for additional water supply? (Ref. Paragraph no. 1.9. – WATERING under Section 1)”

A: According to paragraph 1.9.4. under Section 1 and Attachment 1, water supply shall be provided as a part of Government Furnished Property. The Contractor shall notify the COR immediately if the water supply is not sufficient to perform the service. The Government shall arrange alternative water supply sources or delivery as necessary at no additional cost to the Contractor if the cause of water shortage or supply issues are not the result of the Contractor’s own misuse or damage to the water system.

Q 16: “During long public holidays, is the contractor required to arrange personnel to water plants to prevent damage? If the contractor works on such holidays, can the associated costs be reimbursed? (Ref. Paragraph no. 2. – WORKING HOURS)”

A: While this solicitation does not specifically require the Contractor to perform work during long public holidays, it is the Contractor’s responsibility to ensure that the condition and appearance of the landscape are not compromised. The Contractor must manage resources and plan accordingly to maintain plant health and prevent damage, including arranging for watering or other essential care as needed. Such measures should be included in the Grounds Maintenance Plan for review and reference.

Q 17: “Is the contractor allowed to hire non-Thai foreign workers (e.g., from Myanmar, Laos, or Cambodia) to work inside the Embassy compound? (Ref. Paragraph no. 4.4. –

PERSONNEL SECURITY)”

A: Recruitment of third country nationals for performance on this contract is not prohibited.

According to paragraph no. 1 of RECRUITMENT OF THIRD COUNTRY NATIONALS FOR PERFORMANCE ON DEPARTMENT OF STATE CONTRACTS (MAY 2023) under Section 2 and Section 3, If this recruitment is necessary to perform the contract, the offeror is required to submit plans as parts of its proposal and all plans are assessed on a pass/fail basis. The awarded contractor shall also provide copies of valid employee work permits for all non-Thai workers to the COR once the contract is awarded as required on paragraph no. 4.4. – PERSONNEL SECURITY of Section 1 and paragraph no. 4(f) of RECRUITMENT OF THIRD COUNTRY

NATIONALS FOR PERFORMANCE ON DEPARTMENT OF STATE CONTRACTS (MAY

2023) under Section 2.

Q 18: “Kindly confirm the name of the current gardening services contractor and the total awarded value for the base year plus the four option years under the ongoing contract.”

A: The current contractor who provide gardening services under contract no. 19TH2021C0001 is Garden Alliance Company Limited and the initial awarded contract value is 43,080,170.00 Thai Baht.

Q 19: “Please advise on the total number of gardeners, supervisors, and horticulturists currently deployed under the existing contract.”

A: While the contract does not specify a fixed number of staff required, the contractor is responsible for assigning adequate personnel to ensure all grounds maintenance tasks are performed efficiently and without disrupting daily operations.

Under the current arrangement, the contractor deploys a total of 29 personnel, including full-time gardeners, head gardeners, and 2 horticulturists, across all compounds. This figure excludes the large pruning team.

Q 20: “We would also appreciate information regarding the total volume or value of pesticides and fertilizers utilized over the five-year term of the current contract.”

A: This information is not available because the Contractor’s responsibility for the current contract is to submit the Ground Maintenance Plan including the copies of Material Safety Data

Sheet (MSDS sheets) for pesticides and fertilizers only, so the total volume or value of pesticides and fertilizer is the Contractor’s determination, and this information is maintained by the Contractor.

Embassy of the United States of America