RFP19TS8019R0010_Tunis_2020_Gardening_Services_110719.doc

RFP#19TS8019R0010 – US Embassy Tunis, Gardening Services

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF SERVICES

The Contractor shall provide gardening services for the U.S. Embassy Tunis, Tunisia

B.2 TYPE OF CONTRACT

This is a fixed price contract for standard services. Time and materials for temporary additional services, and fixed unit prices for residential landscaping will be used.

B.3 TYPES OF SERVICES

(a) Standard Services. The Contractor shall provide standard gardening services as specified in Section C for properties listed in Exhibit A.

(b) Temporary Additional Services. The Contractor shall provide Temporary Additional Services when requested by the Contracting Officer's Representative (COR) through a written order, but not to exceed the ceiling price without the Contracting Officer’s approval. Temporary Additional Services delivered shall be in addition to the Standard Services, and shall be priced at the unit price shown below. The tasks to be accomplished shall be additional quantities of the same tasks described in Section C.

(c) Residential Landscaping. The Contractor may be directed by the COR to conduct maintenance visits to vacant leased residences. The description of services under this line item includes, but is not limited to watering, cutting/trimming grass, weeding, raking, sweeping, light trimming and general clean-up of the property including picking-up trash and other debris. All garden waste and trash accumulated shall be removed from the property by the contractor. All required gardening supplies, tools and equipment including ladders shall be provided by the contractor. The average number of visits is 45 per year. These tasks shall be priced at the unit per visit as shown below.

B.4 PRICING

(a) The Government will pay the Contractor a fixed price per month for Standard Services that have been satisfactorily performed. The Government will also pay the Contractor for Temporary Additional Services, and Residential Landscaping ordered each month by the Government for satisfactorily completed work.

(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. The Contractor shall include any premium pay for overtime only in the fixed rates for Temporary Additional Services.

(c) The Government will also reimburse the Contractor at the purchase price for any materials or equipment ordered by the Government for Temporary Additional Services.

(d) 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.

(e) The Government will make payment in local currency.

(f) 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.

B.5 BASE YEAR PRICES

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

Per Month ________

Per Year ________ (Per month x 12)

(b) Temporary Additional Services. The hourly fixed rate for temporary additional services is:

Hourly Rate ________

Estimated Number of Hours per Year ___120_____

Ceiling Price per Year ________

(c) Residential Landscaping. The per visit fixed price for vacant houses between occupants is:

Per visit Rate ________

Estimated Number of visits Per Year ___90_____ (02 visits x 45 vacant houses between occupants)

Ceiling Price per Year ________

TOTAL for BASE YEAR Not to Exceed: ___________________ (a + b+ c)

B.6 FIRST OPTION YEAR PRICES

(a) Standard Services. The fixed price for the first option year of the contract is:

Per Month ________

Per Year ________ (Per month x 12)

(b) Temporary Additional Services. The hourly fixed rate for temporary additional services is:

Hourly Rate ________

Estimated Number of Hours per Year ___120_____

Ceiling Price per Year ________

(c) Residential Landscaping. The per visit fixed price for vacant houses between occupants is:

Per visit Rate ________

Estimated Number of visits Per Year ___90_____ (02 visits x 45 vacant houses between occupants)

Ceiling Price per Year ________

TOTAL for FIRST OPTION YEAR Not to Exceed: ___________________ (a + b+ c)

B.7 SECOND OPTION YEAR PRICES

(a) Standard Services. The fixed price for the second option year of the contract is:

Per Month ________

Per Year ________ (Per month x 12)

(b) Temporary Additional Services. The hourly fixed rate for temporary additional services is:

Hourly Rate ________

Estimated Number of Hours per Year ___120_____

Ceiling Price per Year ________

(c) Residential Landscaping. The per visit fixed price for vacant houses between occupants is:

Per visit Rate ________

Estimated Number of visits Per Year ___90_____ (02 visits x 45 vacant houses between occupants)

Ceiling Price per Year ________ TOTAL for SECOND OPTION YEAR Not to Exceed: ___________________ (a + b+ c)

B.8 THIRD OPTION YEAR PRICES

(a) Standard Services. The fixed price for the third option year of the contract is:

Per Month ________

Per Year ________ (Per month x 12)

(b) Temporary Additional Services. The hourly fixed rate for temporary additional services is:

Hourly Rate ________

Estimated Number of Hours per Year ___120_____

Ceiling Price per Year ________

(c) Residential Landscaping. The per visit fixed price for vacant houses between occupants is:

Per visit Rate ________

Estimated Number of visits Per Year ___90_____ (02 visits x 45 vacant houses between occupants)

Ceiling Price per Year ________

TOTAL for THIRD OPTION YEAR Not to Exceed: ___________________ (a + b+ c)

B.9 FOURTH OPTION YEAR PRICES

(a) Standard Services. The fixed price for the fourth option year of the contract is:

Per Month ________

Per Year ________ (Per month x 12)

(b) Temporary Additional Services. The hourly fixed rate for temporary additional services is:

Hourly Rate ________

Estimated Number of Hours per Year ___120_____

Ceiling Price per Year ________

(c) Residential Landscaping. The per visit fixed price for vacant houses between occupants is:

Per visit Rate ________

Estimated Number of visits Per Year ___90_____ (02 visits x 45 vacant houses between occupants)

Ceiling Price per Year ________

TOTAL for FOURTH OPTION YEAR Not to Exceed: ___________________ (a + b+ c)

B.10 GRAND TOTAL

Base Year Total:

First Option Year Total:

Second Option Year Total:

Third Option Year Total:

Fourth Option Year Total:

GRAND TOTAL (not to exceed):

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1

PERFORMANCE WORK STATEMENT (PWS) - GARDENING SERVICES

C.1 Work Requirement C.1.1 General. This is a fixed-price contract for gardening services for the U.S. Embassy Tunis, Tunisia. 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/Embassy Compound" means the grounds where the Embassy is physically located and conducts official diplomatic transactions. This property encompasses the grounds of the Embassy, the parking area, the Recreation Center and the adjoining "green space" property.

"CMR" means the official residence of the Chief of Mission/Ambassador, including all areas inside the perimeter wall.

"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, "DCMR" means the official residence of the Deputy Chief of Mission, including all areas inside the perimeter wall.

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

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

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 Management and Supervision C.4.1.

Supervision: The Contractor shall designate a representative who shall be responsible for on-site supervision of the Contractor's workforce at all times. This supervisor shall be the main point of contact on site for the Contractor and shall be the primary liaison with the U.S. Government personnel. The supervisor shall have a minimum 5 years experience in landscaping/horticulture profession and possess sufficient English language to be able to communicate with members of the U.S. Government staff on technical matters, relating to the conduct of this contract. The supervisors are expected to be on-site a minimum of five hours per day especially at the start and the completion of the workday. The supervisor shall have supervision as his or her sole function.

C.4.2.

Schedule: 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.

Standard Services shall be delivered between the hours of 07:30 AM and 16:30 PM, Monday through Friday. Changing clothes and conducting other non-contractual activities shall be conducted outside of the Standard Services time allocation. Contract employees shall receive a thirty-minute lunch break. 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 period to perform the service.

C.4.3.

Quality Control: The Contractor shall be responsible for the overall quality control of this contract by conducting various inspections throughout the contract period. At a minimum, the Contractor shall perform and provide a status report on a weekly basis, for inspection of all properties with the COR or COR designee. The findings of these inspections shall be documented and the report filed with the COR. The COR/COR Designee and the Contractor shall conduct a meeting at least on weekly or sooner if a situation or issues requires a meeting take place to discuss performance and deficiencies found.

C.4.4.

Trained Horticulturist: The Contractor shall provide the services of a certified horticulturist with the minimum of five years of experience that is familiar with local flora, climate, soil conditions, greenhouse management as well as established pest management identification and treatment programs. The purpose of this expert is to provide the Contractor with an extra level of professional guidance to ensure professional landscaping results throughout the contract period.

C.4.5 Grounds Maintenance Plan: The Contractor shall submit an annual Grounds Maintenance Plan for each of the three compounds under contract that reflects the identified requirements and the overall plan/strategy to reach those goals. The Grounds Maintenance Plan is a written document in English that explains how the contractor intends on fulfilling the contract requirements. This comprehensive annual planning document should include but is not limited to manpower/labor requirements, developing various planning schedules that identify for example, when principal seasonal activities will take place such as planting, feeding or pruning activities. In addition, the plan shall include input regarding safety and safety training, oversight of the pest management program and other activities that supports the Grounds Maintenance Plans. The Contractor shall submit the Grounds Maintenance Plans to the COR/COR Designee for approval within 30 days after contract award. For the purposes of this plan, the government requires the following minimum manning on each compound:

Embassy Compound: Minimum 7 gardeners on site during normal working hours, plus supervisor.

CMR: Minimum 2 gardeners on site during normal working hours.

DCR: Minimum 1 gardener on site during normal working hours.

C.5.

Lawn Care C.5.1.

Grass Cutting: The Contractor shall maintain the height of grass between 4 and 6 centimeters in all grassy areas. The Contractor is responsible to provide and maintain all his equipment and provide fuels needed to complete this task.

C.5.2.

Edging: The Contractor shall edge all sidewalks, driveways, and curbs of all grassy areas each time they cut the adjacent grass in that area.

C.5.3.

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

C.5.4.

High trimming: The contractor shall proceed with high trimming of big trees and palm trees to height and width, as recommended by horticulturalist or COR.

C.5.5.

Weeding: On a daily basis, the Contractor shall inspect all areas under contract for new weed growth to ensure early detection and applications of counter measures before greater problems arise. Regarding reoccurring weed issues; gardens and landscape must be weeded on a continuous and aggressive basis to prevent the further growth of existing weeds in lawn, landscapes, water retention areas, concrete joints and the razor wire/concertina security features. The Contractor may use herbicides or manual methods to combat the growth of weeds but shall obtain approval from the COR/COR Designee for all applications of herbicides to ensure products are safe and approved for use.

C.5.6.

Turf Repair and Re-establishment. The contractor shall repair grass areas damaged by overuse or other types of damage. The Contractor shall level, reseed or re-sod the damaged area to conform to adjacent areas. Investigate the nature of overuse and suggest solutions to avoid future damage.

C.5.7.

Methodology: The method, frequencies, and dates of grass cutting, hedging, trimming, high trimming, weeding, and turf repair shall be part of the contractor's Grounds Maintenance Plan.

C.6.

Pruning C.6.1.

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

C.6.2.

Schedule: The Contractor shall prepare a written schedule, as part of the Grounds Maintenance Plan, showing the method, frequencies, and dates' of pruning.

C.6.3.

Updates: The contractor shall provide any updates of the Grounds Maintenance Plan and corresponding schedules on time to the COR.

C.6.4.

Methodology: The Contractor shall prune all shrubs, vines, bushes, ground cover, and trees to direct and encourage plant growth in directions desired, and remove dead and unsightly growth, and maintain a neat and attractive appearance.

C.6.5.

Planning: The Contractor shall prune according to the schedule in the Grounds Maintenance Plan to ensure that all heavy pruning is accomplished during the proper season according to best horticultural practice. The Contractor shall prune all hedges and shaped shrubs to maintain proper shape at all times.

C.6.6.

Replacements: 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

C.7. Leaf Removal. The contractor shall remove the accumulation of leaves and similar debris year around. This includes the entire Embassy Compound.

C.8. Recycled Materials. The Contractor shall promote the use of composting whenever possible, especially with grass and leafy materials that compost easily. The contractor shall include a composting plan in the Grounds Maintenance Plan.

C.9. Removal of Debris. The Contractor shall remove the daily accumulation of landscaping debris and green waste by storing it near the Recreational Center and then removing the weekly accumulation offsite at the end of each workweek. Burning green waste and other debris on any of the Embassy properties is not an acceptable method of destruction/removal. In addition to green waste, the contractor is responsible for picking-up and disposing of plastic bags/bottles, papers and other flying debris that originates in or enters the compounds and parking lots. There is no exclusion zone; the contractor is responsible for the cleanliness of the entire Embassy Compound, CMR and DCR including the parking lots, walkways, water retention areas, ditches, recreation center property perimeter wall areas, inside/outside compound entrances. Contractor may receive direction from COR for debris removal not specifically mentioned. The Contractor is responsible for all expenses incurred in the collection and disposal of debris.

C.10.

Watering C.10.1.

The contractor shall water lawns, flowers, shrubs, and trees to provide for moisture penetration to a depth of 7 centimeters. If natural precipitation is sufficient to fulfill this requirement, the contractor may request the COR's permission to suspend watering to avoid too much water in the soil.

C.10.2.

The contractor shall present the method, frequencies, dates and times of watering in a written schedule in the grounds maintenance plan, so the automatic irrigation system in place may be programmed. The schedule shall take into account the kinds of vegetation, local soil conditions, and the seasonal variations in plant moisture requirements.

C.10.3.

The contractor shall provide all hoses, portable sprinklers, and other similar irrigation equipment in the areas not covered by the automatic irrigation system. The contractor shall provide watering as a supplement irrigation system, when these items are not corresponding to satisfy requirements noticed by the COR, the contractor shall replace them.

C.10.4.

The government shall furnish the supply of water and maintain the automatic irrigation system in place.

C.11. Fertilizer C.11.1.

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

C.11.2.

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

C.11.3.

The Contractor shall fertilize the lawn areas.

C.11.4.

The Contractor shall apply weed killer when necessary, or at direction of COR. If weed killer is not required, the contractor shall request a waiver in writing from the COR. The COR shall approve the type of weed killer.

C.11.5.

The Contractor shall fertilize trees, shrubs, bushes, hedges and plants.

C.11.6.

When soluble or liquid fertilizer is applied through the main water tank supplying irrigation system, the contractor shall advise the COR.

C.12. Pest and Disease Control.

C.12.1.

The contractor shall implement a Pest Management Program for controlling pests and plant diseases if other non-chemical methods fail. The Contractor shall obtain approval from the COR/COR designee for all herbicides, pesticides, insecticides applications to ensure the necessity and overall safety of the treatment and environmental impact. The contractor shall present a treatment plan for pest and disease control as a part of its Grounds Maintenance Plans.

C.13.

Hazardous and Toxic Substances. The contractor is responsible for ensuring the proper handling, application and storage of all hazardous materials used during the duration of this contract including maintaining copies of MSDS data sheets for all materials to ensure total compliance. The contractor shall present an overall safety plan as it pertains to handling application and storage of hazardous materials in the Grounds Maintenance Plans.

C.14.

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 Post. The Contractor shall provide these services in addition to the scheduled services required by paragraph C.3 of this contract. The COR shall order these services as needed. This work shall be performed by trained employees of the Contractor, and shall not be subcontracted. The COR may require the Contractor to provide temporary additional services with 24 hour advance notice.

C.14.1 The Contractor shall include in its next regular invoice details of the temporary additional services and any materials 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.

C.14.2.

Water retention areas:The contractor shall weekly inspect and maintain in proper appearance, removing debris, weeds and general clean-up, the six water retention areas on the Embassy Compound to promote good drainage.

C.14.3.

Embassy perimeter wall: The contractor shall weekly perform trimming of weeds and debris removal. As needed, contractor shall apply herbicide around the perimeter wall inside and outside.

C.14.4.

Open area at Rec. Center:

The contractor shall weekly (at a minimum) inspect the Recreation Center Green Space to ensure the vegetation is cut to ground level, preventing the presence of rodents and other vermin.

C.14.5.

Ditches (CAC 3): The contractor shall inspect the ditches and remove weeds and other vegetation on a weekly basis. The collection of trash shall be conducted concurrently.

C.14.6.

Lawn strips: The contractor shall, on a weekly basis, inspect and conduct garden maintenance on the lawn strips outside the Embassy perimeter wall on both sides of the visitor's entrance (CAC1). The collection of trash such as papers, plastic bags and plastic bottles shall be a daily requirement.

C.14.7.

Mulch: The contractor shall have appropriate crushing/shredding equipment to recycle tree debris and provide mulch for gardening needs, C.14.8.

Damage: The contractor is responsible of any damage caused by the gardeners on the automatic irrigation system, like head sprinklers, pipes, manual and solenoid.

C.14.9.

Equipment and hand tools: The contractor shall provide to his crew appropriate and functional equipment to perform the daily tasks and shall provide enough hand tools.

C.14.10. CMR swimming pool: The Contractor shall perform a daily cleaning of the surface of the swimming pool at the Ambassador's residence using a leaf rake or leaf skimmer. Clean the water return through the perimeter borders of the pool with a nylon scrub brush, remove the lawn debris from the pool apron and patio e.g. leaves, plant, debris, grass clippings etc. The Contractor shall also perform a daily inspection of the water pump room for unusual sounds, water leaks etc. Any problems shall be reported to the COR.

C.14.11. CMR perimeter: Contractor shall maintain clear of brush, wood and general clean up around the CMR perimeter area. This task shall be performed on continual basis, throughout the year. Once annually, contractor shall plan major project to clear all dead plants and debris from this area.

C.14.12. Safety Training: Safety Training must be conducted and documented by the contractor once per week. Suggested subjects: Personal Protection Equipment, Ladder Safety, Lifting Techniques, Power Tool/Equipment Safety. All new employees must attend safety training, which covers all four above subjects. Documentation showing attendance is required.

C.14.13. CMR Greenhouse: The CMR Property has a greenhouse for joint-use by the contractor as required. The contractor is responsible for keeping it clean and orderly. Plants and seedlings that are government property shall not be used to fulfill contract obligations.

C.14.14. Temporary Additional Services:

C.14.14.1. Any and all services which are defined as Standard Services but are required at times other than the normal workday. These services shall support special events at the Post. The Contractor shall provide these services in addition to the scheduled services required by paragraph C.3 of this contract. The COR shall order these services as needed. This work shall be performed by trained employees of the Contractor, and shall not be subcontracted. The COR may require the Contractor to provide temporary additional services with 24 hour advance notice.

C.14.14.2. The Contractor shall include in its next regular invoice details of the temporary additional services and any materials 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.

C.14.15.

Seasonal plants: The document below is sample of popular seasonal plants that have been used successfully in the gardening and landscaping schemes in the past. Although this is informational, the contractor is not limited to these plants and may make suggestions other varieties. The COR/COR designee must approve all plant selections submitted by the contractor in advance to ensure attractiveness, quality and quantity are sufficient. Seasonal plants are planted twice a year while other plants are planted once or as needed.

( not limited to)

REC Center: 100

CMR: 500

DCMR: 200

Two years

REC Center: 300

CMR: 2000

DCMR: 500

One year

REC Center: 500

CMR: 500

DCMR: 200

Two years

REC Center: 50

CMR: 50

DCMR: 20

Two years

Madagascar Palm tree

Yucca…

Four years

Bamboo palms golden pothos

Boston ferns Compound:20

REC Center: 5

CMR: 20

DCMR: 10

three years

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 the following 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. Also the full text of a clause may be accessed electronically at:

http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm.

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an internet “search engine” (for example, Google, Yahoo, 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)

52.209-9 UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS (OCT 2015)

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.

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

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 the following 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. Also, the full text of a clause may be accessed electronically at:

http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm.

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapter6.tpl to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

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 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.

Names, biographic data, police clearance of contractor personnel (H.1) 20 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.

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 Facility Maintenance Inspector

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:

Financial Management Office

American Embassy Tunis, Tunisia

1053, Les Berges du Lac

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.

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

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

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 the 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 twenty (20) 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 the following 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. Also, the full text of a clause may be accessed electronically at:

http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapter6.tpl to access links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

The following FAR clauses are incorporated by reference:

CLAUSES TITLE AND DATE

52.202-1

DEFINITIONS (NOV 2013)

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 (SEP 2006)

52.203-7

ANTI-KICKBACK PROCEDURES

(MAY 2014)

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 (OCT 2010)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

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)

52.204-9

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-10

REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

(OCT 2018)

52.204-13

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (OCT 2018)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015) 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013) 52.215-2

AUDIT AND RECORDS – NEGOTIATION (OCT 2010)

52.215-8

ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA – MODIFICATIONS (AUG 2011) 52.215-13

SUBCONTRACTOR CERTIFIED COST OR PRICING DATA – MODIFICATIONS (OCT 2010)

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA MODIFICATIONS (OCT 2010)

52.222-19

CHILD LABOR – COOPERATION WITH AUTHORITIES AND

REMEDIES (JAN 2018)

52.222-50

COMBATTING TRAFFICKING IN PERSONS (MAR 2015)

52.223-18

ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

52.225-5

TRADE AGREEMENTS (FEB 2016)

52.225-13

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.225-14

INCONSISTENCY BETWEEN ENGLISH

VERSION AND TRANSLATION OF CONTRACT (FEB 2000)

52.228-3 WORKERS’ COMPENSATION INSURANCE (Defense Base Act) (JUL 2014)

52.228-5

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)

*Clause, below, is for temporary additional services only.

52.232-7

PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (AUG 2012)*

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)

52.233-1 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)

52.236-13

ACCIDENT PREVENTION (NOV 1991)

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)

*Clause below is for temporary additional services only

52.243-3

CHANGES—TIME AND MATERIALS OR LABOR HOURS (SEP 2000) *

52.244-06

SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2018)

52.245-1

GOVERNMENT PROPERTY (JAN 2017)

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)

52.248-1

VALUE ENGINEERING (OCT 2010)

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:

52.217-8

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract.

(End of clause) 52.217-9

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the performance period of the contract, or within 30 days after funds for the option year become available, whichever is later.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the…